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Legal regulation of military pension




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LEGAL REGULATION OF MILITARY PENSION
IT Prokopčuka

Colonel of Justice ,

listener Humanities Institute

National University of Defense of Ukraine

name ID Chernyakhovskogo
Statement of the problem . Important indicator of the activity of a democratic state guarantees the rights and freedoms of man and citizen specified in the international standards defined and accepted all the congregation were enshrined in the Constitution of Ukraine and other normative - legal acts.

These are enshrined in the Constitution of Ukraine the rights and freedoms apply to the military. One of the factors the rights and freedoms of armed forces is their social protection.

Multiple social security of servicemen and their families is their pensions that guarantee a decent standard of living in the event of disability, the loss of a breadwinner.

Recovering from the crisis and return to growth of the Ukrainian economy makes the implementation of reforms , namely the pension reform and the reform of the Armed Forces, in which questions pension becomes sufficiently acute problem .

Analysis of recent research and publications. Problems pension soldiers seen in the writings V.I.Mirnenka IM Weaver, SM Sazonov , IM Orphans and other . Necessary measures for the legal regulation of military pensions in Ukraine were analyzed and studied in scientific articles AM Careful , MI Karpenko , II Fork, VI Kirilenko and others.

^ The purpose of the article. Is to analyze the regulatory - legal framework , which provides the legal regulation of military pensions in Ukraine in the world of modern reforms , possible ways to improve them .

The main results of the study. The term "social security" , which means a form of material support of disabled citizens , officially enshrined in the International Covenant on Economic, Social and Cultural Rights , adopted by the UN General Assembly on December 16, 1966 In it, in particular, states that " States Parties to the present Covenant recognize the right of everyone to social security, including social insurance " . [2]

The term "social security" is used in the concept of social security of citizens of Ukraine , although Art. 46 of the Constitution of Ukraine [1] uses a different term " social protection " But it is , in our opinion , does not detract from the meaning of the term "social security" .

The main type of social relations that are the subject of social security law , are pension relationship. Relations in the field of pensions, which were first thing different branches of law , have now become the only internally consistent and coherent view of an independent public relations. Unity and the relative independence of pension relations supported by the fact that in Ukraine there is a state pension system [3]. Consequently, there is no reason to regulate relations unified pension rules different branches of law .

Considered appropriate to recall that military service is a special type of public service , it has spawned on those citizens or other duties set by the current legislation the rights and freedoms of their limitations. Settled well and deadlines for military service . As the initial stage of life , and its completion significantly impact on the social well-being , his psychological state. Therefore, social adaptation, ie adaptation of people to a new social environment , new social conditions , is one of the main problems to be solved with military discharge from military service . From the exactness of these social conditions , the formation of goals and means to achieve them and the wellbeing of the soldier and his family. The main issue here is the definition of their social status , legal status in the new and changed conditions.

First it is worth noting that the concept of " legal status " exists only on doctrinal

(academic level) , the legislative definition of this concept today is not . Along with this commonly occurring is the definition of " legal status of servicemen " as a set of rights and freedoms , duties and responsibilities of man and citizen enshrined in the Constitution of Ukraine [1 ], and other acts of legislation , as well as special rights , obligations and liabilities that arise in connection with military service .

The principle of combining a soldier in the face of the rights, freedoms and duties of man and citizen proper military , are fundamental to determine the legal status, fully meets the constitutional - legal principles of the rights and freedoms of man and given the development of rule of law must be put at the center of all transformations in military construction.

A fundamental principle of the legal status of the soldier is the firmness of his status as a person and citizen. " Nobody has the right to limit troops in the rights and freedoms stipulated by the legislation of Ukraine ," says the article . 2 of the Law of Ukraine "On social and legal protection of servicemen and their families " . [5] In accordance with Art . 18 of the Internal Service of the Armed Forces of Ukraine [12]: " The soldiers are under the protection of the State and shall enjoy full rights and freedoms enshrined in the Constitution of Ukraine ."

Citizens acquire the status of a soldier with the beginning of military service and lose after its completion.

Object further consideration will be signs of the legal status of the officers , military to military service under the contract ( hereinafter - the military) . Since the legal status of military servicemen , retired , has its own specifics , it should be considered separately.

If there are several reasons for the dismissal servicemen elected and on the grounds , which provides the most benefits and rights upon release.

In the definition of the legal status of persons discharged from military service or retired , there are certain features. So people discharged from military service be divided into three main categories :

- Persons who are not eligible for a pension;

- Individuals who are eligible for a pension;

- Individuals who are not eligible for pensions and recognized veterans of military service.

It should be noted that persons discharged from military service , may have special status , which is associated with the reform of the Armed Forces, who are subject to the Law of Ukraine " On State Guarantees of social protection of servicemen discharged from military service in connection with the reform of the Armed Forces of Ukraine and members of their families " . [15]

The main backbone acts of legislation on social protection of servicemen and persons discharged from military service or retired , and their families are:

- The Constitution of Ukraine [1];

- Law of Ukraine " On the Armed Forces of Ukraine" [10];

- Law of Ukraine "On Military Duty and Military Service" [9] ;

- Law of Ukraine "On the social and legal protection of servicemen and their families " [5] ;

- Law of Ukraine " On pensions of persons discharged from military service and some others" [5] ;

- Law of Ukraine " On the status of military service veterans , veterans of internal affairs and certain other persons and their social protection " [4] ;

- Law of Ukraine " On State Guarantees of social protection of servicemen discharged from service in connection with the reform of the Armed Forces of Ukraine and members of their families" [11] ;

- Law of Ukraine "On state social standards and state social guarantees " and others.

Considered appropriate to draw attention to the features of the system of social guarantees established by law for the above categories of persons .

System of social guarantees to persons discharged from military service or retired (except conscripts ) is useful to consider the following aspects:

1) social guarantees to all persons discharged from military service ;

2) social benefits to persons discharged from military service in connection with the reform of the Armed Forces of Ukraine ;

3) social benefits to persons discharged from military service and have a long service in the military smaller set ap Article 12 of the Law of Ukraine " On pensions of persons discharged from military service and some others" [4] , namely those officers, warrant officers , soldiers and extended service contract military service , regardless of age, if they:

- Dismissed from service on September 30, 2011 and on the day of dismissal have seniority - less than 20 years ;

- On October 1, 2011 to September 30, 2012 - less than 20 years and 6 months ;

- On October 1, 2012 to September 30, 2013 - less than 21 years ;

- On October 1, 2013 to September 30, 2014 - less than 21 years and 6 months ;

- On October 1, 2014 to September 30, 2015 - less than 22 years ;

- On October 1, 2015 to September 30, 2016 - less than 22 years and 6 months ;

- On October 1, 2016 to September 30, 2017 - less than 23 years ;

- On October 1, 2017 to September 30, 2018 - less than 23 years and 6 months ;

- On October 1, 2018 to September 30, 2019 - less than 24 years ;

- On October 1, 2019 to September 30, 2020 - less than 24 years and 6 months ;

- On October 1, 2020 or after that date and on the day of dismissal have seniority less than 25 calendar years.

4) social benefits to persons discharged from military service and have a long service in the military service of 25 years or more in a calendar year ( or 30 or more years of service in the presence of preferential calculation calendar seniority of 20 years and more).

For military personnel who retire from the military service or retired , the following basic social guarantees :

The allowance for dismissal from military service in the amount determined in the second article . 15 of the Law of Ukraine "On social and legal protection of servicemen and their families " . [5]

Military personnel , except military personnel military service , dismissed from service for health reasons, a lump-sum allowance equal to 50 percent of their monthly cash collateral for each full calendar year of service. In case of dismissal from military service by age, due to downsizing or holding arrangements , the termination of the contract , due to the direct subordination to a close person , systematic failure of contract command lump sum allowance of 50 percent of their monthly cash collateral for each full calendar year of service paid in the presence of 10 years of service or more.

Servicemen in dismissal from military service at his own request , for family reasons , or other valid reasons , the list of which is determined by the Cabinet of Ministers of Ukraine, who have 10 years of seniority and a lump-sum allowance equal to 25 percent of their monthly cash collateral for each full calendar year of service.

Servicemen in dismissal from military service on the service discrepancy in connection with the systematic failure of contract servicemen or in connection with a court conviction , which came into force in connection with the entry into force of the court to prosecute for administrative corruption offense lump sum provided this paragraph shall not be paid .

In case of repeated military dismissal from military service a lump sum provided for in this paragraph shall be paid for the period of their calendar since the last service enlistment period without prior service , except those persons who during the previous dismissal did not acquire the right to receive a cash assistance .

Enrollment time for military service in the insurance period , as well as professional experience and length of public service set Part 2 of Art . 8 of the Law of Ukraine "On social and legal protection of servicemen and their families " . [5]

Provision of housing in the manner determined by the Law of Ukraine "On the social and legal protection of servicemen and their families " . [6]

Providing state of social and professional adaptation. Servicemen who have seniority military service for at least 10 years permitted in the last years before retiring to pass retraining (minimum 500 hours ) without charging them with tuition fees.

For soldiers who are dismissed from military service in connection with the reform of the Armed Forces of Ukraine ,established the following basic social guarantees :

- Persons who dismissal from military service change their place of residence, and their families paid the fare and baggage to a new place of residence;

Persons who are not entitled to a pension , the period of employment , but not more than one year shall be paid a monthly allowance of salaries and allowances for military rank . When you register in the prescribed manner of these persons in the public employment service said payment is not made ;

- Soldiers to be dismissed from military service due to the reduction and the recognition that veterans of military service or buying pension for years of service has less than six months , at their request may be credited to this period in the disposal of the commander (chief ) maintaining a monthly monetary allowance to the last full-time position ;

- The right to use available health facilities of the Ministry of Defence.

Individuals who need to improve their living conditions , within three years after the liberation of the living quarters is provided in the manner prescribed by law, or are eligible to receive credits for individual construction or purchase of housing in paying their expense of the State Budget of Ukraine.

Upon reaching 45 - the age and length of service in the presence of 20 years granted a pension , which is calculated pension of 50 percent of the cash collateral .

Those who are exempt from the Armed Forces of Ukraine in connection with their reform , military service veteran status granted in the case of service of 20 years or more in a calendar -year or 25 years or more under preferential terms.

Persons discharged from military service and have a long service in the military smaller amount established in paragraph "a " of Art. 12 of the Law of Ukraine " On pensions of persons discharged from military service and some others" [4] establishes the following social benefits :

Entitled to a free personal property of premises which they occupy in the houses used housing .

Recognition of those veterans of military service :

1) have served impeccably in military service 25 years or more in a calendar or 30 years or more preferential terms ( of which at least 20 years of seniority in a calendar year) and transferred to the reserve or retired in accordance with the laws of Ukraine or the former Soviet Union or CIS ;

2 ) disabled groups I and II , who became disabled as a result of injury, concussion , injury or illness related to the performance of military duties or while on duty for the protection of public order, crime and disaster relief ;

3 ) disabled groups I and II , who became disabled as a result of the disease, resulting in a period of military service and service in the police , tax police , the state fire protection , the State Criminal - Executive Service of Ukraine , bodies and departments of civil protection , the State Service for Special communication and Information Protection of Ukraine , and which have a long service life and military service in the internal affairs of the State Fire protection , state criminal - executive Service of Ukraine , bodies and departments of civil protection , public service special communication and Information Protection of Ukraine 20 years and over ;

4) military retirees who were awarded the medal " Veteran of the Armed Forces of the USSR " by legislation of the former USSR ;

5) impeccably served for military service 20 years or more in a calendar or 25 years or more preferential terms and discharged from military service in connection with the reform of the Armed Forces of Ukraine .

Persons discharged from military service and have a long service in the military service of 25 years or more in a calendar -year social guarantees include :

Entitled to a free personal property of premises which they occupy in the houses used housing .

The right to a pension for years of service in accordance with the Law of Ukraine " On pensions of persons discharged from military service and certain other persons " . [4]

In accordance with Art . 5 of the Law of Ukraine " On the status of military service veterans , veterans of internal affairs and certain other persons and their social protection " [7] recognized veterans of military service. They are granted the privileges established by Art. 6 of the Act .

Besides those mentioned above, dismissed soldiers who are veterans ( disabled war combatants and war veterans ) or participants in the aftermath of the Chernobyl nuclear power plant , or who performed the duty as part of the UN peacekeeping force , use of social guarantees and privileges established for their special Ukrainian laws (Laws of Ukraine " On the status of war veterans and guarantees of their social protection " [6] , "On the status and social protection of citizens affected by the Chernobyl disaster" [8] and others). At the same time , when the right to the same benefit provided by various normative - legal acts , this privilege is granted to one of them by choice of the person entitled to such benefit.

In conclusion, we emphasize that a deep understanding of their legal status , the knowledge provided by the rights and freedoms of its responsibilities and allow a sense of responsibility to properly ensure the socio - comfortable living conditions , to achieve the correct integer determine the specific plan and successive steps in the future.

This conclusion is further confirmed by the actions of the Government of Ukraine , with which

April 1, 2013 in accordance with the Cabinet of Ministers of Ukraine from 22.09.10 № 889 ( as amended by the Decree of the Cabinet of Ministers of Ukraine from 13.03.13 № 161) " Questions of cash collateral of certain categories of members of the Armed Forces and the State Border Service , the Internal Troops of the Ministry of the Interior Affairs and individual officers of the bodies and departments of the State civil defense emergency services " [15] in stages by 20 % (from 01.04.13 with 01.09.13 , 01.01.14 with with 01.04.14 and 01.07 14) 100% increased allowance . At the same time the above increase in cash collateral military time will have no effect on the level of pension income persons discharged from military service. It is logical that all military retirees waited allocations of fixed pensions . Unfortunately, this did not happen .

According to Part 2 of Art . 9 of the Law of Ukraine "On social and legal protection of servicemen and their families " [5] of the cash collateral include: salary , salary for military rank ; monthly additional types of cash collateral (increasing salary , allowances , surcharges , fees , with a permanent character award) ; disposable additional types of cash collateral .

Part 3 tbsp. 63 Law of Ukraine " On pensions of persons discharged from military service, and some others" [4] provides that " the military intended to persons who are eligible to retire under this Act , and their family members are listed with increasing pension cash collateral respective categories of servicemen , persons entitled to a pension under this Act . "

Resolution of the Cabinet of Ministers of Ukraine dated 02.11.06 № 1522 " On transfer to the Pension Fund of Ukraine functions as intended and pensions for certain categories of citizens " approved the procedure for the transfer to the Pension Fund of Ukraine functions as intended and pension payments to certain categories of citizens ( including military retirees ) .

Paragraph 3 of this resolution has been defined up to 01.01.07 Ministry of Defence and other bodies engaged in a pension in accordance with the Law of Ukraine " On pensions of persons discharged from military service, and some others" [4] , provide an inventory of pension Affairs , Paymaster and other documents and send them to the Pension Fund of Ukraine.

In accordance with Section 12 of the Pension Fund of Ukraine , approved by Presidential Decree of 01.03.01 . Number 121 of the Pension Fund has adopted a resolution on 30.01.07 № 3-1 " On approval of the provision and processing of documents for use ( allocation ) pensions in accordance with the Law of Ukraine" On pensions of persons discharged from military service and certain other persons.

In accordance with paragraph 23 of this Procedure " on grounds arise for recalculation of pensions according to Art. 63 of the Act ( 2262-12 ) [4] Ministry and other authorities are required within five days after the adoption of appropriate regulatory - legal act on the basis of which changes at least one kind of cash collateral for the respective categories of persons , or in connection with the introduction of these new categories of servicemen monthly additional types of cash collateral ( allowances , bonuses , promotions ) and premiums in the amount established by law , to notify the body which appoints the pension . "

It should be noted that the implementation of certain social guarantees to persons discharged from military service rests with the social security authorities . So , to solve all of their problematic issues are in these institutions . Servicemen who are not eligible for retirement, receive social services in social welfare bodies - regional offices of the Ministry of Labour and Social Policy . Financing of certain social legislation guarantees at the expense of state and local budgets within the designated funds.

It should be borne in mind that the consultations possible legal assistance and information to military retirees are always ready to provide the relevant military authorities and military commanders .

The author invites the authors analyze the currently effective regulations that give reason to conclude that once again the relevant public authorities act inconsistently , continuing the policies that we have observed in matters of military pensions in previous years.

Implementation of Resolutions of the Cabinet of Ministers of Ukraine from 13.03.13 № 161 along with the long-awaited undoubted and stronger social protection of servicemen of the Armed Forces of Ukraine will lead to a phased reduction in the actual amount of pension persons discharged from military service compared to actually get monthly cash collateral .

Since military retirement in the presence of more than 30 years of service (including preferential terms) as of 01/01/13 is entitled to a pension equal to 80% of the cash collateral . This percentage will actually decrease gradually to 40% , namely :

- C 01.04.13 - up to 67 % ;

- C 01.09.13 - up to 57% ;

- C 01.01.14 - up to 50%;

- C 01.04.14 - up to 44% ;

- C 01.07.14 - up to 40%.

This situation will lead to a revision of the officers who have more than 30 years seniority rid intentions to retire until later (possibly up to the age limit ) and , as a consequence, significantly complicate the career officers toddlers .

Conclusion. The problem of improving the regulatory - legal framework pension servicemen acquired national importance and requires a cast to the requirements of this in connection with the introduction of the latest reforms in different spheres of life in the face of increasing market - economic relations. In the 21 years of independence adopted a significant number of laws and regulations to regulate pensions.

Thus, the process of reforming the defense sector , the need for real retirement security of servicemen in need of improvement and the adoption of legislative and other normative - legal acts which correspond to the real state of social relations and economic capabilities of the state , create real and effective legal mechanisms for the implementation of military pensions .
References

1. The Constitution of Ukraine adopted by the Verkhovna Rada of Ukraine to the fifth session of June 28, 1996 .

2 . International Covenant on Economic , Social and Cultural Rights / / Adopted by the UN General Assembly December 19, 1966 / / Human Rights , international treaties of Ukraine , the declaration documents . - K. , 1992 . - C . 25-31 .

3 . On pensions : the Law of Ukraine on November 5, 1991 / / VVR . - 1992 . - №

4 . On pensions of persons discharged from military service and certain other persons : the Law of Ukraine on April 9, 1992 № 2262 .

5 . On social and legal protection of servicemen and their families : the Law of Ukraine on December 20, 1991 / / VVR.1992 of number 15.

6. On the Status of War Veterans and Guarantees of their Social Security: Law of Ukraine on November 22, 1993 / / VVR . 1993 number 45 .

7. On the status of military service veterans , veterans of internal affairs and certain other persons and their social protection : the Law of Ukraine on March 24, 1998

8. On the status and social protection of citizens affected by the Chernobyl disaster : the Law of Ukraine dated December 28, 1992 / / VVR . 1991 number 16.

9. On Military Duty and Military Service : The Law of Ukraine on June 18, 1999

10 . On the Armed Forces of Ukraine: Ukrainian Law of 6 December 1991

11. On state guarantees of social protection of servicemen discharged from service in connection with the reform of the Ukrainian Armed Forces and their families : the Law of Ukraine on June 15, 2004 № 1763 - IV.

12. Charter internal service of the Armed Forces of Ukraine adopted the Law of Ukraine on March 24, 1999 № 548- hiv ;

13. On the Regulation on the citizens of Ukraine military service in the Armed Forces of Ukraine: Presidential Decree of 10 December 2008 № 1153

14. On procedure of calculation of years of service , purpose of pensions and financial assistance to servicemen : Cabinet of Ministers of Ukraine dated July 17, 1992 № 393.

15. Questions cash collateral of certain categories of members of the Armed Forces and the State Border Service , the Internal Troops of the Ministry of Internal Affairs and individual officers of the bodies and departments of the State civil defense emergency services : Resolution of the Cabinet of Ministers of Ukraine 22.09.10 № 889 ( as amended by the Decree of the Cabinet of Ministers of Ukraine from 13.03.13 № 161).

16. On transfer to the Pension Fund of Ukraine functions as intended and pensions for certain categories of citizens : The Cabinet of Ministers of Ukraine dated 02.11.06 № 1522 .
Прокопчук І.Т. Правове регулювання пенсійного забезпечення військовослужбовців

У статті проаналізовані чинні нормативно-правові акти, які забезпечують правове регулювання пенсійного забезпечення військовослужбовців (пенсія за вислугу років) в Україні, а також проблеми належного функціонування і виконання передбачених правових норм цих законодавчих актів. Пропонуються можливі шляхи щодо їх покращення.

Ключові слова: пенсія, вислуга років, пенсія за вислугу років, пенсійне забезпечення, нормативно-правові акти, Конституція України, Закон України.
^ Прокопчук И.Т. Правовое регулирование пенсионного обеспечения военнослужащих

В статье анализируются действующие нормативно-правовые акты, которые обеспечивают правовое регулирование пенсионного обеспечения военнослужащих (пенсия за выслугу лет) в Украине, а также проблемы надлежащего функционирования и выполнения всех предусмотренных правовых норм этих законодательных актов. Предлагаются возможные пути относительно их улучшения.

Ключевые слова: пенсия, выслуга лет, пенсия за выслугу лет, пенсионное обеспечение, нормативно-правовые акты, Конституция Украины, законы Украины.
Prokopčuka IT Legal regulation of pension schemes for military

The article analyzes the existing regulations that provide the legal regulation of the Pension for military personnel ( superannuation ) in Ukraine , as well as the proper functioning of the problems and fulfill all the legal regulations of this legislation . Suggests ways to improve them relatively .

Keywords : retirement , years of service , superannuation , pensions, regulations , the Constitution of Ukraine , laws of Ukraine .

Article received on 04.14.2013.




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