SOME ISSUES OF PENSION PROVISION FOR POLICE OFFICERS
Authors:   Donetsk Law Institute, MIA of Ukraine, Kryvyi Rih, Knyazkova Liubov , Ivanov Ivan ,   Main Department of the National Police in the Donetsk region, Mariupol
Published: December 2020

The article deals with the research of the issues of pension provision for police officers as a component of their social security. Since the category of police employees is new to Ukraine, its significance for labour law and, accordingly, the value of the police for the society, whose citizens they protect, has been characterized. An analysis of statutory acts regulating the pension provision for law enforcement bodies' employees has been carried out. The concept of a seniority pension for police officers has been defined as a monthly payment from the Pension Fund of Ukraine intended to compensate for lost pay and allowances and granted upon resignation for the purpose of maintaining living standards of citizens having the seniority of a specified duration in law enforcement bodies, the National Police, the Court Protection Service, the State Fire Protection Service, the State Service of Ukraine for Special Communications and Information Protection, bodies and divisions of the Civil Protection Service, the Tax Police or the State Penitentiary Service of Ukraine, whose occupational incapacity is presumed to set in before they reach the retirement age established by law for awarding an old-age pension. The author proposes the adoption of a new law on pensions precisely for police officers. For in contrast to the definition of Militia (the name the police were called in the Soviet Ukraine and during a number of the post-Soviet years) as an armed body of the executive branch, the Law of Ukraine "On the National Police" defines the police as a central body of the executive branch that serves the society by ensuring the protection of human rights and freedoms, combating crime, maintaining public security and order. According to the author, the legal regulation of the pension provision for servicemen and police employees by a single statutory act (law) does not correspond to the realities of today. Conclusions have been formulated on supplementing the Law of Ukraine "On the National Police" with the provision that restrictions of guarantees of social and legal security of the law enforcement bodies' employees shall not be allowed when adopting laws and bylaws, as well as when making decisions by law enforcement agencies of the state. Special attention has been paid to calculating the amount of police officers' seniority pension. The procedure for determining the amount of pension depending on the length of service has been analysed. The author believes that lowering the limit of the seniority pension for law enforcement bodies' employees, including police employees, initially from 90 down to 80 per cent and then from 80 down to 70 per cent of their pay and allowances is a violation of the Constitution of Ukraine. Constitutional rights and freedoms are guaranteed by the state and cannot be revoked when adopting new laws or amending existing ones. No narrowing of the content and scope of existing rights shall be allowed. The author proposes to work out a new Procedure for recalculating pensions granted to police officers. Outdated statutory acts governing the procedure for recalculating pensions granted to law enforcement bodies' employees contain controversial provisions, have conflicting points, do not comply with the Constitution of Ukraine and the realities of today, and are therefore subject to repeal.