ЩОДО ПРОБЛЕМИ ЗМЕНШЕННЯ ДИСПРОПОРЦІЇ У РОЗМІРАХ ПЕНСІЙ ВІЙСЬКОВОСЛУЖБОВЦІВ ТА ПРИРІВНЯНИХ ДО НИХ ОСІБ
Authors: Stetskiv Marian ,   Львівський національний університет імені Івана Франка
Published: July 2024

The author examines the problematic issues of exercising the right to pension provision by persons discharged from military service and persons equated to them in the context of guaranteeing the principle of equality and preventing discrimination. The author critically analyses the Resolution of the Cabinet of Ministers of Ukraine No. 713 "On Additional Social Protection of Certain Categories of Persons" with regard to the grounds that affect the calculation of pension amounts and cause disproportions in these amounts. The author concludes that the application of the provisions of this Resolution leads to a violation of the principle of equality in the field of pension provision relations arising under the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service". The discriminatory factors are: 1) the date of the "starting point" around which the mechanism of additional payments to the amount of pension granted in accordance with the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons" was formed – 1 March 2018; 2) a fixed monetary amount of additional payments to pensions (level) was determined, which is taken into account when increasing pensions; 3) it is provided that this amount serves as a benchmark for determining the person's right to additional payments. The author finds that Resolution of the Cabinet of Ministers of Ukraine No. 103 "On Recalculation of Pensions for Persons Discharged from Military Service and Certain Other Categories of Persons" also contains provisions that contribute to unjustified disproportionality in the amount of pensions for length of service: by subject matter, time of granting pensions and time of dismissal. It is noted that among the main problems of the modern system of pension provision for persons discharged from military service are chaotic and disorderly legislative provisions, lack of unity and clarity of their application. Abuse of power by employees of the Pension Fund of Ukraine and the resulting failure of persons discharged from military service to receive significant amounts of pension payments is a violation of the right to protection of property rights within the meaning of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. In order to ensure uniform application of pension legislation, the author proposes to limit the discretionary powers of the Pension Fund of Ukraine to arbitrarily interpret legislative provisions. The author emphasizes that the most effective way to solve these problems is to exclusively regulate the relations on granting/determining the amount/surcharges/recalculation of pensions under the Law of Ukraine "On Pensions for Persons Discharged from Military Service and Certain Other Persons" directly in the Law. This would ensure the implementation of the provisions of paragraphs 1, 6 of Article 92 of the Constitution of Ukraine. Keywords: persons discharged from military service, financial support, pension recalculation, pension provision, principle of equality.