Prudov Y. PRUDOV Yuriy Oleksandrovych

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U001312

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

13-03-2007

Specialized Academic Board

Д 26.867.01

Essay

Annotation. PRUDOV Yuriy Oleksandrovych. Financial and Legal Fundamentals of the Social Guaranties for Enlisted Personnel in Ukraine. - Manuscript. The thesis for a candidate's degree in law, specialty 12.00.07 - Administrative Law and Procedure; Financial Law; Information Law. - Legislation Institute of the Verkhovna Rada of Ukraine. The thesis argues that social guaranties for the enlisted personnel should be considered as the State financial obligation supported by the necessary financial resources and correspondingly regulated by the financial rules. The level of financial ensuring of the social guarantees can be reviewed as a criterion of the financial legislation advancement. The thesis ascertains that at the moment both insufficient theoretical substantiation and inadequate law-making support for social constituent of the jural State are the least developed component of the market reforms in Ukraine. It is primarily reflected in the imperfection of the budgetary (financial and legal) ensuring, including insufficiency of the financial and legal mechanisms of the legality compliance, first of all, concerning the social guarantees in the military sphere. The thesis also grounds the recommendation that the contradiction between the legislatively defined social orientation and the actual situation as regards to the observance of the prescribed social guarantees of the enlisted personnel could only be eliminated if the legislator while forming the budgetary estimate and the corresponding financial expenses for each consequent year takes an obligation to ensure the clearly defined level of certain social groups' welfare as a compensation of the specificity of their professional occupation. The available financial resources and the state property should legislatively guarantee the said obligations in the same way as all other financial liabilities, which should be effected under the special prerogatives. The thesis summarizes the corresponding international experience in the field of the financial and legalensuring of the social needs in the military sphere. Key words: financial law; financial and legal standards; social guarantees for enlisted personnel; social guarantees; social security; social standards; financial obligations.

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