Shvec V. Legal Regulation of Pension Provision for Judges in Ukraine.

The dissertation is a comprehensive study of current theoretical and practical problems in legal regulation of pension provision for civil servants. The thesis explores development of legal regulation of pension provision for judges. International legal acts are analyzed in the field as well as a number of bilateral inter-state agreements determining social legal provisions between Ukraine and other countries. Great attention is given to theoretical issues of pension provision. The notion of "judge's social protection" and "pension" has been formulated; its classification has been proposed; the notion of "judge's special pension legal capacity" and "pension relationship" has been determined; judge's legal standing has been considered, place and meaning of the special seniority in judge's pension relationships has been considered. Considerable attention has been given to the legal analysis of resignation and its consequences, characteristics of resignation as the key legal fact for appointing pension in resignation. Place and effect of a crime for origination, alteration and termination of judge's pension relationship were studied. Proposals have been made for improving terminology in judges' pension relationships. Special attention is given to analysis of legal facts as the basis for origination, alteration and termination of judge's pension relationship in Ukraine. It has been proved that each type of pension relationship has its own legal composition with key legal facts which activate pension relationship. Special attention has been given to defaults of the existing legal regulation of judges' pension provision in Ukraine. Legal mechanisms and for judges' remuneration as prerequisites of the social pension have been studied. Based on these studies the author found a lot of gaps in the current legislation regulating the judges' pension provision. On the basis of the study, specific proposals were formulated as for improving the current legislation "On the State Service", and "On the Judicature and Judges' Status", which regulate discrepancies and improve regulation of judges' pension provision.