Thesis proposed is focused on thorough systematic study of theoretical and practical features of adjudication of disputes in the field of social security, definition of notions, types of causes and conditions of its occurrence, principles and stages of development. This scientific work deals with the legal characteristic of the nature of administrative and judicial procedures for adjudication of disputes in the specified area. Consequently, other (alternative) ways of their adjudication have been examined.
Author provides implication, that social security’s dispute is mutual: objective and subject area of legal differences’ existence, appears between social security’s legal participants which connected with establishing, recognizing or abolition of payments, guarantees or benefits resolving in order of legal procedures. Mainly features of such disputes are: (a) legal differences’ existence between social security’s legal participants; (b) their arising in accordance to laws; (c) dispute’s participants are empowered statutory bodies and servants, from the one hand, and social benefits’ beneficiaries, from the other; (d) their resolving are able in order of legal processes by enacted statutory bodies decision-making; (e) stipulation of vary of processual ways for their examination and resolution.
Phenomenon of compromise characterized not solely as way of social security’s dispute settlement but also as form of existing itself.
Constitutional dilemma as form of public dispute within social security system consists in opposition between their protective, standardized, life-improved functions and organizing impact on workforce, i.e. restrictive role for employees in circumstances of low or instability of wages and salaries.
Mediatory intervention’s model in social security’s disputes therefore indicates that the mediation process relates solely to third-party intervention for the purposes of facilitating the negotiations between the disputants. Basic principles of aforesaid model are neutrality, confidentiality and processual equality.
Neutrality in respect to these circumstances means mediator’s disinterestedness in the dispute’s resolution results, his or her unbiased towards disputants. Confidentiality, therefore, stipulates to ethical principles maintenance and avoid from disclosure of personal data or other information have got to known for settlement participants as a result. At last, processual equality encourages empowering of similar access and legal facilities for each disputants in purposes of each argument would be able to find their opposite implication and none argument could be voluntary rejected.
Meanwhile, preventive tools avoid social security’s disputes arising divides on legal, organizing and economic. Legal tools refer to:
- Constitutional Amendments to Article # 116 by the Rule of: “Ukrainian Government provides policies to enforce of Social Security’s Acts, create Recommendations for social security’s disputes prevention and settlement ”; - promulgation rules or orders by empowered statutory bodies in social security field, which norms aimed to social security’s disputes prevention and settlement.
Organizing ones avoid social security’s disputes arising lead to following: - social security’s disputes forecasting aimed to narrative and explanation’s models create by empowered statutory bodies in social security field; - social security’s disputes prevention by Statutory Coordination Centre on Social Security enacting and its encourage to onwards: (а) analysis of causes and grounds for social security’s disputes arising (for instance, pension or other benefits charge); (b) create methodical recommendations for social security’s disputes prevention as effect; (c) maintain proposal contributions for Acts’ Amendments researched field regulate and has a purpose of social security’s disputes prevention (d) aforesaid Centre’s servants participation within social security’s claims and disputes settlement; (e) Social Security Bodies Consulting, performing their Audit for avoid social security’s disputes arising; Statutory Bodies’ activities (which appears as social security’s disputes competitors) optimization.
At last, economic ways of social security’s disputes prevention consist in Guarantee Pension Fund creation similarly to Guarantee of Individuals Deposits Fund, which legal framework have to pass the new Acts.
