Babych I. Administrative and legal mechanism for assigning and recalculating pensions to servicemen and police officers in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100060

Applicant for

Specialization

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

07-04-2023

Specialized Academic Board

Д 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation is one of the first works in Ukraine, which comprehensively explores the administrative and legal mechanism for assigning and recalculating pensions to servicemen and police officers in Ukraine. The paper formulates and substantiates a number of proposals and recommendations aimed at improving the effectiveness of the assignment and recalculation of pensions for servicemen and police officers in Ukraine. The characteristics of the pension provision of persons released from military service and police service (internal affairs bodies) as an object of administrative and legal regulation are given. The historiography of the administrative and legal regulation of the appointment and recalculation of pensions of former military personnel and police officers is outlined. The role and place of judicial practice and international experience regarding the appointment and recalculation of pensions of former military personnel and policemen have been established. The state of regulatory regulation of the transfer of pensions to military personnel and the influence of judicial practice on it are characterized. The administrative and legal regulation of certain processes of judicial protection of the rights of former police officers to pension money in the amount of a police pension has been studied. The experience of protecting the right to pension of servicemen who are dismissed from the Armed Forces in connection with their reform has been studied. Certain problematic aspects of the recalculation of pensions of former military personnel and police officers and the role of courts in their resolution are identified. The practice of ensuring consideration of disputes regarding the appointment and transfer of pensions to military personnel and police officers is characterized. Certain aspects of the improvement of the administrative and legal regulation of the transfer of pensions of military servicemen and police officers in Ukraine have been revealed. It is indicated that one of the aspects of the improvement of the administrative and legal regulation of the recalculation of the pension provision of military servicemen and police officers in Ukraine is a number of doctrinal and important provisions related, in particular, to the adoption of the Pension Code of Ukraine - a codified legal act that would regulate and clarify all existing legislative gaps.

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