Shumylo M. Legal relations in the sphere of pension provision in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000690

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

04-07-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is devoted to comprehensive and complex research of actual theoretical and practical problems of legal relations in the pension provision system of Ukraine. Deep analysis of theoretical principles and development of the doctrine of legal relations is made. The thesis shows genesis of formation, development and current state of pension provision in general and legal relations in pension provision in particular. The main factors that contributed to emergence of social security are defined. The features of the concept of legal relations in the pension provision system have been found and analysed. For the first time the study of pension legal relations and legal relations in pension provision in the light of the system theory has been realized. The concept of the complex of legal relations in pension provision as opposed to the concept of complex pension legal relations is developed and substantiated in the thesis. The component of the developed concept is logically constructed algorithm of realization by an individual of the right to pension, which covers the following range of legal relations: pension and insurance, procedural and organizational, pension provision al, in case of the right to pension violation - procedural-protective and executive (post-procedural) legal relations. The issue of pension legislation application is highlighted. The attention is focused on the analysis of decisions of the Constitutional Court of Ukraine and their implementation as one of the forms of determining the state policy in the social sphere. The resolutions by the European Court of Human Rights concerning Ukraine and other countries are studied, the mechanisms of their implementation into national law are offered. The key issues of resolving pension disputes within the administrative justice are analysed.

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