Ivanova N. Insured case as a ground for jural relationships oncompulsory state social insurance.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101998

Applicant for

Specialization

  • 081 - Право. Право

30-06-2021

Specialized Academic Board

ДФ 64.086.025

Yaroslav Mudryi National law university

Essay

Insurance cases are considered in the thesis as a complicated legal fact-case. The author proved that in most cases, each type of social security insurance is related to a complicated legal structure with elements, on the one hand, defined by the law on compulsory social insurance, on the other, may vary depending on specific terms. Thus the main legal fact in the complicated case is to be a legal fact – an insurance case. In the thesis, insurance cases in legal relations on compulsory state social insurance of Ukraine are classified by the following grounds: 1) by time of their existence, 2) case nature; 3) depending on the type of insurance risk. Also, insurance events as legal facts – cases can be law-making, legislative and rights-terminating legal facts. Besides, a subject-specific classification of insurance cases should be at forefront of the classification of insurance cases of legal relations on compulsory state social insurance of Ukraine. Insurance cases in legal relations on compulsory state social insurance of Ukraine can be subject-specific classified. The author states that unemployment insurance cases should be considered in the factual and legal sense, particularly a fact of employment loss by reasons other than caused by insured persons’ fault should be considered as an actual unemployment insurance case. In this insured case, the person is not granted the rights and liabilities in compulsory state unemployment social insurance. Whereas, in the legal sense, an unemployment insurance case arises precisely from the moment a person is registered as unemployed, because then he acquires all the rights and liabilities in compulsory state unemployment social insurance.

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