THE RIGHT TO SOCIAL SECURITY

Abstract

The relevance of the article lies in the fact that today Ukraine is facing important tests and challenges related to the armed conflict in the East of Ukraine, and after February 24, 2022, which will be etched in our hearts for a long time, a full-scale war on the territory of our state. All this increases the number of military personnel and, of course, their family members, and therefore, subsequently, those who are released from military service, who must have decent social protection. The article is devoted to the analysis of the right to have the superannuation pension for the servicemen dismissed because of reforming of AFU who had not reached the age determined by point 11 of article 1 of the 1763-IV Law of Ukraine (45 years) and had no calendar seniority determined by the current law. The article analyzes the normative-legal base regulating the issues of the pension retirement benefits of servicemen dismissed from military service in connection with the reform of the AFU and who are entitled to a superannuation pension. The author of the article also reveals the purpose of existence and special features of such type of pension as the superannuation pension. As a result the article points out the necessity to improve the planning of amendments to the current norms of law, to take into account the existing problems and precedent judicial practice, which solves the issues of the military personnel dismissed from the AFU because of its reforming, and who are entitled to a superannuation pension according to the law that was in effect at the time of dismissal.