社会保障权

Право Соціального Забезпечення, Юридична Наука
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引用次数: 28

摘要

这篇文章的相关性在于,今天的乌克兰正面临着与乌克兰东部武装冲突有关的重要考验和挑战,以及2022年2月24日之后在我国领土上爆发的全面战争,这将长期铭刻在我们的心中。所有这些都增加了军事人员的人数,当然也增加了他们的家庭成员的人数,因此,随后也增加了那些从兵役中获释的人的人数,他们必须得到体面的社会保护。这篇文章专门分析了由于AFU改革而被解雇的军人获得退休金的权利,这些军人尚未达到乌克兰1763-IV号法律第1条第11点所规定的年龄(45岁),并且没有现行法律所确定的日历年资。本文结合兵种改革,分析了我国退役军人养老金退休待遇问题的规范法律依据。本文还揭示了养老保险存在的目的和养老保险的特点。因此,文章指出有必要完善现行法律规范的修订规划,考虑存在的问题和判例司法实践,从而解决因AFU改革而被解雇的军事人员,以及根据被解雇时有效的法律有权领取退休金的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE RIGHT TO SOCIAL SECURITY
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.
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