Open AccessTransboundary nature of lifetime social security (pension) benefits
Author(s) -
Mykhailo Shumylo,
Yana Simutina
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.34
Subject(s) - legislation , social security , pension , social security act , social rights , social protection , political science , payment , law , economic growth , business , human rights , economics , finance
The article focuses on issues related to social (pension) payments to citizens of Ukraine who permanently reside abroad. It was stated that, despite significant progress in the development of social protection legislation, there are many cases when citizens of Ukraine who permanently live abroad or go abroad for permanent residence, are actually excluded from the exercise of certain social rights. Although the issue of the right of pensioners living abroad to receive a pension has already been decided by the Constitutional Court of Ukraine, the right to receive other lifelong social benefits, in particular those granted in connection with an accident at work and an occupational disease caused by disability. The current legislation of Ukraine in this area in the 30th year of independence still contains legal norms that were prescribed by the Soviet totalitarian legislation and continue to violate the social protection rights of citizens.Based on the analysis of generally accepted in the science of social protection law approaches to understanding the legal nature of lifelong social benefits, as well as the decisions of the CCU, ECHR and the Supreme Council formulated a new feature of lifelong social benefits. It is determined that lifelong social (pension) benefits are characterized by such a feature as transboundary, the essence of which is that a person who has acquired the right (special legal capacity) to lifelong social security (pension) benefits, can implement it regardless of whether she resides in Ukraine or abroad, as well as the presence or absence of bilateral interstate agreements in the field of social protection, and is an integral part of the doctrine of positive obligations of the state.It has been proven that the transboundary nature of lifelong social security (pension) benefits generally corresponds to the doctrine of positive obligations of the state and the dynamic interpretation of the ECHR of the Convention on Human Rights and Fundamental Freedoms. Restricting or suspending these payments directly violates the constitutional rights of citizens and is contrary to the case law of the ECHR.