Some issues of legal regulation of military pensions recalculating

Abstract

Problem setting. The objective of this research is to resolve some legal regulation problems of pensions provision to persons entitled to them under the Act of Ukraine «On Pension Provision of Military Men, Persons of Senior Staff and the Ranks of Bodies of Domestic Affairs and Some Other Persons» of April 9, 1992. The need for research relates to ambiguous interpretation by the courts of all levels some of its provisions, which leads to a violation of constitutional rights of citizens. In particular, the object of the research is the need to define the concept of «additional kinds of financial provision», which are the grounds for recalculation of pensions. Analysis of recent researches and publications. Legal regulation of pensions provision to persons who were on the military service and some other persons have always been the subject of thorough attention from scientists of our country, in particular, the pension for years of service in different years studied: S. M. Prilipko, I. M. Sirota, B. I. Stashkiv, S. O. Silchenko, L. P. Shumna, O. M. Yaroshenko and other scientists. Target of research. Despite the fact that the issue of pension provision to military men and some other persons who are entitled to a pension for years of service at the level of Legal Act in Ukraine was decided more than twenty years ago, there is presently ambiguity in the interpretation of some of its provisions. The purpose of this study is to develop a common approach to the interpretation of the Act of Ukraine «On Pension Provision of Military Men, Persons of Senior Staff and the Ranks of Bodies of Domestic Affairs and Some Other Persons», in particular, the meaning of the concept «additional kinds of financial provision», which are the grounds for recalculation of pensions. Article’s main body. In this study, the author analysis the current law and judicial practice on the appointment and recalculation of military pensions, and others, provided by the Act of Ukraine «On Pension Provision of Military Men, Persons of Senior Staff and the Ranks of Bodies of Domestic Affairs and Some Other Persons». Conclusions and prospects for the development. The article conclusions on the concept of «additional kinds of financial provision», content of other kinds of financial provision, which entitle a pensioner to recalculate a pension and is the ground for such recalculation. In particular, specified that the list of referred to in the legislation possible new monthly additional kinds of financial provision – allowances, bonuses, promotion, is not exhaustive. Legislator gives only examples of these kinds of additional monthly allowance in the terms of the Act, without limiting the rights of appliers of such right on expended interpretation of the term. An important conclusion is that the list of additional monthly financial provisions, except allowances, bonuses, promotions, may include any other additional kinds of financial provision if they are systematic (monthly) and have the monetary form.