LEGAL FORMS OF PROTECTION OF PRISONERS’ FINANCIAL SUBJECTIVE RIGHTS IN THE SPHERE OF STATE SOCIAL INSURANCE: LEGAL ANALYSIS
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 3
Abstract
The purpose of the article is to determine the legal forms of protection of subjective financial rights in the sphere of obligatory state social insurance of prisoners, and to develop proposals for improving such regulation, which should contribute to the theory of financial law - to development of its protective function, in practice - to improve the mechanism of legal protection of citizens' rights in financial social relations. The research methodology was a set of general scientific and special legal methods, and systemic and functional approaches. The results of the work were: the definition of judicial and extrajudicial forms of protection of subjective financial rights in the sphere of obligatory state social insurance of prisoners; systematization of types of disputes in the sphere under investigation; the identification of organizational and legal problems in the implementation of sentenced to deprivation of liberty the right to judicial protection of their rights in the form of legal relations; attention is focused on the existence of a long period of organizational and legal "blockade" of the realization of the right of citizens to protect their social rights in extrajudicial form; proposals are formulated to improve Ukrainian legislation aimed at expanding the boundaries of the legal status of insured prisoners in the sphere of obligatory state social insurance. A discussion develops in the process of substantiating the need to introduce an extrajudicial form of dispute settlement in the sphere of compulsory state social insurance with the possibility of applying forms of protection in such relations in the sphere of compulsory state pension insurance; it is proposed to equalize the legal status of insured prisoners in the sphere of compulsory state social insurance to the status of insured persons in the sphere of pension insurance.
Authors and Affiliations
Iryna Pyvovar, Yuriy Pyvovar
Keywords
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- EP ID EP570708
- DOI 10.25313/2520-2308-2018-3-3742
- Views 126
- Downloads 0
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