DIRECTIONS OF IMPROVING THE LEGAL REGULATION OF THE PENSION SYSTEM DURING THE EUROPEAN INTEGRATION

Abstract

The article considers directions for improving social safety legal relations in the field of pension insurance. The implementation of the requirements assumed by Ukraine in accordance with the Association Agreement with the European Union is highlighted, in particular, regarding the organization of the pension system, the International Labor Organization Convention No. 102 on minimum standards of social security, which is consistent with the Law of Ukraine “On Mandatory State Pension Insurance”, was ratified. The government measures aimed at overcoming the poverty of the state are outlined, taking into account the effect of the European Code of Social Security. The relevance of the application of the judicial practice of the European Court of Human Rights, which acts on the basis of the Convention on the Protection of Human Rights and Fundamental Freedoms, is emphasized. The legal grounds for the application of the decisions of the European Court of Human Rights in the human rights protection system of the implementation of human rights in Ukraine are highlighted as an important factor in the European integration course of our country. At the highest and single level of constitutional jurisdiction, the priority of studying court cases that have become the subject of consideration by the European Court of Human Rights has been recognized. Among the sources of international precedent law that can be used to improve the pension system of Ukraine, the cases “Airey v. Ireland”, “Petrychenko v. Ukraine”, “Pronina v. Ukraine” and some others are highlighted. It is noted that one of the systematic violations of human rights in Ukraine, particularly in the field of pension provision, is the legal groundlessness of the decisions of national courts, which inadmissibly reject the arguments of the plaintiffs, without taking them into account at all. It was established that the foundations of the legal regulation of the pension system of Ukraine, which would stimulate the competent state authorities to successfully apply the mechanisms of social policy implementation in our country, have not been fully regulated at the constitutional level. It is noted that the higher judicial bodies of administrative jurisdiction are partial to the implementation of the practice of the European Court of Human Rights, in the process of which important methodological work is provided, which helps to properly administer justice in administrative proceedings, on the subject of consideration of pension disputes.