scholarly journals Peculiarities of normative-legal regulation of pension provision in connection with the loss of a breadwinner in Ukraine

2020 ◽  
pp. 71-76
Author(s):  
Ye.V. Mykhailovska ◽  
M.I. Gorbachovа ◽  
G.Yu. Mykhnovsky

The article is devoted to the general study of the peculiarities of normative and legal regulation of pension provision in connection with the loss of the breadwinner in Ukraine and the determination of directions for improving the mechanism of pension provision of disabled persons in connection with the loss of the breadwinner on the basis of the analysis of the current legislation of Ukraine. The concept, content, conditions, size and essence of the pension in connection with the loss of the breadwinner, since state pension provision is one of the fundamental measures to ensure the rights and freedoms of a person and a citizen in Ukraine, is revealed. Statistical analysis of the number of persons receiving a pension in connection with the loss of breadwinner during 2018-2020 was conducted. A number of problematic issues related to the introduction of the electronic system - "Portal of electronic services of the Pension Fund of Ukraine", among them: ignorance of the elderly in modern technologies; «human factor» is connected with the inattention of employees of the Pension Fund of Ukraine on the transfer of information to electronic registers; the lack of modern serviceable technological resources in the departments of the Pension Fund of Ukraine; the risk of theft or distribution of personal data by third parties, hackers or other persons. It was established that the improvement of the mechanism of pension provision of disabled persons in connection with the loss of breadwinner on the basis of the analysis of the current legislation of Ukraine will create prospects for improving the pension provision of citizens in order to realize the constitutional rights of citizens to social protection, including the right to pension provision in case of loss of breadwinner. The directions of improvement of the pension provision mechanism in case of loss of breadwinner are proposed, such as: raising the size of the pension with the calculation of prices for the consumer basket; promoting public awareness in the functioning of the electronic system of the Pension Fund of Ukraine; technological updating of equipment and equipment to avoid problems in the process of providing services for the population; development and installation of special programs for the protection of personal information of citizens in the electronic system of the Pension Fund of Ukraine and others.

Author(s):  
Dariusz Prokopowicz

In recent years, The number of companies that have been collecting personal information for marketing purposes has grown. Then, they have been reselling it to other companies, banks, institutions. In this way, enterprises, financial and public institutions create huge collections of nonpublic data that are valuable information for taking marketing enterpises. By targetting appropriately profiled product and service offer at a selected group of receivers; trading partners and potential clients, a greater effectiveness used in the marketing strategy is achieved suitably Thereupon, multifaceted and informational personal data base, which are built in institutions, enterpises and social networking sites, become a valuable source of informaton used for the marketing purposes. The development of information processing and dissemination techniques through the Internet is determined by the many conveniences for beneficiaries, customers and users of services offered by the Internet. On the other hand, the development of information technologies on the Internet carries the risk of loss or theft of information by an unauthorized entities. The process of facilitating information online generates a number of threats related to identity theft, capturing nonpublic data by hackers, and accomplishing conversion of funds in the electronic system banking. In response to these threats, specific entities expand security systems for remote facilitating of information and making transactions via the Internet.


Author(s):  
Natalya Tataryn ◽  
Kateryna Zakorko ◽  
Sofia Kozar

The article considers topical issues of determining the current state of development of the private pension system in Ukraine, and defines the concept of "private pension fund". In economic essence, the system of non-state pension fund is defined as an integral part of the system of accumulative pension provision, based on voluntary participation of individuals and legal entities in the formation of pension savings in order to receive additional pension contributions. Problems that hinder the development of private pension funds, namely the shadowing of wages and labor relations, lack of public awareness, lack of legislation are identified. The functioning of private pension funds in the country depends not only on reforming the existing pension system, but also on the growth of incomes, their de-shadowing and development of the financial market in general. The current pension system is not able to provide the population with the necessary pension assets. This problem can be solved by intensifying the activities of private pension funds. Emphasis is placed on the need and importance of a voluntary private pension system and its role in ensuring the development of the state economy. As world experience shows, in a market economy, the development of private pension funds is one of the important components to ensure effective functioning of the state. Private pension funds are powerful investment investors because they can mobilize additional investment resources. The main purpose of investing pension assets is to preserve the savings of the population. The main indicators of activity of non-state pension funds are analyzed, namely: pension contributions, pension payments, the number of concluded pension contracts, the amount of investment income, etc. Further trends in the development of private pension provision in Ukraine are noted, substantiated the necessary measures to intensify activities in modern economic conditions, proposed recommendations for solving existing problems of institutions. However, in implementing the proposed measures should be remembered participation of both individuals and legal entities.


Author(s):  
Mykola O. Yankovyi ◽  
Hanna V. Foros ◽  
Hanna V. Zaiets ◽  
Olena I. Pluzhnik

The purpose of the work was to identify the main legal parameters of modern information. As material sources of research at work, not only the Ukrainian regulations in the field of medical relations information are used, but also relevant innovations in the legal regulation of medical information relations, which are produced in the countries of the European Union. It is established that in the normative legal acts of Ukraine, unlike in European legislation, there is no division of information about an individual into general data and vulnerable personal data. The laws of Ukraine do not contain the notion of "public figure", whose limits of criticism, according to the European Court of Human Rights, are broader for an ordinary person. Among the main conclusions, it stands out that, in order to guarantee the freedoms and rights of citizens, it is necessary in the regulations to classify groups, lists of personal data and access to them based on the secret classification to avoid ambiguities. The materials in the article have practical value for graduates of higher education institutions of police and medical specialties, among others.


Author(s):  
Marina A. Shurgaya

Execution of documentation is an essential component of the vocational work of experts engaged in the provision of medical and social assistance to the disabled, from the clinical diagnostic to rehabilitation. In the article there is presented the questionnaire of the assessment of health and social status of the elderly disabled person, which allows to reflect the existence of violations of the functions and limitations of life activity, the degree of their severity, needs in certain types of rehabilitation, including with the use of technical means of compensation of disturbedfunctions. This type of documentation allows to reduce (speed up) the time on the execution and to increase the level of the vocational competence of the professionals engaged in medical and social activities as well in health institutions as social protection institutions. With properfilling ofpreprinted forms (layout, template) it will be received medical and social portrait ofa disabled elderly person. Questionnaire can also be used in execution ofscientific research.


2020 ◽  
pp. 249-256
Author(s):  
Iryna MYKHAILOVA

The article analyzes the legal regulation of financing the solidarity system of compulsory state pension insurance. It is established that the main financial burden in the pension system of Ukraine lies at the solidarity level of pension provision. It has been found that the solidarity pension system is unable to properly perform the priorities assigned to it, and is solvent only through financial support from the state, which negatively affects other social spheres: health, culture, education, science, etc. The author analyzes the incomes of the Pension Fund of Ukraine, which are divided into its own funds and the additional funds. Own source revenues are funds received from enterprises, institutions and individuals, as mandatory and voluntary contributions, as well as income from investments and income from financial sanctions for violations of current pension legislation. And additional funds are transferred to the Pension Fund of Ukraine from the State Budget of Ukraine, as well as from state trust funds. It has been established that in connection with the spread of COVID-19 on the territory of Ukraine, the state has provided measures to exempt certain categories of payers of the single social contribution from its payment. It is substantiated that the legally defined sources of budget formation and mechanisms of their accumulation do not contribute to a rapid increase in revenues to the Pension Fund of Ukraine and improve the level of pensions, so it is urgent to unload the solidarity level of mandatory state pension insurance and introduce accumulative level. It has been proved that the reform of the pension system of Ukraine should be aimed at minimizing the degree of dependence of the pension system of Ukraine on the solidarity level of pensions, because in modern conditions the joint responsibility of generations, which was relevant and effective in Soviet times, cannot effectively solve the problem of pensions, taking into account the development of unfavourable trends in demographic processes, rising unemployment, low wages, the formation of shadow payroll funds to distrust people’s pension system in Ukraine as such, as well as legal illiteracy in this area.


Author(s):  
Do Lin'

The author explores the key legislative innovations in the sphere of legal regulation of relations involving use of Internet. The subject of this research is the legal relations with the use of modern communication relations, as well as their legal regulation. Special attention is given to the protection of copyright and personal information of Internet users. The article examines the recent legislative acts aimed at protection of personal data and copyright involving use of the modern communication technologies. The author examines statistical data pertaining to the use of personal information and content falling within the copyright in the Internet. A conclusion is made that in the Russian legal field personal data are fully controlled by the government, but the “large user data” do not appear therein, and in essence, displayed in a “grey zone”. Latest changes in legislation indicate desire of the government for “digital registration” of the largest possible number of citizens, as well as de-anonymization of the Internet users. The novelty of this research consists in analysis of the most recent normative acts in the area of legal regulation of copyright, preservation and usage of personal data involving the modern information and communication technologies. The author criticizes the existing legislation in the area of legal regulation of information exchange in the Internet with regards to violation of citizens’ right to privacy.


2021 ◽  
pp. 159-166
Author(s):  
N. UKHANOVA

The article deals with the study of the essence and features of the information culture of an individual and clarification of its role in the field of legal regulation of public relations in the state. The methodology of research of the phenomenon of personal information culture is based on provisions of the general scientific dialectical method of scientific knowledge. Besides, formal legal and formal logical methods were applied for full and thorough coverage of the topic of this article. It is substantiated that the development of such a culture in the modern period is mainly influenced by internal factors (including observance of the principle of legality, the rule of law, and protection of human rights), and external threats to human and civil security within the state. It is proved that information culture in the narrow sense can be interpreted as the best ways to exchange data, information and present them to interested ©  Уханова Н.С., 2021 consumers to solve theoretical and practical problems, as well as mechanisms to improve the learning system, prepare people for effective use of information. The main elements of information culture include the following: a) communicative (communication culture); b) lexical (culture of preparing and issuing business documentation, language culture); c) intellectual (culture of research and mental activity); d) information and legal; worldview and moral. All these elements of the personal information culture are interconnected and interdependent. It is concluded that the topic of personal data protection, which has reached a new level, has become especially relevant at the present stage of development of the information society. It is argued that a promising mechanism for personal data protection in the information sphere will be the use of Blockchain technologies, which will ensure reliable synchronization and security of data, prevent them from changing as a result of external interference. It is proposed to interpret the information culture of an individual as a reflection of a set of material and intellectual values of man, which allow to effectively apply various methods of working with information, including being a participant in information relations. A promising study in the field of information culture of an individual will be the development of the structure of this category and its relationship with other legal categories of information law. A particularly important issue that will require legal regulation will be the field and technology of using artificial intelligence as a phenomenon that will not only help to make a quantum leap in medicine, science, education, but also carries great security risks.


2010 ◽  
pp. 229-238 ◽  
Author(s):  
Janko Drca

Europe, in which the process of demographic aging is the most expressive one (from 25 countries with the oldest population in the world, 24 are from Europe), recognized and defined the numerous documents of its policy and attitude towards the problems of aging population, position and rights of older persons, and therefore the social protection of these persons. It is particularly noted that in the year 2030 the number of 80 - year-old people will be doubled, and that, among other things, inevitably carries an increased demand for care (general and medical) and further development of various forms of social and health care of these people. Therefore, the EU countries are planning significant increases in participation costs for social protection in the country's GDP and development of all existing and establishing new forms of social protection of older persons. Their goal is clear: to enable the elderly to remain active members of society, to live a dignified life and to play an active role in public, social and cultural life, to freely choose their style of life and to live independent lives in their family environment, to guarantee life for elderly people in the institutions of social protection were they would have adequate support and respect and possibility to participate in decisions concerning living conditions in the institution. That is why it insists on raising public awareness and improving the scientific understanding of the need to respect the high level of civil and social rights and freedoms of older persons, especially the development of various non-institutional forms of social care, inclusive social development and inclusion of elderly, providing a high quality of life at old age, developing inter-generational solidarity, development of prevention measures and actions to mitigate adverse environmental impacts, the multidisciplinary approach, financial sustainability, and decentralization of the system. .


2019 ◽  
pp. 121-138 ◽  
Author(s):  
Iryna PRYIMAK ◽  
Bohdana VYSHYVANA

Introduction. The Ukrainian system of social protection, which is mainly financed by the budget funds and funds of state social insurance funds, is currently unable to provide a decent level of pensions. Involving non-state financial institutions in solving this problem allows to increase the efficiency and flexibility of the system of social protection of the population in old age. Purpose. The purpose of the article is to analyze the situation, outline the problems of development and develop practical recommendations for improving the non-state pension provision as an instrument of social protection for people of retirement age. Results. The essence and structure of the system of the population social protection is uncovered, which unites state and non-state constituents. The dynamics of budget expenditures on social protection and expenditures of the Pension Fund of Ukraine are analyzed. The increasing deficit of the Pension Fund has been revealed, which indicates a profound financial crisis in the pension system. There has been made an evaluation of the development of nonstate pension provision as a mechanism for the formation of additional financial resources for the payment of pensions. It has been established that non-state pension funds (NPFs) are the main financial institutions that provide accumulation of pension assets. The analysis of NPF activity in Ukraine shows a reduction in their number, exceeding the number of NPF participants over the number of contracts concluded, a small amount of contributions from individuals, an increase in retirement benefits, a slight increase in the value of retirement assets, as well as imbalances in the volume of assets by types of NPFs. There has been highlighted the role of life insurance companies in non-state pension provision, which consists in entering into life insurance pension insurance contracts with an NPF participant, calculation and payment of an additional pension. The directions of activity of banking institutions in the system of non-state pension provision regarding the establishment of an NPF, the role of the custodian bank of NPF, maintenance of insurance companies engaged in pension insurance, and the attraction of pension funds through the opening of pension deposit accounts are disclosed. Conclusions. The proposals on the necessity of developing well-balanced rational and effective of socio-economic, normative-legal, organizational management decisions for the preparation and implementation of an effective strategy for the development of non-state pension provision, are substantiated.


Author(s):  
Anna V. Aleksandrova

We consider the political and legal doctrines of the Middle Ages, containing the principles and ideas that served as the basis for the pension legislation of European countries and Russia, passed in the following centuries. We reveal the special role of religious doctrines in the development of key approaches to social protection of the elderly and other disabled persons. We substantiate the conclusion that the development of a specific model for the protection of personal data depended on the peculiarities of understanding charity in Orthodoxy, Catholicism or Protestantism. We examine the views of Saint Augustine and Thomas Aquinas on the social function of the state and its role in ensuring the basic needs of the individual. We analyze the doc-trines of the utopian socialists of the 16th–17th centuries (T. Mora, T. Cam-panella, J. Winstanley, E.-G. Morelli), consider their main ideas regarding the provision of the elderly and other disabled persons. We substantiate the ur-gency of referring to the works of medieval philosophers at the present time in connection with the need to search for a new paradigm for the develop-ment of pension legislation. We conclude that the role of the principle of uni-versal equal distribution of the social product is growing in the context of economic constraints and a pandemic.


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