A FEW REMARKS ON LEGAL ASPECTS REGARDING THE SO-CALLED “MATERNITY PENSION”

2020 ◽  
Vol 1 (XX) ◽  
pp. 75-90
Author(s):  
Magdalena Gurdek

Contrary to the popular belief, the supplementary parental benefit called the “maternity pension” introduced by the Law of 31 January 2019 is not a retirement benefit in the literal sense, financed from the Social Insurance Fund. What is more, it is not a guaranteed benefit for those who raised four or more children, but a discretionary provision benefit financed from the state budget. Unfortunately, at first, a significant part of the society was impressed by the very idea of granting a “benefit” to people who instead of work brought up a large group of children, and did not go into the details of this program, which, as it turned out later, are crucial. This study aims to provide a detailed analysis of the provisions of the Law on supplementary parental benefit, so as to show in detail its true structure. In addition, it will also present the effects of the maternal law and indicate other solutions that could be introduced so that the assumption of honouring the effort put into the education of numerous offspring is fully implemented for all on equal terms.

Author(s):  
Lyudmila A. Migranova ◽  
◽  
Valentin D. Roik ◽  

The article deals with the issues of functioning of the social insurance institution, the organizational-legal and financial forms of which are presented by the state extrabudgetary social funds - Pension Fund of Russia, Mandatory Social Insurance Fund and Mandatory Health Insurance Fund. It considers the main characteristics of social insurance: a) scope of covering the employed population by insurance protection; b) contribution rates as related to wages; c) level of protection of population incomes (pensions and benefits as related to wages and subsistence minimum); d) availability of quality medical assistance and rehabilitation services. There are analyzed the present social risks and problems of the RF insurance system. The main problem is that the amount of financial expenditures on all types of social insurance per beneficiary is about half that of most developed and developing countries. The primary cause is lacking motivation of both employees and employers to participate in the mandatory social insurance and to legalize their earnings. In the conclusion there are formulated a number of proposals for improvement of the institution of social insurance in Russia. It is proposed to expand the range of insurance cases concerning unemployment insurance and care for elderly people, to increase the total amount of compulsory contributions to extrabudgetary insurance funds from 30.2% up to 42.5% from three sources - employees, employers and the state.


2021 ◽  
Vol 5 ◽  
pp. 77-81
Author(s):  
V. V. Kulakov ◽  

The article discusses the controversial issues of compensation for physical harm caused to an employee. The article analyzes the possibility of satisfying the claim for compensation of such expenses, presented directly to the harmer, provided that the insurance coverage is obtained at the expense of the Social Insurance Fund. The conclusion is made about the possibility of such a claim. At the same time, the conditions for its satisfaction are determined, including the victim»s need for such expenses, taking into account the right to choose a doctor and a medical organization, in the absence of signs of abuse of the right.


2019 ◽  
Vol 72 (2) ◽  
pp. 279-283
Author(s):  
Anatolii T. Komziuk ◽  
Dmytro M. Velichko ◽  
Volodymyr S. Goshovskyі ◽  
Valentyna A. Goshovska ◽  
Olena V. Klymenko

Introduction: Surgeons that are working with HIV-infected patients in Ukraine are in a vulnerable state due to the lack of special regulation of this issue in labor, medical law and labor contract, as well as the spread of HIV among the population of the country. The aim of this article is to determine and uncover the content of the rights of surgeons while working with HIV-infected patients in Ukraine. Materials and Methods: The research materials of the rights of the surgeons that are working with HIV-infected patients consist of national legislation, official explanations of the Social Insurance Fund of Ukraine, statistics on HIV infection. The research methods that have been used are cross-sectoral, complex statistical, analysis and synthesis. In order to obtain the results of the research the norms of medical, labor and civil law have been analyzed. Review: The authors of the article have emphasized and described the rights of surgeons that are working with HIV-infected patients. Conclusions: It has been proved that the current system of surgeons’ rights needs to be improved. It has been offered: to establish, at the legislative level, the responsibility of the patient with HIV infection to warn a medical employee about his infection in case of surgery or other medical manipulation that leads to contact with blood or other biological materials; to revise and significantly increase the payment of obligatory insurance of surgeons, if they are infected by a patient with HIV infection.


2021 ◽  
pp. 398-401
Author(s):  
A.Yu. Gusev

The subject of this article was the issues related to the protection of the rights of citizens in the field of compulsory social insurance in the conditions of digitalization. It is shown that in order to ensure effective and safe conditions for the use of digital technologies, it is necessary to include universal basic approaches in the legal regulation. Specific examples of how the tasks of digitalization of social services in the field of social security are currently actively implemented by the social insurance Fund of the Russian Federation are given. English version of the article is available at URL: https://panor.ru/articles/digitalization-and-protection-of-citizens-rights-in-compulsory-social-insurance/71242.html


2020 ◽  
Vol 9 (512) ◽  
pp. 198-204
Author(s):  
D. P. Feklistova ◽  
◽  
D. M. Zagorska ◽  

Social insurance as a system of guaranteeing material support in case of occurrence of insured cases undergoes the process of reforming, the State uses a variety of methods of influence, including achievements of scientific-technological progress. Social security funds were created to provide citizens with a full range of services that provide a decent life. The article is aimed at analyzing the opportunities of social security funds to provide electronic services. The latest changes in the reform of the social insurance system of Ukraine are illuminated. The functions performed by these establishments are considered in order to understand their essence. The concept of «e-government» is described and it is defined that its application influences the improvement of effectiveness of the government policy. The analysis of services of the Pension fund of Ukraine, the Social insurance fund and the Social insurance fund in case of unemployment was carried out. The largest number of electronic services is now provided by the Pension fund of Ukraine, which successfully implements e-government. The Social security fund does not yet provide the opportunity to receive services remotely. The Social security fund in case of unemployment in the aspect of e-government focuses on the employment services of citizens. Recommendations for further development of the social insurance system using electronic services are provided.


2020 ◽  
Vol 4 (11) ◽  
pp. 73-78
Author(s):  
S. M. OSMANOVA ◽  
◽  
F. I. NINALALOVA ◽  

The article analyzes the features of income generation and the direction of using the social insurance Fund's funds in modern economic conditions, identifies the main sources of income formation of the FSS budget, as well as the impact of the coronavirus pandemic on the state of the Fund's budget.


2021 ◽  
pp. 17-21

Explanations of labor protection specialists on labor relations, as well as those related to the occurrence of occupational risks are presented. The specialists of the Fund tell how the expenses for the prevention of injuries and occupational diseases can be compensated for, what preventive measures can be spent on the funds of the Social Insurance Fund (hereinafter referred to as the FSS RF, the Fund).


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 487-496
Author(s):  
Ewelina Kumor-Jezierska

In this article the regulations of the act on parental supplementary benefit of January 30, 2019 are thoroughly analysed. Supplementary parental benefit is granted to a person who gave birth to and raised or only raised at least four children and did not acquire the right to a pension or a pension paid to this person by the pension authority is smaller than the lowest pension. One is entitled to the benefit mentioned herein only in the case of not having means of subsistence because of not pursuing or discontinuing employment as a result of raising minimum four children. Supplementary parental benefit is in no way related to making social security contributions, it is a benefit financed by the state budget, which in a supplementary or substitutional way is linked to old age. In the legal sense, it is not a pension, but a special non-contributory monetary benefit of discretionary nature, which is granted only on request of the person of interest based on the administrative decision of the president of the Polish Social Insurance Institution (ZUS) or the Agricultural Social Insurance Fund (KRUS).


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