АДМІНІСТРАТИВНІ СУДИ ЯК ПРАВОЗАХИСНИЙ ІНСТРУМЕНТ У СФЕРІ СОЦІАЛЬНОГО ЗАХИСТУ В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The article is devoted to revealing some problems of low efficiency of mechanisms of realization by citizens of their right to social protection and search of ways to strengthen the human rights nature of consideration by administrative courts of disputes concerning the realization of public policy in the sphere of social security in Ukraine in conditions of dynamic development of social legislation and the legal regime of martial law. It was established that the imperfection of social legislation is a constant challenge to the adoption of legal decisions by administrative courts and prevents the guaranteeing of social rights in our country. The problem in the sphere of legal regulation of social protection of Ukrainian refugee pensioners under martial law was revealed, in particular, about not ensuring by our state their right to a pension in case they decide to stay permanently in another country, which does not have a bilateral agreement concluded with Ukraine on social protection, in particular, on pension provision. To solve this problem, it is necessary to amend the first part of the second paragraph of the forty-ninth article of the Law of Ukraine, "On Compulsory State Pension Insurance of Ukraine". This will guarantee the right to a Ukrainian pension if a pensioner leaves for permanent residence outside of Ukraine. In order to strengthen the human rights nature of consideration by administrative courts of disputes regarding the implementation of public policy in the field of social protection in Ukraine under the legal regime of martial law, there is a need when resolve primarily social disputes on the appointment of pensions and other social payments in administrative proceedings, to extend the practice of application: 1) the principles of international law, such as "Namibian exceptions", Yogyakarta principles; 2) provisions of the European Social Charter as the primary treaty of the Council of Europe in the field of protection of human social rights and decisions of the European Committee of Social Rights.