NOVELTIES REGARDING CODIFICATION OF PENSION LAWS: THE MEANING, PROBLEMS AND PROSPECTIVES

Abstract

The article deals with research of issues of
codification of pension laws. Current publication
author stipulates on necessity of codification of
pension laws, provides arguments supporting such
codification as following stage of pension laws
reform. The author pays attention to analysis of a
draft Pension Code, particularly its possible
influence on system of sources of pension laws, in
case of its adoption. In conclusion, adoption of new
Pension Code will enhance improvement of system of
pension law sources, and the main tendencies of such
improvement are defined.
The author follows discussion supported by
many scholars regarding codification of laws in the
field of social law. There are several options of
codification depending on the branch of social law to
be covered under new code. Some scholars hold idea
of elaboration and adopting new Social Code of
Ukraine, others support adopting of the Code of
Social Insurance and Maintenance of Citizens, some
vote in favour of the Code of Social Maintenance or
Code of Social Security. But the author follows idea
of codification of pension laws due to current
condition of pension law and relatively easiest option
of codification in the field of social security.
The new Pension Code of Ukraine would solve
many important topics related to internal organizing
and improving of the quality and application of
pension laws, even and stable development of branch of law. The norms of pension law are easily
organizable in general and special parts of future code. And those norms are numerous and difficult for navigating and exercising due to its chaotic and sometimes even competing norms. The draft Pension Code, which used to be submitted to the Parliament of Ukraine and later recalled, defines the circle of issues to be regulated exclusively by Code. Nowadays there are dozens of normative acts regulating those relationships and that interferes full exercising by citizens their social security rights.
Keywords: sources of pension law; codification of pension law; social maintenance; social insurance.