THE IDENTIFICATION PROBLEM OF THE DOCUMENTS ISSUED BY THE OCCUPYING AUTHORITY ON THE WAY TO PROVIDE PENSION RIGHTS OF INTERNALLY DISPLACED PEOPLE

Abstract

The article reveals the protection problems of the
pension rights of internally displaced people on the
basis of a comprehensive analysis of the legal
framework, court practice and scientific works, in
particular the question of recognition of documents
issued by the occupying authority, which the practical
realization of the right to social protection depends
on. Certain articles of the Constitution of Ukraine, the
Law of Ukraine «On Pension Provision», «Procedure
of Confirmation of Existing work Experience for
Assigning Pensions in the Absence of the Work book
or the corresponding records therein»; have been
researches regarding the establishment of the
possibility of confirmation of experience, despite the
work book with other documents (certificates) at the
legislative level in some cases (in particular, the loss of the work book, the absence of relevant records in
it).
It is noted that, despite the existence of special
regulations in the national legislation in the field of
protection of the rights of internally displaced people,
there are significant gaps and shortcomings in
regulation. However, there is a relevant international
court practice that should be taken into account when
considering work experience certificates issued by
bodies or institutions that actually operate in certain
temporary occupied areas of Luhansk and Donetsk
oblasts and in the Autonomous Republic of Crimea.
The article presents the author';s vision of solving the
problem of legitimization of documents issued by the occupying authority as one of the components of respect for human rights, in particular internally displaced people.
Key words: social rights, right to pension, protection of rights, pension legislation, pension, internally displaced people, work experience, documents, occupying authority, legitimation, “Namibian exceptions”.