PENSION PROVISION OF JUDGES AND PROSECUTORS THROUGH THE PRISM OF THE PRINCIPLE OF SOCIAL JUSTICE

Abstract

The publication is devoted to the issue of optimizing the conditions for granting special pensions to judges and prosecutors. The analysis of the social orientation of the current pension legislation confirms its inconsistency, primarily with the principle of social justice, which causes social tension in society and leads to public dissatisfaction with the social policy of the State. It is noted that today the right to different pension conditions for judges and prosecutors is preserved, and they are granted a privileged pension provision which differs from the general legal regulation of pensions, which has led to the application of unjustified differentiation in this matter. It is determined that social justice is a moral and legal category, and social protection measures should embody the ideas of social solidarity and justice.It has been found that violations of the principles of justice occur most often in the context of socio-political and economic crises, military conflicts, and natural disasters. Among the factors that disturb the balance of the pension system and destroy social justice in this area is particularly the selfish desire of certain segments of employees to defend their own interests at the expense of the interests of society. It is noted that there is a vicious practice when some police officers, judges and prosecutors increase their pension payments by court decisions, which removes the legal limit on the maximum amount of pensions and allows them to receive pensions without taking into consideration an upper limit.It is argued that special pension provisions should ensure higher social standards, but they should not be discriminatory compared to the conditions of pension provision in the general pension system. It is proposed to adopt the Law of Ukraine “On Insurance Professional Pensions”. The next step in reforming the pension system should be the introduction of new pension legislation that will completely eliminate different principles of pension calculation. The Pension Code of Ukraine should become such a regulatory act.