Shumilo М. Several questions concerning terminology in studying legal pension relations
The dynamics of pension legislation, a wide range of scientific research of pension maintenance by various humanitarian and social sciences, to which besides the law we can attribute economic studies of pension, as well as sociology, philosophy and so on, leads to creation of pension-legal, bureaucratic terminology. The development of pension legislation as well as theoretical studies contribute to the emergence and strengthening of special conceptual-categorical apparatus. These trends are also one of the signs of the formation and establishment of a separate branch of law – Pension law. There is need for a detailed study and characteristics of the concepts of pension maintenance, without which the latter will be inadequate. Taking into consideration the results of modern scientific research in the field of legal relations in pension maintenance among which we can distinguish: pension-insurance, procedural-organizational, pension-maintaining, procedural-protective, executive (post-procedural) legal relations; the notion «pension case» is only used in two types of relationships: in procedural-organizational and procedural-protective, which has completely different contextual and functional meaning. Procedural-organizational legal relationship in the sphere of pension maintenance – is a range of relatively independent public relations of organizational character expressly regulated, which purpose is the implementation of the right to pension maintenance by the capable individual, namely the establishment and formalization of legal facts according to the prescribed order and submission of documents to the bodies of special competence.Pension case is a formalized, materialized legal composition of procedural-organizational legal relationships.
Exactly the pension case accumulates a list of documents which confirm the special legal capability of a pensioner. That is, the pension case is a collection of documents confirming the right of an individual to pension and are the basis for its assignment, recalculation, suspension, resumption or termination of payments. In this context it is necessary to separate legal facts and their fixation. Legal facts in pension maintenance – are certain circumstances that confirm the capability of the person as a member of the legal relations concerning pension maintenance. However, these facts are to be properly formalized. That is a reproduction of certain legal facts in the documents that have clearly defined procedures for processing (disability, widowhood, special experience, etc.).
The notion «pension case» can be alternatively interpreted in the light of – protective legal relations in pension maintenance, under which we are to understand social relations, governed by the procedural law with the aim of protection and restoration of the violated right of the individual to a pension maintenance.
This is the optional kind of legal relationships in pension maintenance, which occurs only due to the violation of pension legislation as well as resolution of such a dispute in an administrative proceeding. However, while the notion «pension case» in procedural-organizational legal relationships is partially regulated and used in normative-legal acts, it is never mentioned in procedural-protective acts either at legislative or at the level of generalization of judicial practice.
Today, the number of pension disputes is fairly large, and hence the need to allocate them among others is objectively overdue. However, even in a united, so far, generalization of court practice concerning pension disputes the notions «pension dispute» or «pension case» are not used a single time.
From the standpoint of legal relations theory it can be said that «pension case», as well as in the procedural-organizational legal relationships, is nothing more but materialized subject of a court resolution as it includes basic documents confirming pension capability.
It is necessary to distinguish the categories of proceedings concerning pensions not only at the theoretical level, but also at the legal one. This is due to the fact that it is the realization of one of the most important social rights of a human – the right to a pension maintenance.
Thus, the pension case in procedural-protective legal relationships in pension maintenance – is a kind of administrative case which is resolved in the court proceeding concerning the implementation of the violated right to pension maintenance.
Key words: pension, pension relations, pension file.