CONFLICTS IN THE LEGAL REGULATION OF SPEC IAL PENSION

Abstract

Problem setting. The ensuring of unity, consistency and coherence of the legal system sometimes refutes and levels the regulatory by legal acts which are adopted for the purpose of overcoming of the crisis phenomenon in the country and bringing financial capabilities of some laws of the country. One of the most problematic issues related to the conflict in law is their solution, which is a process aimed by achieving a uniform regulation of legal relations or by final removal of contradictions from the system of legal provisions, or overcoming them in the process of enforcement.
Analysis of recent researches and publications. The attention to the issue of special pensions was paid by scholars and practitioners, among which: N. Bolotina, N. Goruk, V. Grushko, М. Кlemparskiy, V. Kolbun, E. Libanova, G. Nechay, O. Obryvka, Y. Privalov, S. Sinchuk, A. Skorobogatko V. Higniy, N. Hutoryan, V. Shakhov, M. Shumilo. However, we need to recognize that there were developed natural features of special pensions (civil servants, scientists, deputies, judges, prosecutors, journalists, customs officers, diplomats, assistants, deputies and others), which is the basis for the legal analysis of pension reforms and implementation of priority provisions in practice in a dynamic state of change in Russian legal literature. Target of research. The purpose of this article is the identification of collisions in legal regulation of special pension provision and proposing the ways of their overcoming. Article’s main body. Today the Law of Ukraine «About the Prosecutor» (article 86), the Law of Ukraine «About the judicial system and status of judges» (article 141), the Law of Ukraine «About the status of MP of Ukraine» (article 20) continue to regulate the special pension provision for these categories of persons. However, the territorial bodies of the
Pension Fund denied in appointment of special type of pension, recalling on paragraph 5 of the final provisions of the law of Ukraine «About the amendments to some legislative acts of Ukraine concerning pension provision» from 02.03.2015, No. 213-VIII, according to what in case of rejection until June 1, 2015, the law on the appointment of all pensions, including special, on General grounds from June 1, 2015 the rules on pension provision will be cancelled.
In connection with inconsistent rights norms, there is a currently conflicting case law regarding the appointment of special pensions to prosecutors and judges who resigned from June 1, 2015. The court decision, which recognizes the illegal actions of territorial bodies of the Pension Fund of Ukraine is based on the idea that understanding of the nature of social guarantees for employees of law enforcement, in particular prosecutors and judges, the content and scope of the social guarantees cannot be diminished by changes in legislation, and that compound the rule of law is the principle of legal certainty, which forms the idea of the predictability of the expectations of the subject of the relationship of certain legal consequences (legal) of their behavior, which corresponds to the existing in the society regulations. At the same time, there are decisions of judges who believe that the special pensions were abolished by the Law No. 213-VIII, and the old rule of law ceases to act, as later amended, which regulates the public relationship. Conclusions and prospects for the development. In our opinion, for the purpose of overcoming of collisions in legal regulation of special pension provision of prosecutors and judges the principle of the priority of special rules over the common needs to be, which in case of divergence between General and special normative legal act provides a special advantage if it is not canceled by issued the General act.