Modern problems of implementation of the principle of rule of law by the Pension Fund of Ukraine in conditions of martial law

Abstract

This scientific article clarifies the essence and content of the principle of the rule of law, identifies the specifics of its application by the bodies of the Pension Fund of Ukraine and identifies the problems of its implementation in the conditions of martial law.

 In particular, it was found that recently, contrary to the requirements of the Constitution of Ukraine and other laws, the said state body is increasingly guided in its activities by the provisions of departmental normative legal acts and those legislative acts which in the legal hierarchy are lower in their strength than other legislative acts, including The Constitution of Ukraine, thus violating the provisions laid down in it in Art. 8 principle of rule of law.

 Similar practical approaches have been developed in the bodies of the Pension Fund of Ukraine regarding the implementation of decisions of courts of general jurisdiction and the Constitutional Court of Ukraine, which in the conditions of martial law is one of the correlates that determines the commission of criminal offenses both in the field of social protection of the population and in the state as a whole.

 Taking into account the specified circumstances, as well as the results of the analysis of individual court decisions related to the specified issues, this scientific article substantiates the need to strengthen and qualitatively modify the norms of the current legislation of Ukraine, which regulates the procedure for judicial control, including by the Constitutional Court of Ukraine.

 In addition, this work proves that in those international organizations (UN, Council of Europe, etc.), of which Ukraine is a member, and in the relevant working bodies of the European Union and NATO, which monitor the activities of our state, the main criterion on the basis of which decisions are made regarding its civility, there is a state and decisions on compliance with the principle of the rule of law.

 Attention is also drawn to the fact that abroad the content of the specified right is interpreted in a broader sense, as defined in Art. 8 of the Constitution of Ukraine, which is important to consider in the conditions of martial law for all state bodies, especially when forming and implementing the Euro integration intentions of our state.