Equality and justice as the basis for unification of the right of citizens for an insurance labor pension

The differentiation of the right of citizens of the Russian Federation for an insurance labor pension by gender provided for by the current legislation raises questions in civil society due to the discrepancy between the norms fixing different retirement ages for men and women, the principle of equality guaranteed by the Constitution of the Russian Federation, and ensuring social justice in society. One of the reasons is that a significant proportion of men do not live to the 65-year retirement age fixed by law. Analyzing the current legal norms and comparing them with statistical data and the results of law enforcement indicating a clearly unfair standardization of these relations, the authors offer their own vision of solving the existing problems. The authors substantiate the conclusion on the necessity to unify the right of citizens for an insurance pension by establishing a common retirement age of 60 years for men and women for the period of solving the main demographic problems in the state and creating conditions for increasing life expectancy. At the same time, emphasizing the special role of women, the authors propose to include legislatively the time associated with the birth and upbringing of children in a woman’s insurance experience, regardless of whether a woman had previous employment relationships and insurance experience. It should be done to create a favorable regime for the formation of women’s insurance experience and ensure formal equality with men.

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Publication Details

Journal
Jus strictum.
Published
2024-09-30
DOI
https://doi.org/10.18323/3034-2945-2024-3-58-1
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Equality and justice as the basis for unification of the right of citizens for an insurance labor pension

Svetlana I. Vershinina, Roman O. Kozhevnikov
Jus strictum.
Legal and Policy Issues
article

Equality and justice as the basis for unification of the right of citizens for an insurance labor pension

Svetlana I. Vershinina, Roman O. Kozhevnikov
article en

Abstract

The differentiation of the right of citizens of the Russian Federation for an insurance labor pension by gender provided for by the current legislation raises questions in civil society due to the discrepancy between the norms fixing different retirement ages for men and women, the principle of equality guaranteed by the Constitution of the Russian Federation, and ensuring social justice in society. One of the reasons is that a significant proportion of men do not live to the 65-year retirement age fixed by law. Analyzing the current legal norms and comparing them with statistical data and the results of law enforcement indicating a clearly unfair standardization of these relations, the authors offer their own vision of solving the existing problems. The authors substantiate the conclusion on the necessity to unify the right of citizens for an insurance pension by establishing a common retirement age of 60 years for men and women for the period of solving the main demographic problems in the state and creating conditions for increasing life expectancy. At the same time, emphasizing the special role of women, the authors propose to include legislatively the time associated with the birth and upbringing of children in a woman’s insurance experience, regardless of whether a woman had previous employment relationships and insurance experience. It should be done to create a favorable regime for the formation of women’s insurance experience and ensure formal equality with men.

Jus strictum.(3)
Togliatti State University (RU)
Gender equality
Openalex Percentile: Top 66%
Legal and Policy Issues
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