| Abstract [eng] |
The master's thesis analyzes the jurisprudence of the Constitutional Court of the Republic of Lithuania, which is related to the right to old-age pension. In order to consistently and systematically disclose the topic of work, the social risk of old age is also analyzed and the institute of social insurance old-age pensions is examined. The first part of this work refines the concept of social risk of old age, examines society's response based on the principle of solidarity in order to help a person to provide for himself in old age, and analyzes the challenges posed by the aging process of society in ensuring social protection for the elderly. When examining pension provision in old age, the formation of social insurance old-age pensions after the restoration of Lithuania's independence and the current legal regulation of old-age pensions are analyzed, among other things, taking into account the conditions for obtaining the right to an old-age pension, the model for calculating the amount of old-age pensions, the equalization of the retirement age for men and women, early old-age pensions payment and other aspects. Also, in order to understand the place of old-age pensions in the pension system, state pensions and welfare old-age pensions are also discussed. The last part of this work analyzes the jurisprudence of the Constitutional Court in order to reveal the obligation of the state, established in Article 52 of the Constitution, to guarantee old-age pensions and ensure the right to them. Through the considered provisions of the constitutional doctrine, the constitutional concept of the principle of solidarity is revealed, the aspects related to the ownership right to old-age pension, the period of insurance service, the imperatives of reducing old-age pensions during the economic crisis, and the obligation to pay pension social insurance contributions are analyzed. The standards of constitutional protection of old-age pensions and other social benefits are also compared. Analyzing the legal doctrine reveals problematic provisions of the constitutional doctrine, which are critically evaluated by legal scholars. |
