ACCOUNTING OF NON-INSURANCE PERIODS THAT TOOK PLACE ABROAD FOR THE ASSIGNMENT OF AN INSURANCE PENSION: THE INTERNATIONAL LEGAL ASPECT

Year: 
2024

Article:

Issue: 
2

UDC: 
349
DOI: 
10.34076/22196838_2024_2_38
Author(s): 

Kurchenko Oleg

Associate professor, Dostoevsky Omsk State University (Omsk), candidate of legal sciences, ORCID: 0009-0001-9312-8614, e-mail: olegpost2001@mail.ru.

Author(s): 
Kurchenko Oleg
Abstract: 

The norms of the international pension provision agreements concluded by the Russian Federation, which regulate relations on accounting for «foreign» periods as part of the insurance experience, are analyzed. The features of the regulation on the accounting of non-insured periods that took place in a foreign country as a part of insurance experience are shown within the framework of two main models for the preservation of pension rights: territorial and proportional. International treaties of a territorial type imply the application of national law norms in calculating insurance experience, which means that in some cases (for example, with regard to periods of military service in the armed forces of foreign states) they do not allow overcoming the restrictions laid down in Russian pension legislation. The proportional model for the preservation of pension rights, widely used in the practice of concluding international treaties by the Russian Federation, allows for the accounting of «foreign» non-insurance periods only to determine the right to an insurance pension. The author also analyzes the provisions of international pension agreements concluded by Russia, based on the proportional principle, regarding the impact of non-insured periods that took place abroad on the value of the individual pension coefficient used to determine the right to an old-age insurance pension. As a general conclusion, the key role of national legislation in regulating public relations arising in connection with the offset of non-insured periods that took place abroad is emphasized.

Key words: 

non-insurance periods, insurance experience, territory of a foreign state, international agreement on pension provision, pension rights

For citation: 

Kurchenko O. (2024) Accounting of non-insurance periods that took place abroad for the assignment of an insurance pension: the international legal aspect. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 2, pp. 38–47, DOI: https://doi.org/10.34076/22196838_2024_2_38.

Text of the article: 

Publication date: 
Monday, 01.07.2024

English