The right to a pre-schedule pension due to upbringing of a disabled child according to the legislation of CIS

Pension maintenance is one of the most important elements of social support of citizens of CIS countries. Taking into account the significance of care for disabled children, legislature of certain CIS countries states additional pension maintenance guarantees, in particular, the right to an early grant of old-age retirement pension for the caregivers of such children. The author performs a comparative analysis of legal norms of CIS countries legislation (Russia, Belarus, Turkmenistan, Tadzhikistan, Armenia, Uzbekistan, Azerbaijan, Moldova, Kirghizia, Kazakhstan) related to the enforcement of rights to an early pension grant for parents and persons substituting them who have brought up disabled children. In the article the author pays attention to the fact that the rights to an early pension grant due to upbringing of disabled child are not stated in legislation systems of certain CIS countries. This list includes Armenia, Kazakhstan, Moldova. As a result of the study, the author emphasizes certain norms of pension legislation of the observed countries concerning the question of enforcement of the right to an early pension grant for actual caregivers of a disabled child as well as unsolved problems in this sphere of legislation. The article points out possible solutions to this problem in the above-mentioned countries and stresses their peculiarities. Firstly, the author highlights the difference in the approach of lawmakers to the subjective set of persons who receive the benefit. Secondly, the author points out a significant distinction in lawmakers' opinion concerning the age that should give the right to an early pension grant. Thirdly, legislators have various approaches to the question of the duration of disabled child upbringing period that should give the right to an early pension grant. As a result of the study, the author comes to a conclusion that an early pension grant for such a category of citizens is connected with an excessive psychological and emotional pressure as well as physical and material expenses. The author suggests recommendations concerning improvement of certain legal norms of the observed countries regulating legal relations in terms of the right to an early pension grant for parents and persons substituting them bringing up a disabled child. Having examined pension legislation norms of certain CIS countries, the author comes to a conclusion that the legislation of the Russian Federation regulating the question of enforcement of rights to an early pension grant for a disabled child's parents accumulates the very best from the practice of pension development of other CIS countries. As it appears to the author, Russia can use experience of a number of foreign CIS countries while regulating pension rights of citizens and update the legislation with norms that allow to exercise the right to an early pension grant not only for parents, fosters and caregivers bringing up disabled children, but for step-mother or step-father as well. It is possible that certain amendments will be made in Russian legislation which relate to the age of a disabled child that should give the right to an early pension grant.

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