Model Cases as an Effective Tool for the Protection of Social Rights and Ensuring the Uniformity of Court Practice

Abstract

The article examines the model cases in the field of social protection considered by the Supreme Court. Today, the Supreme Court sets trends and is at the forefront of both judicial practice and doctrinal research in the field of law. Some decisions of the cassation instance solve long-standing problems and also formulate new questions to be answered by the legislator and legal doctrine. The study classifies the legal conclusions of the Supreme Court.Analyzing the practice of the Supreme Court in terms of model proceedings, it can be said that model cases can be classified by two criteria: by the subject of the dispute and by the subject of the appeal.The research analyzes some model cases in which violations of rights in the field of social protection are stated. This made it possible to establish that the Supreme Court has not considered a single pension case on pensions under the general law. Instead, we observe a number of problematic issues in the field of special pensions. The reasons for this, in particular, are: regulations recognized as unconstitutional, low level of legal technique during rulemaking, incorrect interpretation of the law by specially authorized bodies (departments of the Pension Fund).One of the ways to overcome this crisis could be a radical reform (update) of legislation in this area with further codification of pension legislation, where special pensions would take their rightful place in a special part of such a Pension Code, which could later become one of the magnum books of the Social Code on the German model.It is emphasized that there is an objective need to introduce liability (disciplinary) for employees of the pension fund, if the illegality of their actions was established by a court decision that has entered into force – is an objective necessity.