PROBLEMS IN ASSIGNING PREFERENTIAL PENSIONS: LEGAL ANALYSIS AND PROSPECTS FOR IMPROVEMENT
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Keywords

Preferential pension, right to social security, hazardous working conditions, occupational risk, workplace attestation, burden of proof, legal regulation

Abstract

This thesis examines the legal and practical problems that arise when assigning preferential (early) pensions to citizens engaged in hazardous or arduous labour. Drawing on the legislation of the Republic of Uzbekistan and comparative foreign practice, the paper identifies gaps in the classification of hazardous occupations, procedural difficulties in proving eligibility, and an uneven distribution of the financial burden between the state and employers. Based on this analysis, concrete proposals are formulated for improving the legal mechanism of assigning preferential pensions.

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References

Law of the Republic of Uzbekistan “On the State Pension Provision of Citizens”, No. 938-XII, 3 September 1993 (as amended).

[2] Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 592, 13 October 2022, “On Approving the Regulation on the Procedure for Assigning and Paying State Pensions”.

[3] International Labour Organization (ILO). Conventions and Reports on Occupational Safety and Health, 2023. https://www.ilo.org/topics-and-sectors/safety-and-health-work

[4] International Labour Office. Social security and the rule of law: General Survey concerning social security instruments in light of the 2008 Declaration on Social Justice for a Fair Globalization. Report III (Part 1B), 2011.

[5] Hartley, G.R.; Abels, M. Riding the Demographic Wave: Pensions and Retirement Income in an Aging World. World Bank Social Protection Discussion Paper No. 2512, March 2025. https://doi.org/10.1596/43042

[6] OECD. Pensions at a Glance 2023: OECD and G20 Indicators. OECD Publishing, 2023. https://doi.org/10.1787/678055dd-en