Application of civil law norms on compensation for losses and unjust enrichment in the protection of violated rights in the field of compulsory pension insurance

Abstract

The article is devoted to the problems of protecting the rights of subjects of compulsory pension insurance. The grounds and procedure for compensation by the policyholder, as well as by the insured person (pensioner) for the amounts of real damage caused to the bodies of the Social Fund of the Russian Federation, in the form of overpaid insurance coverage, are analyzed. The relevance of the provisions of Chapter 60 of the Civil Code of the Russian Federation on unjust enrichment when resolving such disputes by courts is also noted, which is permissible due to the direct instructions of the law on insurance pensions. Unlike the insurer, the right of the insured person (pensioner) to compensation for losses is not legally established. However, the provisions of Article 15, Art. 393 of the Civil Code of the Russian Federation are in demand when collecting the amounts of an unassigned (unreceived) old-age insurance pension as lost profits from the policyholder or insurer. The need to apply civil legislation is due to the specific nature of the declarative nature of the right to old-age insurance. At the same time, this places the burden on the plaintiff to prove the completeness of the grounds for implementing this measure of legal liability, which reduces the effectiveness of the protection of pension rights. The article formulates proposals for improving the legal regulation of the purpose of insurance coverage for compulsory pension insurance.