Please use this identifier to cite or link to this item:https://hdl.handle.net/20.500.12259/34829
Type of publication: Magistro darbas / Master thesis
Field of Science: Teisė / Law
Author(s): Maleckaitė, Vaineta
Title: Ar darbingo amžiaus emigrantas, nemokantis mokesčių Lietuvos sodrai, nepažeidžia savo teisės išlaikyti tėvus, gaunančius pensiją iš Lietuvos sodros?
Other Title: Whether the emigrant of working age who is not paying taxes to Lithuanian social security system infringes his maintenance obligation to parents who are receiving pension from Lithuanian social security system?
Extent: 35 p.
Date: 2-Jun-2017
Event: Vytauto Didžiojo universitetas. Teisės fakultetas
Keywords: Emigrantas;Mokesčiai;Sodra;Tėvai;Pensija;Emigrant;Taxes;Social seciurity system;Parents;Pension
Abstract: 1926 metus galime vadinti socialinio draudimo sistemos pradžia Lietuvoje, nes tada tuometinis Lietuvos Respublikos prezidentas ir paskelbė Vyriausiosios socialinio draudimo valdymo įstatymą. Ilgą laiką, kol nebuvo įdiegta socialinio draudimo sistema, nedarbingo amžiaus asmenys, kurie negalėjo pasirūpinti savimi, jais turėjo rūpintis vaikai arba giminaičiai. Todėl jau nuo senų laikų vaikai turėjo pareigą išlaikyti savo tėvus, kurie neįstengdavo pasirūpinti savimi. Be abejo ši našta palengvėjo, kai atsirado socialinio draudimo sistema, kuri išmoka pensijas nedarbingo amžiaus asmenims. Lietuvoje vyraujanti socialinio draudimo pensijų sistema atitinka kitose valstybėse egzistuojančiu einamuoju finansavimu grindžiamas sistemas. Tokios sistemos esmė: iš dirbančių surenkamos socialinio draudimo įmokos paskirstomos socialinio draudimo išmokoms mokėti. Šiandien dirbančiųjų uždirbti pinigai atiduodami tiems, kas sąžiningai ilgus metus mokėjo socialinio draudimo įmokas valstybinei pensijų sistemai. Socialinio draudimo įmokos surenkamos iš dviejų tipų : asmenys patys savarankiškai sumoka arba dirbančiam asmeniui yra atskaitoma 3 % nuo atlyginimo . Taigi dirbantieji moka mokesčius, tie mokesčiai keliauja į valstybės biudžetą, o valstybė gaunama biudžetą skirsto į daugelį sektorių, kurių vienas yra Sodra - pensijos. Tad darbingo amžiaus asmenys taip išlaikydami socialine sistemą remia savo tėvus ir kitus asmenis, kuriems yra reikalinga parama. Darbe apžvelgus pagrindinė problema, jog jei ir toliau taip sparčiai augs emigracijos skaičiai, ateityje nedarbingo amžiaus žmonėms – pensininkams nebus iš ko mokėti pensijų, nes ilgėjant gyvenimo trukmei ir mažėjant gimstamumui kyla rimta grėsmė pensijų sistemoms ir ekonomikai stabilumui, kuris ir dabar yra ne pats stabiliausias. Kadangi šalyje didžiąją gyventojų dalį sudarys pensininkai, o jaunimas ieškodamas geresnių gyvenimo ir darbo sąlygų emigruos. Tačiau išanalizavus medžiagą, galime matyti emigracijos ne tik neigiamus padarinius, bet ir grįžtamąją naudą.
The system of the social insurance pensions that is prevailing in Lithuania, matches the systems of other countries that are based on the current funding. The essence of such system: the social insurance premiums that are collected from working persons are distributed for the payouts of the social insurance benefits. Today the money earned by those, who work, are given to those, who were honestly paying social insurance premiums for a many years to the state pension system. The premiums of the social insurance are collected from two types: persons pay on their own or 3% are deducted from the salary of a working person. Therefore working people are paying taxes, those taxes go to the state budget, and the state distributes the received budget to many sectors, one of which is SODRA - pensions. 1926 can be called the beginning of the social insurance system in Lithuania, because precisely the president of the Republic of Lithuania of that time promulgated the law of the Supreme board of the social insurance. However, during the interwar period in Lithuania the plans that were provided in order to establish the pension insurance system, were not implemented in time, only exceptional persons, such as officers or state officials, received pensions during that time, and pension benefits were paid to them by the state. Later the situation in the Lithuanian pension system, during the occupation of Lithuania, had changed. After the occupation of Lithuania, the soviet social insurance model came in effect, the basis of model was that all workers and employees were provided with the state social insurance that did not depend on the amount of the work experience that the person had. During that period the state funds were dedicated for the payment of the social insurance benefits, premiums were paid only by organisations and companies, while the working age people did not have to pay any premiums of the social insurance, all the salary that they earned belonged to them, and no mandatory taxes that would be deducted from the salary that was being earned did not exist. That radically differs from nowadays, because during that period the benefits of the social insurance did not depend on the fact of the premium payment, while today the budget of the social insurance depends on the taxes, paid by working persons, later those are assigned for the payout of pensions. The main revolution in the system of the social insurance took place in 1990, because the Supreme Council of that time adopted the decree in which specified that social insurance that was controlled by the trade unions of Lithuania from now on will be controlled and managed by the state. In such way the Supreme board of the state social insurance was formed, it was responsible for the social insurance and the principles of its functioning. The Supreme board of the state social insurance implemented the system according to which the registration of insurers, collection of premiums, organisation and control of benefits, and the implementation of the state social insurance budget was commenced. Even then the Supreme board of the state social insurance took a shorter title - "SODRA". For a long time, while the system of the social insurance was not implemented, the children or relatives had to take care of the persons of incapacitated age, who were not able to take care of themselves. Therefore, for a long time the children already had an obligation to support their parents, who were not able to take care of themselves. Of course this burden got lighter, when the system of the social insurance that pays out the pensions to the persons of incapacitated age, was created. How ever it is obvious that income that is dedicated for the pay out of pensions do not appear from nowhere. The same children, when they are persons of working age, pay the taxes to the state when they work, and the collected budget is distributed for the benefits of the social insurance – pensions. Therefore, the same children, persons of working age, support their parents and other persons, who are in need of a support, by supporting the social system in this way. The thesis reviews not only negative, but the positive sides of the emigration as well, on which the material condition of other people in the country depends as well. It cannot be stated specifically that the emigration is only harm, because there is a positive feedback. The main harm is the statistical indicators that are still increasing and present not a diminishing, but an increasing number of departing, when the number of retirees in the country remains stable, and that means the loss of an income, because by working in the foreign country, the people of our country pay taxes there, and in such way increase the budget comprised by tax payers of that country and not the one of their own. This budget is very important with respect to the issue of the social benefits, because the reception of the benefits of the incapacitated persons depends on working persons. We can also consider the emigration as the positive phenomenon, because by earning the money in the foreign country they create a flow of the return money, this flow is comprised of the income, received by emigrants from the short term seasonal employment, who bring in or transfer the earned income back to their own country, also by emigrating for a longer term they can better help their family, who remained in the native country, materially by providing financial support and in such way increasing the GDP, by acquiring realty or by paying for health care services when they return to their country for holidays. Also the establishment of own businesses, because for that one must have income and be not afraid to risk, and some, who work in their country and get minimal wage, can only dream about own business. After the analysis, it can be concluded that if the numbers of emigration will continue to rise at this rate, in the future there will be no resources from which the pensions could be paid to the people of the age of incapacity – retirees, because there will not be a sufficient number of capable persons, the taxes that are paid by them would not be sufficient to cover social benefits. Because the majority of the population in the country will be comprised of retirees, and the youth will leave its country being on the look for a better living and working conditions. However, the emigration provides better possibilities to develop business in the own country, because by receiving higher salaries abroad and after accumulating enough of income, the majority still return to the own country, where they invest the income that they earned abroad. By working in other countries emigrants also acquire new work experience and new knowledge that can be used, when they return to own country, where with the new experience and knowledge that they have, and the earned money, they can establish own business creating new jobs and improving economic situation in their country in such way, because the increasing number of working people and favourable business opportunities can improve the living quality of the social benefit recipients.
Internet: https://eltalpykla.vdu.lt/1/34829
https://hdl.handle.net/20.500.12259/34829
Appears in Collections:2017 m. (TF mag.)

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