Yakubenko V. Principles of social state: condition and prospects of their realisation in Ukraine

The thesis investigates legal nature of principles of social state, criteria for their classification, and actual issues of efficiency increase of mechanism for realization of social state principles in Ukraine. The work also analyzes historical conditions of rise of social state idea and main stages of development of social state concept, conditions of degeneration of legal liberal state into legal social, peculiarities of transformation of post-socialistic states into social. Main juridical principles of social state are human dignity, equal opportunities, social equity, solidarism (social partnership), social equality, social obligations, subsidization, relative independence of public affairs, reality (guaranteeing) of social rights. Level of their realization in Ukraine is completely different. Principles of social equity, social obligations, social equity are most detailed in legislation but there is no financial basis for their fulfillment nowadays. But public, non-governmental regulators are notdeveloped. The dissertation reasons key role of the principle of human dignity, since this principle is the most abstract expression of all principles of the social state. Human dignity in modern understanding is not limited with personal freedom, freedom from tortures and inhuman treatment. It is a human's internal evaluation of his self-value, which is based on objectively existing value of given individual for other people. Author of dissertation comes to conclusion that there is no basis to talk about observance of human dignity without compliance to any of principles of the social state, analyzed in this thesis. On the basis of detailed analysis of the state of normative background for principles of social state and their actual realization in Ukraine, the work developed recommendations concerning increase of efficiency of the mechanism of their realization: transfer to address social aid, concretization of principles of the social state in legislation and establishment of guaranteed volume of social services, codification of social legislation; reorganization of social block of the government; introduction of constitutional action; introduction of ombudsman on social issues; creation of the board on social cases at court of original jurisdiction