It is proved in the thesis that unity and differentiation in the sphere of social security is a complicated legal phenomenon, the content of which consists of a set of interrelated elements having a certain logical connection. Unity and differentiation as a principle contributes to the formation of the fundamentals of social security; as an element of the legal mechanism interacts with other principles in the law-making and law enforcement activities; as an element of the institute of sources of social security law means the embodiment of unity and differentiation, is a form of its existence.
The legal mechanism in social security is characterized by a complex combination of the legal rules of the social security law and other branches of law (constitutional, administrative, civil, labor, criminal law, etc.). The author proves that it is necessary to distinguish social risks (the grounds for the consolidation of rights in legal acts and the preconditions for the emergence of legal relations) and legal facts (legal grounds for the emergence of legal relations) in realization of relevant rights.
The approach to the differentiation of pension payments, social assistance and social services is developed. It reflects the internal links within each of these organizational and legal forms of social security.
It is outlined that the establishment of general rules extending to all subjects without exception makes simultaneously possible the differentiation because of their focus on protection against specific social risks faced by different certain groups of people. Therefore, the provision of general types of social support (pensions, assistance, services, etc.) is accompanied by the establishment of differences, in accordance with the specifics of legal facts and the legal status of the entities (the recipients of certain types of social support). Differentiation is a natural feature of the social security law.
It is proved that all the grounds for differentiation in the solidarity pension system can be divided into external (subjective and objective) and internal (direct) ones. Each of the external grounds of differentiation has internal (direct) differentiation. The differentiation of social assistance can be conducted according to subjective, objective and socio-economic (material) factors, as well differentiation of social services can be conducted in accordance with targeted, subjective, and territorial grounds.
The arguments about the necessity to distinguish between factors and criteria for differentiation in the social security law are given. The factors for the differentiation of social security are defined as the circumstances of the socioeconomic reality that have place in the state and make influence on formation of the social security system and serve as the reasons for the differentiation of the social security of the population of Ukraine. The criteria for differentiation in this brunch of law are defined as absolutely or relatively stable circumstances, enshrined in legislative acts, which entail peculiarities in the legal regulation of relations in the sphere of social security by establishing additional rights (privileges), restrictions and obligations for certain groups of population.
The author offers his own view on the unity in the social security law as a legal basis for the legal regulation of social security, which includes a general approach to the compensation of social risks by providing individuals with certain types of social security on general terms and conditions, as well as establishing common rules for calculating the size of a particular social payments not lower than the minimum standards and norms established by the state.
The arguments concerning approval of special pension cancellation are underlined. Firstly, the conditions for the appointment and payment of special pensions has been changing according to principles of equality and social justice. Secondly, the level of social tension in society has been going down. Thirdly, the burden on the State Budget in the difficult economic conditions of state has been decreasing.
