Prylypko S. The Subject of Law of Social Security

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0507U000353

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

24-05-2007

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the all-round research of the theoretical and practical problems of social security of the citizens of Ukraine, and to the making of the proposals aimed at the perfection of the legislation on social security. The author has developed new conceptual approaches to the determination of the sphere of operation and establishing of the subject of the law of social security; a model of structurization of the legal relations in the sphere of social security has been defined in this work. Special attention is paid to the legal relations in the sphere of pension. The author has defined the notion and the content of the law of social security, its place in the system of law on the ground of the analysis of the correlation of private and public law, the expediency of introduction of social law. By taking into account some specific features of the transition to the market economy, the author has grounded the expediency of setting apart of the peculiarities of the method of legal regulationof the law of social security. The author has proposed his version of the organizational and legal forms of social security and newly defined specific features and the essence of the obligatory state social insurance as a basic organizational and legal forms of social security of the citizens of Ukraine. The concept of social policy has been formulated in this work. The author has proposed to adopt the Law of Ukraine “On social policy”. Some specific features and the essence of the guarantees in social sphere have been defined in the thesis. The author has made a proposal on the necessity of the development and introduction of the social budget as a guarantee of the realization of the constitutional right to social security. It is proposed, to work out and adopt the law of Ukraine “On social budget”, to establish a united National Fund of Social Insurance as one of the ways of perfection of the management of social security. The author has grounded the proposal to conduct a legal experiment in social sphere.The author has made a conclusion about the necessity to take into account the principle of solidarity in the process of developing of new legislative provisions. The author has defined some specific features of the social risk as a ground of social security. Some basic directions of the strategy of the development of the legislation on social security have been defined in this work; the provision about the necessity of codification of the legislation on social security has been grounded by the author.

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