Borichenko K. Legal mechanism for ensuring the right to social protection

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100051

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

19-12-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first special comprehensive study of the legal mechanism of ensuring the right to social protection in the domestic science of social security law. The dissertation defines the general features and legal originality of the right to social protection, on the basis of which the place of the relevant right in the human rights system is established. The concept and structure of the right to social protection are revealed. The correlation of concepts is analyzed: the right to social protection, the right to social security, the rights in the field of social security. The concept and structure of the legal mechanism for ensuring the right to social protection are clarified. The content of international and European standards of the right to social protection and the state of compliance of the current national legislation in the field of social protection of the population are studied. The characteristic of quality and efficiency of normative fixing of the right to social protection by the legislation of Ukraine from the point of view of conformity to its bases of legal certainty is given. The peculiarities of the mechanism of exercising the right to social protection are established. The concept, content and effectiveness of guarantees of the right to social protection are The characteristics of the mechanism of protection of the right to social protection are given, the subjects of control and supervision in the field of social protection are identified, the key value of its efficiency is substantiated to ensure the possibility of bringing the perpetrators to justice for violation or non-recognition of the right to social protection. The mechanism of protection of the right to social protection by the system of jurisdictional and non-jurisdictional forms of protection carried out at the international and national levels is defined. The characteristic of ways of protection of the right to social protection is given. Proposals for improving the current social security legislation in the field of consolidation and determining the content of the legal mechanism for ensuring the right to social protection, which meets the modern interests of human, society and the state.

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