Burka A. Social security of people having been harmed as a result of an accident at work and occupational disease

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100113

Applicant for

Specialization

  • 081 - Право. Право

10-07-2020

Specialized Academic Board

ДФ 26.001.006

Taras Shevchenko National University of Kyiv

Essay

The dissertation is dedicated to the complex and thorough analysis of the social security of people who have suffered as a result of an accident at work and occupational disease. The thesis examines the types of social security for people who have suffered as a result of an accident at work and occupational diseases: insurance payments, pensions, medical and social assistance, social services. The main methodological approaches and methods that were used during the dissertation research are found out. The analysis of the development of legislation that regulates the relations that arise as a result of the implementation of the social security of the victims and the main stages of its development during the period of Ukraine's independence was determined: I. The formation stage (1991-1992) - relations on social security of the victims, who suffered as a result of industrial accidents and occupational diseases, are regulated by the norms of the USSR legislation. Compulsory state social insurance is absent; II. The transformation stage (1993-1999) - new principles of market-type social security system construction are defined; the Constitution of Ukraine is adopted and it systematically summarizes all the provisions of social protection of the population; a system of compulsory state social insurance, one of the elements of which is compulsory state social insurance in cases of industrial accidents and occupational diseases that lead to disability is introduced; III. the current stage (2000 and present) is the reform of the social security system for the victims of occupational accidents and illness. 9 The peculiarities of the content of the analyzed legal acts concerning the list of people who were entitled to social security as a result of an accident at work and occupational disease, types, and size of such provision were established. The legal analysis of bilateral and multilateral international treaties of interstate, intergovernmental and interagency nature has been carried out. The place, significance, necessity of the international legal regulation of the issues of social security of the persons who suffered as a result of an industrial accident and occupational disease were substantiated. The comparative legal analysis of the legislation of fifteen European countries, namely: Poland, Germany, Austria, Switzerland, Liechtenstein, Luxembourg, Denmark, Sweden, Great Britain, Norway, Finland, France, Spain, Italy, Portugal has been conducted on the types and level of social provision for people suffered as a result of an accident at work and occupational disease, common and distinctive features between the legislation of Ukraine and foreign countries are defined. Proposals on the improvement of the legislation in the field of social security of the victims of occupational accidents and occupational diseases were formulated, and their specific editions were proposed. The essence of the concept "social security" is generalized, as a system of state and non-state material support and social services, provided by authorized bodies to guarantee and ensure cash payments, benefits and social services aimed at reducing the degree of negative impact from the onset of social risk or overcoming it (restoration of health, working capacity, improvement of financial position, etc.) which is presupposed by the legislation norms in cases of any social risk. It is emphasized that there is a need to distinguish the following concepts: "social assistance", "social services", "social service". It is suggested to consider social assistance as a guaranteed, irrevocable, statutory payment or in-kind assistance provided to particular categories of citizens in the manner and amounts defined by the law aiming at their financial support. It is established that social service is not only a complex of social services but also activities related to the organization of work of 10 bodies, organizations, persons providing social services (administrative component). It follows that social service is a broader concept than social services. A detailed legal analysis of all possible types of social security, which can be expected by the injured insured people and members of their families has been conducted and they have been subdivided into 1) insurance payments and pensions; 2) insurance expenses for medical, social assistance and social services.

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