The dissertation is devoted to a comprehensive study of theoretical and practical issues in the legal regulation of the state and its bodies’ participation in the social security legal relations. The historical development of the social security system, the state’s role and functions in this process; modern types of social security entities; the nature and the purpose of the state bodies in the system of such subjects are examined through determining the place of the state and its bodies in the system of social security entities.
Based on the results of the analysis, the author's classification of the historical stages of the development is carried out. Such stages as distancing the state's participation from the regulation of social security relations (ancient times - I half of the 16th century.); origin and formation of the state’s social function (ІІ half of the 16th – I half of the 19th century.); beginning of the formation of a comprehensive social security system in the Russian Empire (II half of the 19th century – 1917); the Soviet state’s limited performance of its social functions (1918 - the ‘50's of the 20th century.); improvement of the legal regulation of social security in the USSR (‘50s of the 20th century - 1991); development of the social security system after Ukraine's restoration of independence (1991 – present) are distinguished and characterized.
The subject nature of the legal relations on social welfare provision and legal grounds for the attribution of one or another participant of such relations to the list of such subjects is studied. A brief description of the legal status of individuals and legal entities in the field of social security, distinction between their functions and role in the system of social protection of the population is presented. Also, the author’s own classification of social security entities is formulated and justified through the use of such defining factors of differentiation as the state’s fulfillment (non-fulfillment) of its functions during its participation in legal relations, and the immediacy of the provision (receipt) of social security services.
The terminological aspects of the concept of "state body," the legal nature of the state and its bodies as subjects of social security, their place and role in social welfare provision relations are examined. It is emphasized that the purpose of these bodies’ existence is not only in accumulating and distributing additional social and material benefits to the public, but also in effective and efficient regulatory policy in this sphere, designed to introduce market principles for the regulation of social security provision relations, and the decentralization of these processes. A number of state bodies’ functions that, in author’s opinion, underline their central place in the system of social security subjects is identified.
Through a general characteristic of state bodies in the system of social security entities, the author analyzes the legal status of state bodies and other agents involved in social security provision relations; as well as examines the issue of control and supervision over the exercise of powers, the responsibility of the state bodies in the field of social security. Thus, through the examination of the system of public authorities that act as social security provision agents, the author mainly focuses on the executive bodies that in one way or another exercise managerial powers in the field of the social protection of the public. The key competence features of the Cabinet of Ministers of Ukraine, the Ministry of Social Policy of Ukraine, the State Employment Service of Ukraine, the State Service of Ukraine on the Affairs of ATO participants and veterans, the Fund of Social Protection of the Disabled of Ukraine, the Pension Fund of Ukraine, the departments and offices of local state administrations on the issues of social protection and other agents are analysed.
Besides, both bodies directly involved in social services provision relations and those whose activities are indirect, i.e. connected with the establishment of legal facts, and creation of legal grounds of social security provision to a certain individual, are analysed. The interconnection of these bodies, in particular institutional, subordinate, and coordinative connections within the executive authority vertical is analysed. Following the results of the conducted research, the author offers an administrative territorial criterion, as well as criteria of a state body’s place in the executive bodies’ system, and a criterion of sectoral focus. The author carries out their own classification with the use of those criteria.
