Hahun A. Material support and social services for compulsory state social insurance against accident at work.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100539

Applicant for

Specialization

  • 081 - Право. Право

29-03-2021

Specialized Academic Board

ДФ 64.086.013

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to consideration of the issue of material support and provision of social services in the form of a compulsory state social insurance against accident at work. Concepts, features, principles, functions and subjects are analyzed, as well as the current state of legal regulation of compulsory state social insurance against accident at work. The causes of occupational injuries are determined and they are determined to be complex: economic, technical, organizational and legal. The term "accident at work" was investigated and it was proposed to consider it as a certain event that occurred on grounds that do not dependent on the will of the person or directly as a result of certain intentional or careless actions, has a negative impact on the employee and is manifested in the form of physical, mental or moral harm to an employee resulting from the employee's performance of his employment or labor-related duties, both directly on the territory of the enterprise, institution, organization, and in other places if the worker was in such a place by order of the employer or on the basis of an agreement between the worker and the employer or for other reasons specified by the employer. The author argues that an accident at work may occur not only in the event that the injured person suffered physical injury, but also in cases of mental injury. The paper also explores the history of the formation of social insurance in Ukraine, which dates back to the time of Kievan Rus. It is noted that the present period is characterized by the reform of the current legislation, the need for 6 implementation and harmonization of national legislation with international and EU legislation. The compulsory state social insurance against accident at work is considered by the author as a system of guarantees established and regulated by the state providing for material security, insurance payments and the provision of social services to the insured person or persons who are legally entitled to this right in the event of an accident in production. Principles of compulsory state social insurance against accidents at work are defined as guiding ideas and principles that determine the nature and direction of this type of social insurance. It is noted that the legislative approach to the extension of the uniform principles of social insurance, including insurance against industrial accidents, is incorrect because the social insurance against accidents at work has its own peculiarities. The author stresses out that to the question of involving in the system of compulsory state social insurance members of the personal agricultural economy needs urgent solution, since today such persons are socially unprotected part of the labor force of the population of Ukraine. Regarding the functions of compulsory state social insurance against accidents at work, the following are allocated: 1) security; 2) compensation; 3) social rehabilitation; 4) economic; 5) preventive. It is noted that the legal mechanism of regulation of compulsory state social insurance against an accident at work in the present situation is characterized by an insufficiently updated base of the current legislation, the lack of proper systematization of legislation in this area and outdated views on the social insurance system. The paper notes legislative inconsistency and inconsistency in the use of such concepts as "material security" and "insurance payments", as well as a list of types of material security and insurance payments in the context of compulsory state social insurance against accidents at work.

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