The dissertation is devoted to complex and thorough research, taking into account the latest achievements of the science of social security law of the self-employed person as a subject of social security and the development of conceptual ways of further development of this field.
Based on the results of the dissertation research, the author’s provisions are formulated, which are submitted for defense and contain elements of scientific novelty. The peculiarities of self-employment in Ukraine are that it is: due to the right to freely chosen employment; has a personal nature of activity and is related to the professional and educational qualities of the person; has different forms; subject to accounting; determines the independence of the method of choosing the conditions of employment; material and technical support of activity is carried out independently; has a risky nature; in the circumstances provided by law, this is due to obtaining certain licenses; restrictions may be imposed on the combination of independent professional activity.
It is substantiated that the peculiarities of social protection of self-employed persons are: 1) the lack of a clear legally defined mechanism for providing social protection to self-employed persons; 2) limited full access to the social insurance system; 3) the opportunity to act both as an insured and an insured person. At the same time, self-employed citizens, in contrast to representatives of other groups in terms of employment status, are in a more vulnerable position in the field of social security. They can not always claim the social guarantees of the state and existing social support measures, including protection in the event of conflict with employers, to the same extent as, for example, employees. This is due to the shortcomings of the legal regulation of their legal status, as well as their widespread involvement in the "shadow" processes. At the same time, social security for the self-employed is not as important as for other categories of the employed. Unlike employees, they rely less on social protection because they understand that the official "white" salary is not a guarantee of a decent pension; it is better to rely on one’s own strength to ensure a relatively safe old age, rather than relying on state aid.
It is emphasized that the moment of emergence of legal personality of self-employed persons in the field of social security coincides with the moment of emergence of labor. A self-employed person may be a subject of legal relations in the field of social security (primarily material) both at the time of the actual employment relationship and after its termination.
Self-employed persons, who act as employers, in turn, have the right to: establish additional, in comparison with those regulated by current legislation, social benefits; provision of additional material compensation payments; free disposal of various social funds of the enterprise and many others. However, in addition to the support measures that a self-employed person can carry out at his own discretion, based on the wishes and capabilities, it should be noted the existence of legal obligations for social security of workers in the work process, such as compulsory insurance premiums, including - for compulsory state pension insurance, the obligation to provide relevant information, etc.
