Derevyanko A. Legal status of social security entities of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100727

Applicant for

Specialization

  • 081 - Право. Право

18-02-2022

Specialized Academic Board

ДФ 26.001.298

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to complex and thorough research, taking into account the latest achievements of labor law and social security law, the legal status of social security entities of Ukraine 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 concept of "social security" as a multifaceted phenomenon should be carried out at the level of "general", "special" and "individual". In the modern methodology spread in the West, the concept of a multifactorial approach is firmly established, which includes the analysis of the impact on the social subject, phenomenon, process of a set of economic, apolitical, cultural and moral factors. At the same time, there is a need for purposeful formation of the methodological foundations of this extremely complex socio-economic process in accordance with modern advances in science and the needs of practice. Substantially, the elements of social security are: 1) the state of protection and the ability to protect the social interests of various actors: the individual, society, state from the impact of external and internal threats; 2) guarantees of legal and institutional protection of the interests of the subjects of social relations from external and internal threats, provided by prevention of social risks (dangers, threats) and neutralization or minimization of their adverse or negative consequences. It is emphasized that the normative legal regulation of social security in Ukraine is divided into three levels: - The first level of legal regulation covers regulations that apply to all countries, such acts include: the Charter of the United Nations, the Charter of the International Court of Justice, the Decent Work Agenda of the International Labor Organization, the Universal Declaration of Human Rights; - the second level of legal regulation covers regulations that apply to the regulation of a group of countries between which the relevant commonwealth or treaties between states, such acts include: North Atlantic Treaty, Maastricht Treaty, European Social Charter, Association Agreement between Ukraine and the EU ; - the third level of legal regulation covers regulations that apply within one country, such acts include: the Constitution of Ukraine, laws of Ukraine "On National Security of Ukraine", laws of Ukraine "On the principles of domestic and foreign policy", regulations of labor legislation (Code of Labor Laws, Laws of Ukraine "On Remuneration of Labor", Laws of Ukraine "On Holidays", Laws of Ukraine "On Labor Protection", etc.), regulations of Ukrainian legislation on social protection (laws of Ukraine "On subsistence level" "Laws of Ukraine" On Compulsory State Social Insurance in Case of Unemployment ", Laws of Ukraine" On Pension Provision ", Laws of Ukraine" On Compulsory State Pension Insurance ", Laws of Ukraine" On State Social Standards and State Social Guarantees ", laws of Ukraine "On compulsory state social insurance", etc.).

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