Petrosyan K. Ensuring the Principle of Rule of Law in the Implementation of Constitutional Right to Social Protection

Thesis for the Doctor of Philosophy degree in specialty 081 «Law». Volodymyr Dahl East Ukrainian National University, Ministry of Education and Science of Ukraine. – Kyiv, 2024. The research investigates the principle of supremacy of law in the context of realizing the constitutional right to social protection. Based on the analysis of the concepts of "social security", "social protection", "social security", and "the right to social protection", the study argues that the term "social protection" is more widely used in national legislation and encompasses "social security" but is not limited to it. In the aspect of ensuring the principle of supremacy of law in social security law, social protection is a complex (system) of economic, social, and organizational measures implemented by the state on the principles of equality and justice. The aim is to guarantee each individual the right to a minimum necessary standard of living in the form of support in the presence of social risks and unforeseen circumstances of economic, physiological, and demographic nature. The constitutional right to social protection, in the aspect of the principle of supremacy of law, has a natural-legal character (it belongs to a person from the moment of birth and must be recognized and guaranteed by the state). The author identifies the following stages of development of national legislation in the field of social protection, social security, and provision of social services in independent Ukraine: Stage 1 (1991-1996): Formation of an independent national system of social protection and social security, development of acts that established state social guarantees for privileged and socially vulnerable groups of the population. Stage 2 (1996-2003): Development and modernization of the social protection and social security system, transition to a multi-level model of pension insurance. Stage 3 (2004-2013): Reform and improvement of the social protection and social security system; strengthening of European integration processes. Stage 4 (2014-present): Implementation of the Association Agreement with the EU and introduction of European social standards; digital transformation of the social sphere; pandemics and introduction of martial law, operational and emergency response to threats; involvement of representatives of the non-state sector in the provision of social services; planning of the transition period after the termination of martial law and the period of post-war recovery. Stage 5 (prospective): Post-war recovery and Ukraine's accession to the EU; implementation of a new model of social policy and an integrated strategy of social protection, taking into account the specific status of certain categories of the population. The thesis substantiates the necessity of forming a new paradigm of the Social Code of Ukraine. It is stated that a separate section of the General Part of the Code should be "Principles of Social Security Law", which will consist of subsections "General (Universal) Principles" and "Industry Principles". The principle of the rule of law should be attributed to the subsection "General (Universal) Principles". The principle of social responsibility should be attributed to the subsection "Industry Principles".