JURIDICIAL FACT OF THE SOCIAL PROTECTION GROUNDS DEFINITION

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JURIDICIAL FACT OF THE SOCIAL PROTECTION GROUNDS DEFINITION

Journal Title: Право та інноваційне суспільство - Year 2016, Vol 6, Issue 1

Abstract

Problem setting. Legal relationships in the social protection field are a type of public relations and special form of the social protection right enforcement. They are a great group of legal relations in our country. At the early stages of the birth the people’s association (families, tribes and communities) had to think about the disabled, especially children and women. Later this concern extended to the elderly and disabled people. The law appeared with the emergence of the state, and gradually began to interfere with the natural process of mutual help to people in the case of difficult life situations. The study examined the juridical facts of social protection grounds. Target of research. The purpose of the article is to study the juridical facts of social protection grounds, that specifies by the need for special protection status of this category of people, by the especially of its content, by the developing of recommendations for a reasonable settlement of this issue. Also the aim of the article is to analyze the legal regulation of the social protection grounds by the laws of Ukraine and provisions of international law. Analysis of recent research and publications. The social protection issues have been studied by such famous scholars as Andrushko A. V., Bakirov V. S., Bondar I. K., Goncharuk L. I., Demyanyshyn V., Eremenko V. V., Kotyuk V. O., Krasavchykov O. A., Krupnyk A. I., Lazor V. V., Pylypenko V. E., Podshivalkina V. I., Prylypko S. M., Protsevskiy O. I., Stashkiv B. I., Chanysheva G. I., Yaroshenko O. M. and others. Article’s main body. Social protection holds a prominent place in social policy. As the state activity the social protection refers to one of the areas of social policy, along with such as employment, health care, housing policy, education and so on. In terms of Ukraine’s transition to a socially oriented market economy the social protection become the main task of the state. The social protection should provide the access to the fundamental new standards of human life through the maximum efficiency of social protection programs. The key moment is to carry out an effective incomes policy, to overcome the profound property differentiation not by limiting income of many families, but overcome the poverty. Social protection should be considered as a system of economic, social and legal relations of society social risks management to eliminate its adverse effects and to provide the adequate living standards. The system considers as the focused set of interrelated elements and relationships between them. Conclusions and prospects for the development. The right to social security enshrined in the Constitution of Ukraine, it’s the part of the legal status of the person, and it’s the element of its capacity. Subjectively, the right to receive a certain type of social care exists only in material social protection relationship arising under the provisions of the current legislation. Therefore the develop of the current legislation that provides the social care relationships’ grounds, the creation of the social security system are the guarantees of the social security right proclaimed in the Constitution of Ukraine.

Authors and Affiliations

А. L. KLYMENKO

Keywords

legal fact. social protection. social policy. financial aid.

EP ID EP460145
DOI -
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