Theoretical characteristic of the state as a subject of social security law
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the article the concept of the state as a subject of social security law is defined. The essence and meaning of it are investigated. Characterized by the features of the state as the subject of social security law. It is summarized that the state as a subject of the right to social security is a special sovereign territorial form of grouping of a society that carries out the tasks of social security and which, in the right of social security, is a subject, possessing subjective legal rights and obligations and branch legal status, carries out purposeful activity, is capable of producing, expressing and fulfilling the will and having the opportunity to participate in the legal relationships of social security. The sign of co-ordination is the first of the distinguished competence attributes, which consists in the participation of the state in the right of social security by ensuring the coordination of an extensive system of bodies set up by the state to carry out its functions. This characteristic is similar in nature to a personified person, because it also consists in the fact that the rights and obligations of the state as a subject of social security rights are distributed between the system of bodies specially created for the performance of its functions. The difference lies in the fact that the state not only distributes functions between the authorities, but coordinates their joint activities in such a way that each of them was a specific element of one system. It is a sign of coordination that allows us to consider the state as the subject of social security law in the unity of its elemental composition. The sign of the security of the state as the subject of social security law is that, if there are grounds, the state as a subject of social security law provides social welfare services to the population that are in accordance with legally established forms. Isolation of this feature is carried out on the basis of the analyzed classification of the subjects of the right of social security. We have established that the state belongs to a group of entities providing various types of social security, which constitute a complex of material, legal, medical, rehabilitation and other measures for individuals in difficult living conditions and in need of out-of-pocket help. It is summarized that unlike other parties to the law, the state is a complex subject, whose structure is shaped by a system of specially created bodies, between which its competence is distributed. This is precisely why we can explain the low level of attention to this issue in the scientific literature, because domestic scientists mainly consider each element of the system of state social security as an independent unit.
Authors and Affiliations
Oleh Denega
Keywords
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