TO THE PROBLEM OF DEFINITION OF «SOCIAL SECURITY LAW SUBJECTS» CONCEPT
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. Development of Ukraine as legal state with socially-oriented market economy, involvement to the European and world integration processes are inextricably linked with the reform of the social security system. State social security system gradually turns into the system where the administrative and financial responsibilities are shared between the state, individuals and employers. Target of research. In modern terms the person ceases to be an object of public charity and bear individual responsibility for their future social benefits. So today is the need to define the concept and nature of social security law subjects because, analyzing doctrinal studying and scientific literature, there is no single approach to determine mentioned legal categories. Analysis of recent researches and publication. Some issues of concept and nature of social security law subjects have been studied by soviet and ukrainian scholars, among them: V. S. Andreev, E. I. Astrakhan, V. A. Acharkan, A. N. Egorov, O. D. Zaykin, M. L. Zakharov, N. B. Bolotina, S. M. Sinchuk, N. M. Stakhovska, B. I. Stashkiv, L. I. Spiridonov, I. M. Yakushev, P. M. Rabinovich, O. F. Skakyn, V. S. Nersesyants, N. L. Granat, M. L. Zakharov and others. Aricle’s main body. The article summarizes the scientific approaches to the definition of «social security law subjects». It clarifies the nature of social security law subjects; it investigates the features of social security law subjects. It is noted that the legal status of the social security law subjects determined by the provisions of the Constitution, international treaties and other legislative acts of Ukraine on social security and national regulatory decisions of local referendums, acts of social partnership, local regulations, court decisions. Conclusions and prospects for the development. So, considering the concept of social security law subjects, we can conclude that today there is no single approach to the definition of this concept. Social security as a branch of law today is quite problematic, because there is no codified legal act that would define the principles, concepts and subjects of social security law. In our opinion, to overcome this problem it’s necessary to organize social security law through the codification, and to reflect the main general theoretical aspects of social security law in the code. Such attempts have been occurred, but they were unsuccessful because the draft code had a lot of flaws and does not withstand scrutiny. In this connection we support the scientists who believe it necessary to create authorized body on codification of legislation of Ukraine – a specially authorized Commission as a joint body of the Ministry of Justice of Ukraine and the Ministry of Social Policy of Ukraine. This approach will help to consolidate efforts of professionals of social security field for effective codification work.
Authors and Affiliations
G. O. Yakovleva
Keywords
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