Fairness is a key principle – rights of social security

Abstract

Problem setting. Justice is a universal human value, the foundation of the progressive development of the state and its institutions, civil society, a guarantee and indicator of the legal protection of the individual, in connection with which there are objective international legal, national, social, political and legal prerequisites for the need to develop problems of justice, in particular in the law of social security. The principle of justice is one of the leading principles in the field of social security law. And this is not by chance, because the development of this area of law is aimed primarily at establishing social justice in society. It is precisely the manifestation of justice that is the protection of vulnerable categories of persons, providing them with support in the event of difficult life circumstances, which makes it possible to balance opportunities for the development of each member of society and make an equal contribution to state and public life by all, achieving a decent level of well-being. At the same time, establishing justice in this area is not a simple task, since it consists in the constant search for optimal indicators of social justice, developing its corresponding model.

Analyses of recent researches and publications. General issues of the system of principles of social security law, including the principle of justice, were the subject of research by such scholars as V. Andreyev, N. Bolotina, T. Garasymiv, K. Hnatenko, V. Goncharov, P. Korneva, V. Kostyuk, O. Moskalenko, P. Pylypenko, I. Syrot, V. Sokurenko, B. Stashkiv, I. Khomych, K. Fedchyshyna, L. Shumna, I. Yaroshenko, O. Yaroshenko, and others.

Article’s main body. Research into the principle of justice as one of the leading principles of social security law. After all, the study of social justice issues plays a significant role in legal science, providing a basis for a deeper understanding of the value of a person, his life and dignity.

Conclusions and prospects for the development. The principle of justice in social security law is defined as the most generalized legal requirement that reflects the model of ensuring equality in society, the distribution of material and non-material benefits in it, the formula for taking into account the individual qualities of each individual, his capabilities, abilities, activities and achievements in the further distribution of social benefits and satisfaction of his needs, which are perceived and recognized by society, ensure social harmony, as well as the formation and fulfilment of legitimate expectations. It is noted that today the quality of legal regulation of social security in Ukraine, its form and content necessitate the recognition of the distortion of the principle of justice in this area, its inadequate understanding primarily at the national level, total formalism in attempts to implement the above principle in the reality of social security relations. Problems in the implementation of the principle of justice in the field of social security are outlined and ways to solve them are proposed. In particular, the principle of justice in social security law should be unambiguously enshrined in regulatory legal acts – sources of social security, in particular, its structure and manifestations should be enshrined textually. At the same time, it is important to comprehensively involve the public in improving the current regulatory legal regulation of social security, conducting public discussions of draft laws in the field of social security. Also, solving the problem of establishing the principle of justice in social security law, supporting other researchers, attention is focused on the urgency of systematizing social security legislation.