The content and specifics of the principle of guarantee in social security law

Abstract

Problem setting. The principle of guarantee is a very important principle of the field of social security law, an integral element of the entire system of its principles, a logical continuation of the legal requirements of all other principles, their addition. It is thanks to the action of this principle that social security law acquires the attributes of reality, can be considered as a full-fledged regulator of social security relations. After all, the principle of guarantee contains its own set of elements, means, conditions that allow to embody abstract regulatory and legal provisions, declared social security rights into the reality of social relations. Guarantee is an imperative, the most generalized legal requirement that gives the field of social security law signs of enhanced protection by the state, such properties that allow to assert that social values, benefits that are the subject of social security legal relations, constitute significant legal and state significance. Analyses of recent researches and publications. The principles of social security law in general, and the principle of guarantee in the field of social security in particular, were studied by such scientists as O. O. Bogdanova, K. V. Borychenko, T. Z. Garasymiv, K. V. Hnatenko, O. O. Duma, S. V. Kudlayenko, O. L. Kuchma, M. I. Inshyn, O. V. Moskalenko, I. Yu. Khomych, T. Yu. Khrenova, O. G. Chutcheva, O. M. Yaroshenko, and others. Article’s main body to investigate the content and specifics of the principle of guarantee in social security law Conclusions and prospects for the development. It is concluded that the social security legislation of Ukraine enshrines an overly narrow concept of understanding guarantees of social rights, there is a lack of a more comprehensive approach to clarifying the construction of the entire system of social security guarantees, determining the place of each of them, as well as proper regulation of its specifics. It is noted that when determining the content of guarantees as a category of social security, it is worth first of all realizing that this is a category that is closely related to the implementation of the subjective right to social security. Since guarantees in the field of social security are, first of all, guarantees of the implementation of the right to social security, its protection and defense. Guaranteed social security is defined as the state of effective functioning of the system of social security guarantees, as well as a positive subjective assessment by a specific person or society as a whole of the level of effectiveness of those means, methods and techniques that are designed to ensure the implementation of the subjective right to social security. And the principle of guaranteed social security law is a principle that defines the requirement for the mandatory establishment in the state of a system of interrelated objective and subjective factors, the content of which is made up of conditions, means, methods, techniques that, in their interaction, ensure the high-quality and full implementation of the human right to social security, if necessary its protection and defense. It is noted that despite the fact that a number of regulatory legal acts regulating social security relations enshrine the provision that «the provision of social security (of its appropriate type) is guaranteed by the state», none of them enshrines an exhaustive understanding of the system of those means and conditions by means of which such guaranteeing takes place.