Evolution of the legal mechanism for providing partial unemployment benefits in Ukraine during 2012-2025

Abstract

Problem setting. The dynamic change in Ukraine’s legal mechanism for providing partial unemployment benefits between 2012 and 2025 was the result of the state’s response to internal and external factors affecting employment levels. However, this evolution was accompanied by the adoption of several regulations, not all of which were equally effective. The application of some of these regulations restricted individuals’ constitutional right to social protection in the event of job loss. Therefore, studying the evolution of the legal mechanism for providing partial unemployment benefits will reveal existing shortcomings in the current regulations and outline areas for improvement in the context of martial law and postwar recovery. Analyses of recent research. In legal science, the issue of partial unemployment benefits is primarily examined in the context of employment relations and social protection against unemployment by scholars such as V. Venediktov, P. Pylypenko, N. Khutoryan, R. Shabanov, O. Yaroshenko, and others. However, comprehensive scientific studies devoted to the mechanism of providing partial unemployment benefits are rare, making further scientific analysis relevant. The article aims to provide a thorough analysis of innovations introduced between 2012 and 2025 into the legal mechanism for providing partial unemployment benefits and law enforcement practices to compare them with the positions of the Constitutional Court of Ukraine and propose directions for its possible further reform in the context of martial law and post-war reconstruction. Article’s main body. This article provides an analysis of the evolution of Ukraine’s legal mechanism for partial unemployment benefits from 2012 to 2025. It examines changes in legislation, judicial practices, constitutional guarantees of the right to social protection, and the legal positions of the Constitutional Court of Ukraine. Particular attention is given to the transformation of the legal regulation of these relations in the context of systemic socioeconomic crises, particularly the introduction of martial law and the onset of the COVID-19 pandemic. The article argues that these benefits evolved from a formalized instrument mainly used to support employment among large employers into a universal social insurance mechanism for responding to emergencies and military challenges. Expanding the grounds for aiding and the circle of its recipients, as well as delegating powers to the government to detail the payment procedure, has proven to increase the adaptability of the social protection system. However, this has also highlighted the problems of legal certainty and consistency of legislative and subordinate regulation. Particular attention is given to analysing the judicial practices of courts during the period under review. The evolution of the courts’ approaches is noted to reflect a shift in the balance between the social function of the state and the need to ensure financial discipline in the field of compulsory state social insurance. Conclusions. The development of the legal mechanism for providing partial unemployment benefits aligns with the constitutional principles of a social state and the Constitutional Court of Ukraine’s legal positions on the essence of social guarantees and the protection of human dignity. Based on this research, proposals were made to improve the current mechanism, increasing its effectiveness, legal certainty, and compliance with constitutional social protection standards.