ФIНАНСОВО-ПРАВОВI ЗАСАДИ НАДАННЯ ДОПОМОГИ ПО ДОГЛЯДУ ЗА ДИТИНОЮ ВIКОМ ДО ТРЬОХ РОКIВ

Abstract

The article is devoted to the study of problems of legal regulation of state social assistance for the care of a child up to three years of age. The legal regulation of providing social assistance to families has been analyzed. Proposals have been made to improve the social security legislation for child care assistance up to three years of age.

Before the Law of Ukraine "On Prevention of Financial Catastrophe and Creating Prerequisites for Economic Growth in Ukraine" was amended, the State provided assistance for the care of a child up to the age of three, which was one of the types of state. assistance to families with children. This law enshrined the right to assistance, in the amount at birth of the first, the child - 30960 UAH, the second - 61920 UAH and the third and each subsequent - 123840 UAH. However, as a result of the amendments to the law, the amount of assistance for the birth of a second, third and every subsequent child was reduced, thus violating the principles of the Constitution of Ukraine and international standards.

The Constitutional Court of Ukraine recognized as legal the decision to reduce the amount of assistance at birth. Emphasizing that child care assistance before the age of three, childbirth assistance and child adoption assistance are types of state assistance in the general social protection system. These payments are of ancillary and stimulating nature and are provided with the purpose of providing material support to families with children, creating the proper conditions for the upbringing and upbringing of children, protecting their interests in accordance with the social policy of the state in this field.

However, according to the author, taking into account the characteristics of the social state, the prescriptions of international acts, assistance at birth is a special element in the general system of social protection of the population, as it concerns the interests of the child, and even in the case of significant deterioration of the financial and economic situation should not reduce the size such assistance.

This shows that the state has failed to fulfill its social obligations towards individuals and undermines the principle of a person's trust in the state, which naturally leads to a violation of the principles of a social, legal state.