МІЖНАРОДНІ СТАНДАРТИ СОЦІАЛЬНОГО ЗАХИСТУ ТА ЇХ КОНСТИТУЦІЙНІ ГАРАНТІЇ В УКРАЇНІ

Abstract

The Constitution of Ukraine stipulates that Ukraine is a democratic, social, law-based state. The main goal of a social state is to promote social progress based on the principles of social equality, common solidarity and mutual responsibility. International legal regulation of relations in the field of social protection has a significant impact on the national legislation development. Moreover, Ukraine is still at the stage of formation of its own criterion of the social state. In most cases, legislation in this area is still declarative. Therefore, the key question is considered to be the necessity to review, analyze and constitutionally and legally characterize international standards in the field of social protection for the purposes of further incorporating the conceptual provisions of international legal acts in the legislation of Ukraine.

The peculiarity of international legal regulation of relations in the field of social protection is the specific legal way by which such regulation is realized. It is about social standards and social standardization as a special kind of function of the state. The realization of human rights requires the establishment of certain minimum standards at the state level as fundamental indicators for determining its level of ensuring. The basic universal forms of social ensuring law include the following international acts: Universal Declaration of Human Rights (1948), International Covenant on Economic, Social and Cultural Rights (1966), Declaration on Social Progress and Development (1969), Declaration of the Rights of the Child (1959), The United Nations Convention on the Rights of the Child (1989), and the larger list of conventions and recommendations by the International Labor Organization.

Adaptation of Ukrainian legislation to international standards is a planned process. Taking into consideration that Article 46 of the Constitution stipulates the right of citizens for social protection, including the right for their protection in case of complete, partial or temporary disability, loss of a breadwinner, unemployment under the circumstances irrespective of them, right to old age and in other cases provided by law, that is an integral human right and occupies a key position in everyday life, for ensuring purposes, the state must create all the necessary conditions by improving the effectiveness of governance in all spheres of public life.