КОНСТИТУЦІЙНЕ ЗАКРІПЛЕННЯ ПРИНЦИПУ СОЦІАЛЬНОЇ ДЕРЖАВИ В УКРАЇНІ

Abstract

The article is devoted to the analysis of the constitutional and legal regulation of the principle of the welfare state. The concept of the welfare state as a part of the state system and the influence of social orientation on the development of state policy is considered, the essence of the welfare state and its features are determined.

It was with the adoption of the Constitution of Ukraine that a new stage in the development of Ukrainian constitutionalism began in the direction of studying the nature of the modern welfare state. A comprehensive study of the interaction of society, man and the state in the context of protection of human dignity, honor and its social protection is the key to developing effective mechanisms for implementing the constitutional principle of the welfare state. In this sense, the main problem was to determine the essence of the welfare state, to establish the nature of the state's activities to ensure social rights.

In our opinion, the most successful and concise is the understanding of social rights as those that provide a decent standard of living and social security. In  addition, their implementation has led to the emergence of new terms: "welfare state", "social protection", "social obligations of the state", "social guarantees". All of the above required thorough research, in particular the welfare state as a scientific category, as well as the content, forms and mechanisms for ensuring social rights, especially the right to social protection. Today, Ukraine is still in the period of formation and gradual development of the principles of the welfare state enshrined in the Constitution.

The welfare state can effectively develop and implement the principles enshrined in the Constitution only if the active participation in all social processes of three equal actors: the state, society and the individual. The state is called to regulate public relations so as to achieve the most effective level of implementation of social security and social protection of its citizens. It is through the constitutional normalization of social rights and freedoms and through the realization of these rights that a certain standard of living of citizens, satisfaction of their material and spiritual needs is ensured.

It should be noted that the rights, freedoms and responsibilities of a person and a citizen enshrined in the Constitution of Ukraine, their breadth, reality, guarantee reproduce not only the actual and legal status of a person in society, but also the essence of democracy in the country. At the legislative level, it is necessary to regulate social rights in detail, to bring their content to the maximum specification, which would ensure their fullest implementation. The list of social rights enshrined in the Constitution of Ukraine can be transformed into real social programs. But only if the fundamental principles of the rule of law and the principles of humanism are realized, they will be realized.