EXERCISE OF THE RIGHT TO SOCIAL PROTECTION BY INTERNALLY DISPLACED PERSONS: IN THE ASPECT OF PROVIDING THE PRINCIPLE OF THE RULE OF LAW

Abstract

The article analyzes international and national legal acts, as well as data, including statistics on certain aspects of the implementation of the right to social protection, including the legal provision of protection of internally displaced persons (further - IDPs). It is noted that with the beginning of the armed aggression of the Russian Federation in 2014, in Ukraine appeared people who were forced to leave their places of permanent residence and move to other regions of the state in order to avoid the negative consequences of the armed conflict. Official statistics on the number of unaccounted-for IDPs from the temporarily occupied territories of Donetsk and Lugansk regions and the Crimea, and particles including retired persons once again highlights the need to study the issue of the rights of internally displaced persons to social protection and develop-ment of effective mechanisms to improve the legal framework, enshrining the rights and freedoms of internally displaced persons in terms of ensuring the rule of law. It is stated that in terms of ensuring the principle of the rule of law, the right to social protec-tion has a natural and legal nature, ie belongs to a person from birth, and therefore should be recog-nized and guaranteed by the state. Emphasized the indivisibility of the rule of law with such concepts as demokratiya and human rights, including the right to social protection. The authors clarify the important points of defining the concepts of "social protection" and "social security" and identify three main compo-nents of the social protection system. The authors noted that a number of features in the right to social protection in armed conflict in Ukraine internally displaced persons, in particular: firstly, stated that the right to social protection of internally displaced persons in attitudes depending on the presence of that person's help to confirm this status; secondly, it is emphasized that in order to exercise his constitu-tional right, a person must open an account exclu-sively with the Sberbank; thirdly, it is established that the current legislation provides for the obligation of an internally displaced person to periodically under-go physical identification in a bank institution; fourthly, in case of non-compliance with the estab-lished conditions, a person is subject to restrictions in the exercise of his right to social protection by suspending social benefits, which violates the princi-ple of the rule of law.
Key words: social protection, social security, social protection system, realization of the right to social protection, principle of rule of law.