CONSTITUENT ELEMENTS OF THE RULE OF LAW IN THE CONTEXT OF REALISATION OF THE RIGHT TO SOCIAL PROTECTION

Abstract

The article analyzes certain aspects of under-standing and interpretation of the rule of law principle concerning the application of its main elements in the sphere of social protection. It is established that the modern doctrine of the rule of law is quite stable, but due to the rapid development of all spheres of social life, it can acquire new meaningful characteristics, in-cluding in the plane of social protection. The authors have identified important points concerning the estab-lishment of the rule of law at both national and inter-national legal levels. Importantly, in the aspect of re-spect for the human right to social protection, criteria that affect the quality of the law can be identified, namely: on the procedure for developing and adopting quality laws; on the availability of executive and juris-dictional structures to ensure the application of legis-lation and the state of lawfulness in society, which is an assessment of the level of effectiveness in general. It is emphasized that in general it is possible to state observance of procedural questions at development and adoption of statutory acts in the sphere of social protection, however concerning the second criterion of quality of law it is necessary to pay attention to problematic aspects of duty of bodies in sphere of re-alization of the state policy of questions of pension and social security on a uniform approach in application of the law. At the same time, assessment of the compli-ance of decisions, actions or omissions of the relevant authorities with the requirements of the law remains a low priority, based on the massive number of social disputes being considered in the courts. The article also notes that adherence to the rule of law is possible only if the courts apply in their consideration and res-olution of cases of legislative act, complying with the criterion of the quality of law and that the condition of applying exactly the quality of law in resolving dis-putes in the field of social protection should also be applied to social policy authorities.
Keywords: social protection; social ensuring; social protection system; realisation of the right to so-cial protection; rule of law; criteria affecting the «quality of law»; social policy bodies.