REALISATION OF CITIZENS’ RIGHTS IN THE SOCIAL SPHERE THROUGH THE PRISM OF THE RULE OF LAW

Authors

DOI:

https://doi.org/10.33216/2218-5461/2023-46-2-11-20

Abstract

The article, based on the analysis of scientific positions, international and national normative legal acts, states that a productive approach to the interpretation of the rule of law is its definition through a system of important interconnected principles (general, interdisciplinary, sectoral) and elements (components) of the superprinciple itself. It was found that the principle of the rule of law is the main characteristic of a modern social legal state, in which human rights and social security are components of freedom based on laws and the rule of law. It was noted that the social protection system itself is a mechanism that should respond to threats and risks (COVID 19, war, martial law or post-war recovery, etc.) that occur and affect the provision of citizens. These risks have shown that countries have already developed comprehensive social protection systems. At the same time, there are significant subregional differences, legal gaps and insufficient effectiveness of coverage of citizens in the field of social protection, which is noted in articles and reports of international organizations.
The analysis was carried out and the author's classification of normative legal acts aimed at the social security of the population, which were adopted in the first year of the full-scale war with the Russian Federation, was provided. On the basis of the analysis, a conclusion was drawn regarding the insufficient sustainability and universality of the entire social protection system, given that more than half of the acts were acts of crisis, although sufficiently operational response.

Key words: principle, rule of law, realization of citizens' rights, social sphere, social standards, COVID 19, martial law, social protection.

Author Biography

O.S. Arsentieva

Кандидатка юридичних наук, професорка, декан юридичного факультету Східноукраїнського національного університету імені Володимира Даля

Published

14.12.2023

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Section

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