COURT PRACTICE AS A GUIDELINE FOR IMPLEMENTING THE RULE OF LAW IN SOCIAL SECURITY LAW

Abstract

The article conducts an analysis of the essence of the rule of law to fulfill the crucial functions of a legal and social state through the lens of judicial practice as a guideline for the implementation of this principle in social security law. Emphasis is placed on the absence of a singular scholarly consensus on the definition of the concept of the "rule of law," and attention is drawn to the dual aspect of this term as an approach directed by the Basic Law, which enshrines the principle of the rule of law through the highest legal force of the Constitution of Ukraine. The presence of mandatory elements of the rule of law is noted, and examples of their interpretation in judicial practice are provided. The article also explores the indicators of case filing and consideration in the administrative courts of Ukraine in the field of social security during 2019-2022, noting their increase during the studied period. It is elucidated that the doctrine of the dominance of the rule of law in national legislation regulating social security, considering the analysis of decisions of the European Court of Human Rights (ECHR), plays a significant role in the process of Eurointegration. Emphasis is placed on the necessity of ensuring fair protection of violated rights through recourse to the courts.

Keywords: social state, rule of law, elements of the rule of law, ECHR, legal state, human rights, judicial practice, social security.