SOCIAL AND LEGAL CONTENT OF SOCIAL RISKS

Abstract

The article elucidates the modern social and
legal content of social risks, which are holistically
conceptualized within the framework of the doctrine of
social law as a specific type of risk in general. The
study clarifies the concept of risk. Risk, in general, can
be understood as an undesirable act or event, its
cause, probability, or statistical value, as well as a
decision made under conditions of critical future
uncertainty. In this sense, risk is the element of
uncertainty that arises in situations involving the
decisions and actions (or inactions) of persons
exposed to risk or exposing others to risk, as well as
events that create risky conditions. At the same time,
social risk is a type of risk whose consequences
negatively affect the social security of individuals and
the state. The author highlights the main features of
social risks in this article. Firstly, social risk is
predominantly a multifactorial situation, often
considered a “risk situation”, although these risks can
also be monofactorial. Secondly, social risk is a social
phenomenon that can have legal consequences,
particularly in the context of ensuring the social
security of individuals and the state. Thirdly, social
risks are determined by various factors that influence
the social security of individuals, the population, and
the state as a whole, exerting a complex impact on the
mechanisms for ensuring social security. Fourthly,
social risks are a stable systemic element of social and
legal reality. Fifth, social risks are deeply rooted in
the structures of society and its functioning. Sixth,
social risks are characterized by their overwhelming
insurmountability. However, this insurmountability
does not imply that these risks cannot be prevented or
overcome. Instead, it means that individuals facing
such a risk and finding themselves in a difficult life
situation typically cannot overcome this risk and its
consequences without the intervention of the state and
civil society actors. These entities must implement
social protection measures for such a socially
vulnerable person. The conclusions of the article
summarize the study's results, emphasizing the
importance of understanding social risks for ensuring
the social security and legal protection of the population and the state as a whole.

Keywords: legal consequences, risky situation, social law, social phenomena, social risks, social security, uncertainty.