SOCIAL RIGHTS IN THE CONDITIONS OF WAR: THE CONCEPT AND THE JUDICIAL MECHANISM OF THEIR PROTECTION

Abstract

The article analyzes the essence of human social
rights, notes their fundamentality and, at the same
time, their problematic nature in modern conditions
among other constitutional rights. It is emphasized
that the importance of social rights and freedoms in
the system of basic human rights and freedoms is
caused by the fact that all other rights and freedoms
are valuable for a person only if he has sufficient
means of subsistence. There are also specific features
inherent exclusively to social rights, in particular, the
connection with the level of economic development of
the state; the presence of complex and extensive
legislation, which clearly regulates all procedures
related to the provision of social assistance,
implementation of social protection and social
security; less definiteness and clarity of wording
compared to civil and political rights. In addition, the
article substantiates the state's duty to create
appropriate conditions for the social development of a person, his social protection and social security in the aspect of observing his social rights despite the complication of the state's capabilities in the conditions of martial law. The priority of social rights among all human rights is noted, given the interest of citizens in the protection of this category of rights in court. The indicators of receipt and consideration of cases and materials by local administrative courts in 2022-2023 were studied, as a result of which a conclusion was drawn about the need to change approaches in the social security of citizens in modern conditions.

Key words: social state, social rights, judicial protection, social disputes, rule of law, human rights, social protection, social security.