Правовые принципы социального предпринимательства. Часть 1

Abstract

The article examines an important component of social and legal relations - a social service, which was previously largely regulated by the law of social security. It was revealed that the development of social institutions testifies to the penetration of economic relations into the social sphere. The paper proposes to consider the provision of social services, taking into account the organization of their provision and the peculiarities of legal ties between entities, a special category of social entrepreneurship. In order to analyze sectoral concepts on the example of the principles of law, the logical method and the method of system analysis, a conclusion was made about the combination of private and public principles within the framework of legal regulation of the provision of services and social protection of citizens in need. These positions are presented through the basic provisions of the principles of legal regulation, enshrined in public and private branches of law. The principles of constitutional, administrative, civil law are touched upon, the principle of their interaction is proposed. Conclusions are made regarding the peculiarities of the emergence of the principles of public and private law in relation to the institution of social entrepreneurship. The principles that should become basic in the formation of relations in the system of rendering social services have been identified and analyzed. It is concluded that such principles as the principle of legality, recognition of the diversity of forms of ownership, the principle of a single economic space, the principle of freedom and the principle of equal opportunities for all to engage in any kind of activity are fundamental, fundamental for social entrepreneurship. It has been substantiated that the most significant principles of social entrepreneurship, predetermined by its legal features, include the principle of balance between private and public interests, the principle of the priority of human rights and freedoms, the principle of balancing the interests of entrepreneurs and the interests of society, a citizen in need of social protection.