Concept of social state in Ukraine: current condition and problems of implementation

Abstract

The article is aimed at analysing the theoretical, constitutional and legal bases of the social state, the ways of their improvement, as well as at searching for optimum ways to resolve controversial issues related to the social state development in Ukraine.
 Ukraine is still at the stage of building a social state therefore the issue is still relevant. The process is preceded by a number of factors. First, Ukraine is facing an economic crisis, second, hostilities are still continuing in the eastern Ukraine, and third, Ukraine has been facing a COVID-19 pandemic with quarantine restrictions being imposed.
 As a young country, Ukraine is still experiencing the imbalance of state, social and political interests. With that said the country needs to define and clearly regulate its development as a social state, so the issue is still relevant. At present, there numerous factors to be considered. First, Ukraine is facing an economic crisis, second, hostilities continue in eastern Ukraine, and third, Ukraine was affected by the COVID-19 pandemic requiring quarantine restrictions.
 Building a social state in Ukraine is impossible without ensuring full functioning of the rule of law mechanism. That is why ensuring the development and observance of the rule of law is an important factor in the social state formation in Ukraine. Therefore, the problems of Ukraine as a social state should be considered from the rule of law's perspective.
 An important means of ensuring the status of a social state consists in compliance with the constitutional principles in the social sphere. In this context the issue of ensuring sustainable implementation and observance of the decisions of the Constitutional Court of Ukraine also becomes relevant, as it becomes obvious that the appropriate position of this body with regard to social benefits does not create any obstacles to further violation of the Constitution in a similar legal situation. This practice of the state does not comply with the principles of the law-governed state, as a mechanism of a social state is a law-governed state itself, therefore it is necessary to make every effort to establish constitutional legality with relation to both lawmaking and law enforcement.
 On the way to approaching the European standards, Ukraine should focus on the state and legal aspect of social orientation. Such focus should also become a prority for deep socio-economic transformations in the country.