Pryznachennia trudovoho prava ta prava sotsialnoho zabezpechennia

Abstract

In the field of social law, the problem of the purpose of labour law and social security law is covered, which is understood through its spirit, meaning and value. It is emphasized that the change of philosophical-axiological, socio-economic and political-legal paradigms of society, de-Sovietization of labour law and social security law, the search for balance of interests between employee, employer and the state, the principle of solidarity as a basic principle of compulsory social insurance, the responsibility of the state for the effective functioning of the social security system requires a revision of the content of the main approaches to their interpretation and understanding. Attention is drawn to the fact that the most important task of de-Sovietization of labour law and social security law is to prevent the liquidation of the welfare state, i.e. to remove social protection functions from the state and provide for those who cannot earn a living and maintain an acceptable standard of living. It is substantiated that simultaneously with the transformation of relations in the field of labour there are interrelated changes in the legal regulation of relations on social security. Thus, it is noted that modern realities influence the new perception of social security, through the prism of mutual obligations of both the state and the population. This applies to formal employment, payment of «white» wages, payment of insurance premiums, and so on. It is emphasized that the main purpose of social security law is to create such legal norms that will be aimed at ensuring a sufficient standard of living. An important role in this is played by a stable, socially-oriented economy, because social support of the population, as a rule, is realized through the allocation of appropriate funds. It is concluded that the purpose of labour law and social security law, their social value, is to regulate labour and social security relations in order to give them a clear direction to create the necessary conditions for the realization of individual rights and freedoms through the state position on legal instruments of social protection. The state position in social law should be aimed at ensuring that the law provides social protection, addresses issues of social tension in society between different socio-demographic groups and the state.