The primary principles of social protection in the context of social risk

Abstract

The article elucidates the inherent nature, structure, and substance of the foundational principles underpinning social protection in Ukraine, especially within the purview of social risk. These principles form the bedrock of the legal mechanisms governing social protection. A salient discovery is that Ukraine's legal mechanism for social protection operates under a dual- principled framework: the primary, universally acknowledged legal principles and the specialized principles, predominantly the principles of social protection. The overarching legal principles serve as cardinal ideas that enable the aforementioned mechanisms to seamlessly integrate and evolve within Ukraine's legal infrastructure. This ensures that there are no inadvertent risks to the prevailing legal framework in general and particularly in the social domain. The principles of social protection are pivotal, guiding the functioning and evolution of the associated legal mechanisms, particularly in alignment with the objectives of social law and, more specifically, the goals of social protection. Two primary facets underscore this prominence. Firstly, these principles provide depth to the overarching legal principles, contextualized within the realm of social protection and the broader social existence of individuals, society, and the state. This context is notably susceptible to the challenges posed by social risks. Secondly, they serve as the foundational tenets of the aforementioned legal mechanism. This underscores their role as core guiding concepts in the formulation, execution, and enhancement of this legal mechanism's operations. The primary special principles of the legal mechanism for social protection, within the context of social risk, encompass the subsequent principles of social protection: the principle of humanistic social justice; the principle of universality and accessibility; the principle of consistency and complexity; the principle of resocialization; the principle of adaptability; the principle of targeted social protection; and the principle of reliability. The article's conclusions consolidate the research findings, emphasizing that the principles of social protection are both a cornerstone of social law and the foundation for the establishment, refinement, and functionality of Ukraine's legal mechanism for social protection. This understanding is paramount when considering the socio-legal phenomenon of social risk.