The right to social assistance in the conditions of the presentation: scientific and theoretical aspects

Abstract

The article reveals the issues connected with the legal characteristic of the right to social assistance in the present conditions. The peculiarities of the formation of the right to social assistance through the prism of the right to social protection are analized. The key role of social assistance among types of social security is noted. The article emphasizes the need to take into account European social standards in shaping the latest system of social benefits. The emphasis is put on certain types of state and social insurance assistance. The basic tendencies of development of the legislation on social assistance are discussed.It is noted that the right to social assistance is a complex, systematic social right which includes the possibility for a person to receive financial support in the form of a cash in the event of full, partial, or temporary loss of disability, loss of breadwinner, unemployment from circumstances independent of them, as well as in old age and in other cases, in the manner prescribed by law. The main features of the right to social assistance are as follows: complex and systematic social rights; stems from the content of the right to social protection; functions in state and non-state social protection and social insurance system; the object is social assistance and its individual types; entitled persons are mainly socially vulnerable categories of persons who can not independently provide their livelihoods on an adequate level; as a rule, guaranteed when the person is not entitled to a pension; subject mainly to legislative regulation, a special place in which belongs to the law on the State Budget for the relevant year; characterized by the existence of specific mechanisms for implementation, guarantee and legal protection; determined, as a rule, in relation to the subsistence minimum; to be monitored, supervised and controlled.It is obvious that in the current situation, an important social strategy should be further harmonization of the size of the subsistence minimum with a sufficient standard of living, which will ensure the proper level and quality of life of eligible persons, including by agreeing the subsistence minimum for able-bodied and disabled people to a higher level.In the context of the reform of social protection, the reform of social assistance should be carried out through the prism of reforms of the system of state social protection; reforms of the social insurance system; development of non-state social protection; increasing the effectiveness, efficiency and accessibility of the right to social assistance; systematization and codification of legislation on social protection.The main tendencies of legislative provision of the right to social assistance are as follows: organization of systemic economic reforms; organization and implementation of social protection reform, taking into account international and national experience; ensuring the effectiveness, accessibility and effectiveness of implementation mechanisms, guaranteeing and legal protection of the right to social assistance and its separate types; implementation of state and public support; the latest systematization and codification of legislation on social protection; introduction of effective monitoring, supervision and control. In this aspect, the issue of elaboration and adoption of the Social Code of Ukraine as a single, codified law, which has a complex regulation of relations in the field of social security (social protection), including social assistance, is of great importance.Article received 10.07.2018