The essence and features of the national legal mechanism for implementing the social function of the state

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DOI:

https://doi.org/10.61345/1339-7915.2025.1.4

Ключові слова:

social function, state, national legislation, social security law, social legislation, social human rights, social policy, social security, civil society, realization mechanism

Анотація

The article provides a thorough analysis of the essence and features of the national legal mechanism for the implementation of the social function of the state. It is established that the national legal mechanism for the implementation of the social function has a multifaceted structure that combines elements of legal regulation, social services, as well as social protection and security.

Various scientific positions on determining the components of the mechanism for the implementation of the social function of the state are analyzed. The importance of a clear distinction between the mechanism for legal security and the mechanism for implementation is emphasized, taking into account the specifics of action in the field of social rights. It is substantiated that the structural elements of the national mechanism must correspond to the specifics of the social sphere.

It is revealed that the most important element of the mechanism is the norms of law that determine the rights, obligations, directions of the state’s activity in the field of social policy and responsibility for violation of social standards. The role of the Constitution of Ukraine, the Labor Code, and the Law of Ukraine “On Social Services” in the context of the implementation of the social function is analyzed.

A list of features of the national legal mechanism for the implementation of the social function of the state is outlined, and the specifics and essence of each of them are described in detail. The article emphasizes that ensuring the proper implementation of the social function of the state requires high quality law-making activity of the legislator, effective work of state authorities and local self-government, improvement of social legislation and law enforcement practice in general.

It is concluded that the national mechanism for the implementation of the social function of the state completely depends on the quality of regulatory activity in creating regulatory legal acts and the effectiveness of the selected methods of implementation in meeting the social needs of the individual.

Посилання

Okolko I.G. Mechanism for the implementation of social, economic and cultural rights and freedoms of man and citizen in Ukraine. Economics, Finance, Law, 2019. No. 2/1. P. 21–24.

Borychenko K.V. The concept of the right to social protection. University scientific notes, 2016. No. 3. pp. 301–309.

Razmetaeva Yu.S. Doctrine and practice of human rights protection. Kyiv: “FOP Golembovska O.O.”, 2018 364 p.

Constitution of Ukraine: Law of Ukraine dated 28.06.1996 No. 254k/96-VR. Bulletin of the Verkhovna Rada of Ukraine (VVR). 1996 No. 30. Art. 141.

Code of Labor Laws: Law of Ukraine dated 10.12.1971 No. 322-VIII. Bulletin of the Supreme Soviet of the Ukrainian SSR. 1971. No. 50.

On social services: Law of Ukraine dated 17.01.2019 No. 2671-VIII. Bulletin of the Verkhovna Rada of Ukraine. 2019. No. 18. P. 5.

Gumenyuk I.O. Theoretical issues of codification of legislation on social protection. Scientific notes of the Institute of the Verkhovna Rada of Ukraine, 2012. No. 5. pp. 133–135.

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Опубліковано

2025-06-06

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