1. ВІДШКОДУВАННЯ МОРАЛЬНОЇ ШКОДИ У ПРАВІ СОЦІАЛЬНОГО ЗАБЕЗПЕЧЕННЯ
- Author
-
Н. О., Галузінський
- Subjects
SOCIAL security ,DAMAGES (Law) ,LEGAL sanctions ,LEGAL procedure ,SECURITIES industry laws - Abstract
The article is devoted to the study of theoretical and practical problems of compensation for moral damage caused to the authorized subject by illegal actions, inaction, decisions of the obliged subject in the field of social protection, and the evaluation of the effectiveness of the appropriate penalty in the law of social security. It is proved that, given the fact that sanctions in the law of social security are characterized by a special legal force, which consists in directing the termination of the offense / elimination of its consequences and obstacles that stand in the way of ensuring the interests of the participants of material and procedural relations in the law of social security, causing negative consequences for a person who has not fulfilled the obligation provided for by law or contract in the field of social protection, it can be said that compensation for moral damage belongs to the number of sectoral sanctions of the law of social security, although it has a civil legal nature. The article states that the spread of the application of compensation for moral damages in social security law is connected with the transformation of sectoral social relations and a change in the mechanism of their regulation, which is characterized by the emergence of multi-component intersectoral legal constructions, which, nevertheless, fully meet the purpose of legal regulation of sectoral relations - ensuring social security of the population. It was established that the absence of a direct indication of the possibility of compensation for the moral suffering of the authorized subject in the social security legislation does not limit the ability of citizens to apply to the court with a corresponding claim. In any case, when solving the issue of protection of the right to social protection, the mechanism established by Art. 56 of the Constitution of Ukraine, Art. 23 of the Civil Code of Ukraine. The article concludes that, given the subject composition of social protection providers, the actual effectiveness of compensation for moral damages in the law of social security still depends on the budgetary financing of the execution of court decisions guarante ed by the state. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF