1. ОСНОВОПОЛОЖНІ ПРИНЦИПИ ПРАВА ТА ПРИНЦИП СОЦІАЛЬНОГО ЗАБЕЗПЕЧЕННЯ ГІДНОГО РІВНЯ ЖИТТЯ ОСОБИ.
- Author
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Галушко, О. І.
- Subjects
SOCIAL security ,JUSTICE ,SOCIAL & economic rights ,STANDARD of living ,SOCIAL justice ,DIGNITY - Abstract
The article explores the fundamental principles of law and the principle of social security for ensuring a decent standard of living for individuals, viewed through the lens of implementing foundational ideas that form the basis of the legal system. These ideas are reflected in the guiding requirements for shaping the foundations and legal values that ensure an individual's right to social security at a level that guarantees dignified living conditions. The emphasis is placed on the fact that everyone's right to social security, as a natural human right, is a category of subjective rights and, at the same time, aligns with the fundamental principles of law. The interconnection between the fundamental principles of law and the principle of social security ensuring a decent standard of living for individuals is reflected in a legal relationship, according to which: 1) the fundamental principles of law embody socially and genetically formed values, which, interacting with each other, form the basis for the general regulation of social relations, acquiring sectoral interpretation within social security legal relations; 2) the principle of social security ensuring a decent standard of living is a fundamental principle of the corresponding branch of law. It stems from the fundamental principles and serves as the foundation for the entire field of social security law, with its social-value orientations regarding the value of human dignity and its materialized standards for meeting social needs and achieving social well-being for indivi duals. The interaction between the principle of social security ensuring decent living conditions and the fundamental principles of law is reflected in the following: 1) the principle of humanism is based on the recognition of human dignity as an inherent natural and social value, emphasizing the fundamental nature of the right to social protection as an objectively social right; 2) the principle of the rule of law is characterized by the recognition that the right to social security is a defining factor and criterion for the state's activities aimed at guaranteeing and protecting human rights and freedoms. The realization of this right should take into account a reasonable balance between the interests of the individual and the state as guarantor; 3) the principle of freedom envisions the social self-realization of individuals, including the fulfilment of obligations in the field of social security, ensuring inclusivity and barrierfree access to the right to shape one's own social well-being; 4) the principle of equality prohibits any discriminatory restrictions that may affect the content and scope of an individual's right to social security; 5) the principle of justice/social justice is oriented towards the solidarity-based distribution of public funds allocated for social purposes, with the exclusive application of objective criteria. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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