LEGAL SIGNS OF THE RIGHT TO NON-STATE SOCIAL SECURITY

Abstract

The article draws attention to the fact that one of the modern trends in the development of social security law as an independent branch of law is the expansion of the boundaries of its subject by including new ones in the circle of social relations that form it, which are relations of non-state social security. The complex nature of the right to social protection is proven, which allows non-state social security to be considered as part of it (component, element, etc.). It is one of the basic human rights, it comes from the fundamental right to life, it is positive, not natural. It is noted that the right to non-state social security belongs to everyone, as well as the right to social protection in general (and not only to citizens, as stated in Article 46 of the Constitution of Ukraine). It is established that the investigated right is extraterritorial. A conclusion is made about the dualistic nature of the studied right, because, first of all, it satisfies the interest of an individual, which consists in eliminating or reducing the negative impact of social risk, or preventing its occurrence; in addition, at its expense, the social function of the state as a whole is carried out and the basis is created for the possibility of demanding social protection from obligated subjects. It is proved that the right to non-state social security at the current stage of development of the social protection system in Ukraine is characterized by: individual nature (however, it can also belong to the family if the family as a whole is granted a special legal status), mixed legal nature with the dominance of public foundations, property foundation. This right is exercised in order to prevent, eliminate, and reduce the negative impact of social risks. The study of certain aspects of its implementation will be important and valuable for the doctrine of social security law and the practice of ensuring this right.