THE DEFINITION OF THE CONCEPT AND NATURE OF SOCIAL RISKS IN THE SOCIAL SECURITY LAW

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THE DEFINITION OF THE CONCEPT AND NATURE OF SOCIAL RISKS IN THE SOCIAL SECURITY LAW

Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22

Abstract

Problem setting. The formation and development of the nomenclature of social security law is condition of and is complicated by the fact, that the subject of legal regulation of the study area is such a legal relationship, which is inherently difficult to formalize. The right of social security, taking into account that it has a social purpose and is aimed at ensuring the social security of everyone, regulates relations that reflect the immediate essence of human life with all its complexity and diversity, ambiguity and subjectivity of perception of relevant events and processes. Analysis of recent researches and publications. The question of social risks in the legal literature was considered by such scientists as N.B. Bolotina, N.A. Vidgorchyk, M.I. Inshyn, N.O. Karpunina, O.L. Kuchma, O.Ie. Machulska, O.V. Moskalenko, P.D. Pilipenko, S.M. Prilipko, S.M. Sinchuk, B.I. Stashkiva VB, O.V. Tishchenko, O.M. Yaroshenko and others. Target of research is to clarify the nature of social risks in the social security law, to disclose their features and characteristics, to develop the definition of "social risk in the social security law." Article’s main body. The doctrinal approaches concerning understanding the concept of "social risk in the social security law" are clarified in the article. Scientists’ points of view on understanding the nature of social risks, the causes of their occurrence, as well as the consequences, that entail the onset of social risks, are analyzed. On the basis of the studied material the conclusion about the complex structure of the social risks’ nature in the social security law is made. Two levels of features, that characterize social risk as a category of social security law, are identified and disclosed. The definition of the concept of "social risk in the social security law" generally and properly is given. Conclusions and prospects for the development. Thus, social risk in social security law (in a strict sense) – is a complex life circumstance of different origin (demographic, physiological, political, economic, etc.) fixed in the legislation, which has a certain probability to occur, and therefore cause the loss by a person (child, citizen, foreigner, stateless person) or by a community of means of livelihood, reducing the ability to provide themselves and their loved ones with the minimum necessary level of material and other benefits necessary for the continuation of life, the need for social adaptation and return to a normal lifestyle without assistance, which in case of its occurrence and documentary confirmation is the basis for obtaining a certain type of social security as prescribed by law.

Authors and Affiliations

G. O. Iakovleva

Keywords

EP ID EP488580
DOI -
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