THE ESSENCE AND SIGNS OF THE CONSTITUTIONAL RIGHT OF A MAN AND CITIZEN TO SOCIAL PROTECTION

Abstract

The article, based on the analysis of a number of scientific positions, considers problematic legal issues regarding the essence of the constitutional right of a person and a citizen to social protection and its features. The right to social protection is considered a basic (constitutional) right of a person and a citizen, as it is provided for in the Constitution of Ukraine and belongs to the group of social rights aimed at meeting social needs. The author researched two groups of features of this right: first, as a fundamental human right and a citizen of Ukraine; secondly, as a separate type of rights that has special features that are unique to it. Attention is drawn to the fact that the components of the special legal protection of the constitutional right of a person and a citizen to social protection are that such rights are inalienable and inviolable, are not exhaustive and cannot be revoked, have guarantees of their implementation, prohibition of their limitation, except for cases clearly regulated by the Constitution of Ukraine and borders The author emphasized that the constitutional right to social protection has its own, special features that characterize it as a separate type of right. These features derive from the wording of the provisions on the right to social protection in Article 46 of the Constitution of Ukraine. The main features of the constitutional right of a person and a citizen to social protection are highlighted: general features inherent in all constitutional rights; special features inherent to it as a separate type of rights. It is emphasized that the considered features of the constitutional right of a person and a citizen to social protection make it possible to determine its essence. In the scientific literature, social protection is considered as a whole, including economic, social and legal components. Based on the results of the analysis of the works of domestic and foreign scholars on constitutional law, the author emphasizes that in law, social protection is interpreted by the majority of scholars as a social function of the state, a set of coordinated socio-state measures of an economic, legal, and organizational nature to guarantee and ensure the social rights of citizens.