Legal regulation of social security in the context of the development of the concept of civil society in Ukraine

The dissertation is a scholarly study focused on developing a comprehensive, contemporary framework for the legal regulation of social security, contextualized within the evolving concept of civil society in Ukraine. Based on this framework, the research aims to devise practical recommendations to enhance the efficacy of Ukraine’s current legal infrastructure for social security.
This study delineates the overarching characteristics of social security as a subject of social and legal regulation and elucidates the contemporary conception of civil society in the context of social security. It is established that civil society represents a progressive civilizational societal structure and serves as a crucial safeguard for the social security of the populace. Civil society asserts its influence through various entities, whose social and legal capacities enable two primary functions: firstly, to ensure the state effectively executes its social responsibilities, thereby enhancing the social security of its citizens; and secondly, to deliver social services and engage society in shaping and implementing social policy.
The study elucidates the historical and legal underpinnings that gave rise to and subsequently shaped the mechanism for legally regulating social security within the evolving framework of civil society. For the first time, a conceptual perspective on the modern legal regulation mechanism of social security is articulated. This mechanism, recognized as a core component of the socio-legal regime of social security, has evolved gradually since the emergence of civil society, tracing back to the 4th century BC. As a systemic entity, this mechanism manifests in both static and dynamic forms, aimed at a definitive objective: the establishment of normative and legal conditions for a socially secure human existence, actively involving civil society actors. Its multifaceted tasks include creating a normative and legal foundation for the social security of individuals, groups, society, and the state at large; aligning the regulatory framework of the social safety regime with the human-centric development paradigm of the country; ensuring legal clarity within the regulatory framework for social safety; and facilitating the legal regulation of relationships, processes, and behaviors within the social and legal regime of social security.
Further development has been achieved in the systemic and structural-functional analysis of the principles governing the legal regulation mechanism of social security, particularly in the context of civil society’s evolution in Ukraine. These principles are identified as objectively existing norms, embodied in foundational, constructive concepts that encompass requirements pertinent to the normative and legal framework underpinning the social and legal regime of social security. This involvement of civil society actors aids in establishing a cohesive and equitable legal system, thereby promoting the maintenance of law and order within the social structures of Ukraine.
This study elucidates the multifaceted structure of the current regulatory framework for social security within the evolving context of civil society, comprising four distinct levels. At its foundation lies the Constitution of Ukraine and the international legal dimension, encompassing acts that govern the legal regime of social protection, defining the legal status of civil society entities, and their involvement in legislative activities. The third tier of Ukraine’s social security regulatory framework encompasses laws and subordinate legislation from public authorities, delineating: the general and specific foundations of social security; the legal status of socially vulnerable population segments; the legal status and operational basis of civil society actors; and public engagement in the legal regulation of social security. The fourth level involves corporate documents and local enterprise-level acts (institutions, organizations) about the social security of specific groups, including the role of civil society actors in local-level security provision.
This research advances the scientific understanding of the nature and composition of the potential entities within civil society that may engage in the legal regulation of social security in Ukraine. These entities include, firstly, organizations and groups that: advocate for the interests of specific population segments or the broader socially significant interests in social and related domains; address issues pertaining to the social security of the populace (or its distinct layers); safeguard social security in labor and employment; encompass cultural, recreational, and social service organizations; and span scientific, educational, and research institutions. Secondly, the scope extends to social solidarity movements and social activist groups. The dissertation places particular emphasis on identifying the principal forms of civil society participation in the legal regulation of social security. It is established that these forms are bifurcated into two categories: firstly, integrated influence, encompassing direct involvement in the legal regulation of social security; and secondly, external influence, comprising monitoring and oversight of the rule-making process, and the creation of non-binding documents aimed at enhancing the legal and regulatory framework for social security.
The necessity to develop and endorse the Concept for the participation of civil society actors in ensuring the social security of contemporary Ukraine is proposed and substantiated. The envisaged Concept is to be structured into six parts. The first, ‘Problems that Require Solutions,’ identifies pressing issues whose resolution will significantly contribute to fostering an environment conducive to the active and effective involvement of civil society in the legal regulation of social security, thereby enhancing the quality and efficacy of this regulation. The second part, ‘Value Guidelines, Goals, and Objectives for the Implementation of this Concept,’ delineates the principles (primarily those of the social security legal regulation mechanism), the overarching aim (to establish institutional, regulatory, and other resource conditions facilitating effective civil society participation in the legal regulation of socially safe human existence), and the specific objectives of the Concept. The third section, ‘Time Frame for the Implementation of this Concept,’ proposes a non-time-bound approach (also aiming for full realization by 2026). The fourth segment, ‘Methods and Approaches for Problem Resolution,’ focuses on refining the current legislative and institutional framework for the participation of civil society actors in the legal regulation of social security. The final two parts, ‘Anticipated Outcomes’ and ‘Estimation of Financial, Material, Technical, and Human Resources,’ comprehensively detail the expected results and the resource requisites for the Concept’s implementation.
The study identifies comprehensive future directions for the development of regulatory and legal frameworks supporting social security, particularly in the context of civil society’s evolution in Ukraine. It is recommended to formulate and enact drafts of specific legislative acts, including: the draft Law of Ukraine ‘On Social Security’; the draft Law of Ukraine ‘On the Activities of Civil Society Entities in Ukraine’; and the draft Law of Ukraine ‘On Public Lobbying Activities’, pertaining specifically to lobbying efforts conducted by civil society actors. Additionally, there is a proposal to devise and adopt a draft Law of Ukraine ‘On Amendments to the Law of Ukraine on Law-Making Activities’, aimed at reinforcing guarantees for the involvement of civil society subjects in the legal regulation of social security, in accordance with the norms outlined in the Law ‘On Law-Making Activities’.

Гаєвий В. В. Правове регулювання соціальної безпеки в умовах розвитку концепції громадянського суспільства в Україні : дис. … д-ра філософії : 081 Право / Гаєвий Владислав Вадимович. – Київ, 2024. – 239 с.