Ukraine

THE RIGHT TO SOCIAL PROTECTION IN THE CONSTITUTION OF UKRAINE

Dr. Mykhaylo Shumylo

 

With the declaration of independence by Ukraine in 1991, a new phase of the formation and consolidation of social rights started. The Constitution, adopted in 1996, determined in Article 1 that “Ukraine is a sovereign, independent, democratic, social, law-based state.” This provision was detailed in particular articles of Chapter II “Human and Citizen’s Rights, Freedoms and Duties” of the Constitution. For example, Article 46 states: “Citizens have the right to social protection that includes the right to provision in cases of complete, partial or temporary disability, the loss of the principal wage-earner, unemployment due to circumstances beyond their control and also in old age, and in other cases established by law.

This right is guaranteed by general mandatory state social insurance on account of the insurance payments of citizens, enterprises, institutions and organizations, and also from budgetary and other sources of social security; by the establishment of a network of state, communal and private institutions to care for persons incapable of work.

Pensions and other types of social payments and assistance that are the principal sources of subsistence, shall ensure a standard of living not lower than the minimum living standard established by law ”.

If the given article establishes the right and gives the main types of social security, Article 48 of the Constitution indicates the qualitative characteristics of social protection: “Everyone has the right to a standard of living sufficient for himself or herself and his or her family that includes adequate nutrition, clothing and housing”.

Separately, the right to social protection for special categories of people is defined in the Constitution of Ukraine, namely, Part 5, Art. 17 states that “The State ensures the social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and in other military formations as well as of members of their families”.

It is known that Constitutional norms are of general, fundamental character, but to implement their provisions a series of legal acts are to be adopted. Therefore, we can say that the Constitution of Ukraine became the starting point in the formation of the block of legislation providing social security. New social legislation of Ukraine is built on the principles of social insurance, as defined by the Law of Ukraine "Basic Law of Ukrainian on compulsory social insurance" of 14.01.1998,16 and the Law of Ukraine “On state social standards and state social guarantees” of 05.10.2000, 2017. The Law of 14.01.1998,16 on states that “Compulsory social insurance is a system of rights, obligations and guarantees stipulating the granting of social security, which includes provision to citizens in case of sickness, partial or complete disability, loss of breadwinner, unemployment under circumstances independent of the person's will, as well as in old age and other cases provided for by law. These are guaranteed at the expense of monetary funds formed of insurance premiums paid by owners or body empowered by him (hereinafter referred to as employer), citizens, as well as budgetary and other sources stipulated by law”. These are the first basic social laws that can be divided into several groups:

• the first one comprises the social unemployment insurance (Law of Ukraine “On Mandatory State Social Unemployment Insurance” of 02.03.2000,1533);
• the second group comprises insurance against temporary disability (Law of Ukraine “On Mandatory State Social Insurance against temporary disability and expenses related to burial” of 18.01.2001, 2240);
• the third group includes social insurance against accidents at work and occupational diseases (Law of Ukraine “On Mandatory State Social Insurance against accidents at work and occupational diseases that caused disability” of 23.09.1999, 1105);
• the fourth group includes legislation that determines pension benefits (Law of Ukraine “On Mandatory State Pension Insurance” of 09.07.2003,1058, “On the private pension system” of 09.07.2003,1058);
• the fifth group of social legislation includes regulations that define social assistance (Law of Ukraine “On Ensuring Organizational and Legal Conditions for Social Protection of Orphans and Children Deprived of Parental Care”[1] of 13.01.2005, 2342, “On the Basis of Social Protection of Homeless People and Street Children” of 02.06.2005, 2623, “On State Support to Families with Children”[2] of 21.11.1992, 2811, “On State Social Assistance to Disabled from Childhood and Disabled Children”[3] of 16.11.2000, 2109, “On State Social Assistance to Low-income Families”[4] of 01.06.2000, 1768, “On State Social Assistance to Persons Who Are Not Eligible for a Pension, and Disabled”[5] of 18.05.2004, 1727);
• the sixth group includes legislation governing the provision of social services (Law of Ukraine “On Social Services”[6]  of 19.06.2003, 966);
• the seventh group includes social protection of certain categories of citizens (Laws of Ukraine “On the Victims of Nazi Persecution”[7] of 23.03.2000, 1584, “On Social Protection of Children of War”[8] of 18.11.2004, 2195).

Of course, this classification does not include a number of other laws and regulations, but we presented enough of them to see how the norms of the Constitution of Ukraine on the right to social security are reflected in the laws of Ukraine. From the abovesaid it can be concluded that consolidation in the Constitution of Ukraine of the right to social security greatly influences the development of social legislation. In fact, norms of the Constitution became a reference point for the creation of legislation providing social security. Today, the main task of the Ukrainian state is, basing on the Constitution, to fill the legislation with the content of high quality and high national social standards as well as international ones.

The Constitutional Court of Ukraine plays important role in ensuring compliance with the Constitution in general and social rights in particular, according to Article 1 of the Law of Ukraine “On the Constitutional Court of Ukraine” of 16.10.1996 , 422 – it is the sole organ of constitutional jurisdiction in Ukraine, the aim of which, according to Art. 2 of this law is securing the supremacy of the Constitution of Ukraine as the Fundamental Law of the State throughout Ukraine’s territory. Precisely, the Constitutional Court of Ukraine is the organ that does not allow the narrowing of the content and scope of the existing rights and freedoms while adopting the new laws or amendments to the existing laws, including the regulations by the Cabinet of Ministers of Ukraine. In general, during its activity since October 18, 1996, the Constitutional Court of Ukraine adopted 18 resolutions that in one way or another related to the right to social security. Among them we can distinguish resolutions concerning compliance to the Constitution of the Laws of Ukraine on State Budget – 6 resolutions; on social protection of special categories of citizens (civil servants, law enforcement officers, prosecutors, military men, etc.) - 6 resolutions; on social protection of judges - 3 resolutions; concerning industrial accidents and occupational diseases - 2 resolutions; concerning temporary disability - 1 resolution; on jurisdiction of social affairs - 1 resolution; concerning payments of pensions to persons permanently residing abroad - 1 resolution. It is obvious that for a deeper understanding of the Constitutional right to social protection it is necessary to analyze in detail these resolutions.

The most quantity of resolutions of the Constitutional Court of Ukraine has been devoted to the constitutionality of the law on the State Budget. The point is that in the situation of permanent deficit of budget the State is trying to evade the execution of certain constitutional social guarantees.

To the resolutions of the Constitutional Court of Ukraine, which were examining the laws on State Budget, exactly in the part of social rights of citizens, we can refer the following ones:

1) concerning compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2001” [9] (Case of benefits, compensation and guarantees) of 20.03.2002, 5/2002;

2) concerning compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2004” [10] (the case of suspension of validity or limitation of benefits, compensation and guarantees) of 1.12.2004, 20/2004;

3) concerning compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2007” [11] (the case of social guarantees for citizens) of 09.07.2007, 6/2007;

4) concerning compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2008” [12] (on the subject matter and content of the State Budget of Ukraine) of 22.05.2008, 10/2008;

5) concerning compliance with the Constitution of Ukraine (constitutionality) of paragraph 4, section VII “Final Provisions” of the Law of Ukraine “On State Budget of Ukraine for 2011” [13] of 26.12.2011, 20/2011;

6) concerning official interpretation of certain provisions of the Constitution of Ukraine, the Budget Code of Ukraine, the Code of Administrative Procedure of Ukraine in the system connection with the specific provisions of the Constitution of Ukraine[14] of 25.01.2012, 3/2012.

The main conclusion of the Constitutional Court of Ukraine in the above resolutions was that the Law on the State Budget sets only revenues and state expenditures for social needs, and that is why the Law on the State Budget cannot cancel or modify the scope of rights and obligations, benefits, compensations and guarantees provided for by the other laws of Ukraine. In this connection, stopping by the Law on the State Budget of Ukraine of the effect of other laws of Ukraine concerning the provision of benefits, compensations and guarantees, of amendments to other laws of Ukraine, and establishing of legal regulation of relations other (additional) than the legislation of Ukraine does not meet the norms of the Constitution of Ukraine.

As it can be seen from the above, the Government, in preparing the drafts of the State budget due to the economic crisis or the high deficit of the budget, has repeatedly tried to narrow down the content and scope of social rights guaranteed to citizens by the Constitution of Ukraine. The Constitutional Court of Ukraine has always responded negatively to such attempts by other branches of government and abolished this kind of norms of law. We can conclude that the court has guarded the rights and interests of citizens.

In addition, the Constitutional Court of Ukraine has repeatedly pointed out the unconstitutionality of the parliament’s activity that with the budget for the current year suspends the effect of the legislation concerning the provision of social benefits and social guarantees. The Court has repeatedly stated that the withdrawal or suspension of provisions concerning social security is unconstitutional and the norms that implement such suspension become invalid from the date of  delivering by the Constitutional Court of Ukraine of its resolution.

Usually the resolution of the Constitutional Court of Ukraine has always limited the executive and legislative powers in their effort not to provide the state social guarantees, but one of the latest resolutions by the Court of 26.12.2011, 20/2011 was of the opposite character. The reason for the departure of the Constitutional Court of Ukraine from its previous principles was sustainable economic crisis, although in recent years it has also been the cause of such unconstitutional activities of parliament and government.

The Constitutional Court of Ukraine stated that the socio-economic rights provided for by the laws are not absolute. The mechanism of implementation of these rights can be changed by the state, in particular, because of the impossibility of their financing through proportional redistribution of funds in order to maintain the balance of the whole society’s interest. Besides, these measures may be due to the need to prevent or eliminate real threats to the economic security of Ukraine that, in accordance with Article 17 of the Constitution of Ukraine, is the most important function of the state. That is the wording with which the Constitutional Court of Ukraine upheld the narrowing of the content and scope of the constitutional right to social protection.

Great response and conflicting assessments provoked the resolution of the Constitutional Court of Ukraine concerning official interpretation of certain provisions of the Constitution of Ukraine, the Budget Code of Ukraine, the Code of Administrative Procedure of Ukraine of 25.01.2012, 3/2012. In terms of constitutional introduction, one of the hallmarks of Ukraine as a social state is the provision of the general-public needs in the area of social protection at the expense of the state budget of Ukraine based on the financial capacity of the state, which is obliged to fairly and impartially distribute social wealth between citizens and local communities and strive for balanced budget of Ukraine. Herewith the level of state guarantees of the right to social protection should conform to the Constitution of Ukraine, and the purpose and means of changing of the mechanism of calculation of benefits and assistance – to the principles of proportionality and fairness.

In addition, the Court pointed out that the powers of the Cabinet of Ministers of Ukraine to develop the draft-law on the State Budget of Ukraine and enforce the relevant law are related to its functions, including the implementation of policies in the sphere of social protection and other spheres. Cabinet of Ministers of Ukraine regulates the order and amounts of social payments and benefits, which are financed from the State Budget of Ukraine in accordance with the Constitution and laws of Ukraine.

Moreover, the Court noted that the courts in dealing with cases concerning social protection are governed, in particular, by the principle of legality. This principle envisages the application of the laws of Ukraine, as well as legal acts by the relevant state bodies issued on the basis and within their authority and in the manner envisaged by the Constitution and laws of Ukraine, including legal acts of the Cabinet of Ministers of Ukraine issued within its competence on the basis and in pursuance of the Budget Code of Ukraine, the Law on the State Budget of Ukraine for the corresponding year and other laws of Ukraine.

So, the Parliament adopted, and the Constitutional Court of Ukraine recognized to be corresponding to the Constitution of Ukraine, the provisions that restrict or suspend action of some norms of legislation guaranteeing the right, defined by the Fundamental Law of the state, to social security. Besides, the Constitutional Court allowed the Cabinet of Ministers of Ukraine to change certain amounts of social benefits envisaged by the law on the State Budget by its acts. Thus leveling the general rules concerning validity of normative-legal acts, under which the Law is of higher validity than the Acts by Cabinet of Ministers of Ukraine.

Such a resolution of the Constitutional Court of Ukraine was not adopted unanimously, some judges made their reservations about such a legal position in separate opinions. Thus, Judge V. I. Shishkin, P. B. Stetsyuk, D. D. Lylak, M. A. Markush agree that the resolution under analysis has a number of contradictions. In a separate opinion Judge V. I. Shishkin noted:

Firstly, such “innovations” distorted conceptual direction and substance of the prescriptions by Art. 3 of the Constitution of Ukraine on the State's obligations to the person as the highest social value, not the opposite - a person to public authorities.

Secondly, this statement requires, as a minimum, the disclosure of such multidimensional thesis as “financial capacity” at the interdisciplinary scientific level, but not just at the level of legal analysis, which in its turn, causes a variety in its interpretation, including outside the scope of law and powers of the Constitutional Court of Ukraine.

Thirdly, the provisions of the resolution part regarding the legal effect of bylaws evokes not less critical remarks. This interpretation brings imbalance into established court practice that with the adoption of the Constitution of Ukraine in 1996 was based on a clear understanding of the rule of Constitutional provisions. Besides, the Constitutional Court of Ukraine actually brought the status of the Cabinet of Ministers of Ukraine at the level of the legislature by requiring courts of general jurisdiction to apply directly the provisions of bylaws, not paying attention to the law, while considering social cases.

However, the decision is made and it is binding throughout the whole territory of Ukraine, final and cannot be appealed. Although, in our opinion, this decision caused considerable damage to the system of protection of human rights in general and the implementation by the state of its obligations in terms of the right to social protection in particular.

Many resolutions concerning social cases, the Constitutional Court of Ukraine brought concerning the right to social protection of special categories of citizens (civil servants, police officers, prosecutors, military men, etc.).

The resolutions of the Constitutional Court of Ukraine which guarantee the inviolability of the social protection of special categories of citizens include the following ones:

1) concerning official interpretation of the provisions of Part 6 of Article 22 of the Law of Ukraine “On Militia” and Part 7 of Article 22 of Law of Ukraine “On Fire-fighting Service” [15] (case concerning the right to benefits) of 06.07.1999, 8/99;

2) concerning the compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2000”[16] (the case concerning benefits, compensations and guarantees) of 20.03.2002, 5/2002;

3) concerning the compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2003” [17](the case on social protection of military men and law enforcement officers) of 17.03.2004, 7/2004;

4) concerning compliance with the Constitution of Ukraine (constitutionality) of certain amendments to legislature on military pensions of the Law of Ukraine “On Amendments to Article 43 of the Law of Ukraine “On pensions to military personnel, officers higher and low ranks of the bodies of Internal Affairs and some others” and the official interpretation of the provisions of paragraph 3 of Article 43, Articles 51, 55, paragraph 3 of Article 63 of the Law of Ukraine “On pensions to persons retired from military service, and some others” [18];

5) concerning compliance with the Constitution of Ukraine (constitutionality) of paragraph 10 of the Resolution of the Cabinet of Ministers of Ukraine “Some issues of social protection of certain categories of citizens” [19] of 8.09.2009, 19/2009;

6) concerning official interpretation of part 13 of Article 37 of Law of Ukraine “On Civil Service” in systematic connection with provisions of paragraph 2 of parts 1, 2, of Article 40 of the Labour Code of Ukraine, Article 21 of the Law of Ukraine “On the Fundamentals of social protection of veterans of labor and other elderly people in Ukraine” [20] of 26.11.2013, 11/2013.

The prevailing idea of these resolutions is the thought that service in the police, the State Fire Service, armed forces provides a number of specific requirements, as reflected in the legislation. The norms governing social relations in these areas, take into account the extreme conditions related to constant risk to life and health, stringent discipline, occupational competence, professional, physical, strong-willed, and other qualities. This has to be compensated with the availability of increased guarantees of social protection, i. e. the complex of organizational, legal and economic measures aimed at ensuring the welfare of exactly this category of people both during the service and after its completion. Part 5 of Article 17 of the Constitution of Ukraine imposes the responsibilities for social protection of not only these people but also their families on the state.

Hence, the Constitutional Court of Ukraine has repeatedly suspended the norms of Laws on the State Budget, which narrowed, in this or that part, the right of these persons to social protection.

To a separate group we should allocate resolutions of the Constitutional Court of Ukraine on social protection of judges, namely:

1) concerning the compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On Mandatory State Pension Insurance” and the official interpretation of the provisions of paragraph 3 of Article 11 of the Law of Ukraine “On the Status of Judges” [21] (the case concerning the level of pension and monthly lifetime monetary allowance) of 11.10.2005;

2) concerning the compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On State Budget of Ukraine for 2011” [22] of 26.12.2011, 20/2011;

3) concerning the compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On Measures of Legislative Provision of  the Pension System Reform,” Article 138 of the Law of Ukraine “On the Judicial System and Status of Judges” [23] (case concerning changes of the pension payment and monthly lifetime monetary allowance of retired judges) of 06.03.2013, 3/2013 and other resolutions that have already been analyzed above. The main issues raised in these resolutions was to preserve the existing and prevent future narrowing of the content and scope of the right to social protection of judges.

Important place in the constitutional justice is taken by the resolutions which determine these or those aspects of social protection of workers suffering from results of industrial accident or occupational disease, among which are the following:

1) the official interpretation of the provisions of Paragraph 3 of Article 34 of the Law of Ukraine “On Mandatory State Social Insurance against accidents at work and occupational diseases that caused disability”[24] (the case concerning indemnification of punitive damages effected by the Fund social insurance) of 27.01.2004, 1/2004 according to which the provision of the mentioned above law does not preclude the obligation of the Fund to compensate moral damage caused by the conditions of work, in other cases where the right of the insured to compensation of moral (non-property) damages caused by the conditions of work must be made by the Fund.

2) for compliance with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On Insurance Rates for mandatory social insurance against accidents at work and occupational diseases, which caused disability,” “On Amending the Law of Ukraine “On Mandatory State social insurance against accidents at work and occupational diseases that caused disability” [25] (the case concerning insurance premiums) of 8.10.2008,  20/2008.

Controversial resolution was brought by the Constitutional Court of Ukraine concerning compliance with the Constitution of Ukraine (constitutionality) of the provisions of Paragraphs 1, 2 of Article 2 of the Law of Ukraine “On the installment rates for certain types of obligatory state social insurance” [26] (the case concerning assistance for temporary disability) of 17.03.2005,  1/2005. By these resolutions it is recognized to be in line with the Constitution of Ukraine (constitutional) of the provision of certain norms of this Act, according to which the allowance for temporary disability due to illness or injury not related to an accident at work is paid to the insured persons by the Social Insurance Fund, for temporary disability from the sixth day of disability for the entire period until rehabilitation or establishment by a medical-social expert commissions of disability regardless of the retirement of the insured person during the period of disability in the manner and amount prescribed by law. The first five days of temporary disability due to illness or injury not related to an accident at work are paid by the employer. However, not all the judges agreed with this legal position and in a separate opinion Judge V. Shapoval stresses that Paragraph 1 of Article 46 of the Constitution of Ukraine provides for the right of citizens to social security, including, in particular, the right to security in the event of temporary disability. According to the resolution, temporarily disabled citizens during the first five days of their disability are actually deprived of the right to require from the State the allowance provided by the Constitution of Ukraine and can apply with such an aim only to the respective employer.  Besides, the right to receive from the state allowances for temporary disability for the mentioned five days is not given to persons participating in mandatory state social insurance on a voluntary basis, self-employed (members of artistic unions; artists, non-members of artistic unions), individuals who are registered as business entities, and persons who perform work (services) in accordance with the civil-law agreements, and certain other categories of citizens who for mandatory state social insurance concerning temporary disability and expenses related to the birth and burial, pay 3.4 % of taxable income (profit). We cannot agree with such resolution of the Constitutional Court of Ukraine as the Law defined an employer to be the subject of the respective responsibilities instead of the state, as a result of which the constitutional relationship turn into civil-legal ones, and the constitutional right of the citizen – into the usual subjective right of an individual. In addition, a significant number of people are actually deprived of special, that is connected with their right, stipulated in paragraph 1 of Article 46 of the Constitution of Ukraine, constitutional guarantee – provision of assistance through the mandatory state social insurance.

The following fact is important - the law cannot release the State (even partially) from the constitutional duty concerning implementation of the citizens’ right to social security, in particular from paying social benefits and providing assistance.

Absolutely fair is the resolution of the Constitutional Court of Ukraine concerning the conformity with the Constitution of Ukraine (constitutionality) of the provisions of Paragraph 2 of Part 1 of Article 49, the second sentence of Article 51 of the Law of Ukraine “On Mandatory State Pension Insurance” [27] of 10.07.2009,  25/2009. The constitutional petition raised the issue of the unconstitutionality of certain provisions of the Law of Ukraine “On Mandatory State Pension Insurance” concerning suspension of payment of pensions to pensioners currently residing abroad if Ukraine has not concluded with the corresponding State the International Agreement on Pensions and if the Verkhovna Rada of Ukraine has not given consent that such International Agreement is to be binding.

In this case, the Court pointed out that by the impugned provisions of the Law the constitutional right to social protection is made dependent on the fact of concluding of the International Agreement on Pension provision between Ukraine and the corresponding State. Thus the state, despite constitutional guarantees of social protection for all persons who are entitled to a pension in old age, at the legislative level deprived pensioners of this right in cases when they have chose as their permanent place of residence a country, with which such an Agreement had not been concluded. Based on the legal, social nature of pensions citizen's right to receive the assigned him pension cannot be associated with such condition as permanent residence in Ukraine. The State in accordance with the constitutional principles must guarantee this right irrespective of  where a person to whom a pension is assigned lives – in Ukraine or abroad.

Because of the mentioned reasons - the provisions of the law to stop paying pensions to pensioners at the time of residence (stay) abroad, if Ukraine has not concluded with this State International Agreement, contradicts the norms of the Constitution of Ukraine.

One of the key resolutions of the Constitutional Court of Ukraine deals with compliance with the Constitution of Ukraine (constitutionality) of the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding jurisdiction of cases related to social benefits” [28] of 9.09.2010, 19/2010. Its essence is in the fact that since the creation of administrative courts (public law disputes) and the entry on September 1, 2005 into force of the Code of Administrative Procedure of Ukraine, all public law disputes in which at least one party is an authority are referred to the jurisdiction of administrative courts. Such a scope of subject-matter jurisdiction contained legal disputes related to social benefits, if the respondent in the case was any of the mentioned bodies or officials - an authority.

Law of Ukraine of  December 25, 2008  808 -VI introduced amendments to the Code of Administrative Procedure of Ukraine, according to which local courts of general jurisdiction started to hear the disputes related to social benefits, in the order of administrative proceedings. Instead, the Parliament irrationally adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine regarding jurisdiction of cases related to social benefits”[29] of 18.02.2010, 1691, under which the cases concerning  social protection will be considered in the order of civil proceedings. By its resolution, the Constitutional Court of Ukraine recognized changes concerning the jurisdiction of social cases to civil proceedings to be unconstitutional and returned them for consideration to administrative justice.

The Supreme Administrative Court of Ukraine makes significant contribution to the improvement of judicial practice concerning the review pension cases; it summarizes judicial practice and promotes proper use of pension legislation that enables a person to exercise his constitutional right to a pension. An example of this generalization is a Surveying Newsletter “On the practice of use of law on pension provision (based on cases considered by the Supreme Administrative Court of Ukraine in the order of cassation)”[30] of 14.08.2008, 1406/100/13-08.

Thus, as it can be understood from the reviewed resolutions of the Constitutional Court of Ukraine, in most cases the Court protects and prevents narrowing of the content and scope of the right to social security. Some opposite resolutions, are probably motivated by political factors, but they are not the dominant.

Talking about the future development of system of social rights and the boundaries of their extension, we can make an unambiguous conclusion that Ukraine is under the influence of global trends that are existing. Obviously, the twentieth century was the century of consolidation and affirmation of the right to social security. In fact, in the twentieth century the index of social rights formed, it is not exhaustive and will be supplemented in connection with the development of society. Basic social rights have not only been just consolidated in the constitutions of the states of the world, but have become common in the mass consciousness of citizens. In the twentieth century high standards of social protection were incorporated, which Ukraine is just trying to achieve. In the twentieth century, there are new challenges, among which the main are the economic crisis, globalization, population aging, unemployment, migration, wars, refugees, and others.  The aim of Ukraine is to keep social standards and to develop them to the level of standards of the European Union and the International Labour Organization. Global trend that can be observed in Ukraine as well is departure from the concept of paternalistic social state, according to which the burden of social protection lies on the state, especially acute this problem is in Ukraine. This trend is inevitable, rather slowly, but the state is moving away from the paternalism, which is interpreted as material welfare of all citizens, without exception, who are in trouble in the form of direct payments from the state budged. Today in Ukraine we can observe the emergence neo-paternalistic state, in which the social function is performed by the wider use and extension of methods of implementation of social policy, based on the prevention of social risks. Such a state is intended to encourage maximum employment activity of able-bodied citizens, and while ensuring pensioners and unemployed vicariously solve these problems as by the state and by non-governmental organizations. Besides, future Social Security recipients should be aware of the fact that the presence and size of social benefits depends on their active work and participation in social insurance. The basis of the new approach to the development of the social state should be, above all, the principle of personal responsibility of citizens. Everyone should do his best to maintain his standard of living now and in the future. Exactly the introduction into the Labor and Social-providing legislation interim principle of personal responsibility for one’s financial security in the event of old age and disability will be decisive in the formation of a new paradigm of the country of social well-being. Under these conditions the State is being modified from the provider of social protection into a guarantor of social protection, regulator and organizer of the effective functioning of social protection of citizens.