CONVENTIONAL EUROPEAN REQUIREMENTS TO SOCIAL INSURANCE OF THE POPULATION
Journal: LAW AND INNOVATIONS (Vol.1, No. 8)Publication Date: 2014-11-11
Authors : Moskalenko O. V.;
Page : 132-142
Keywords : social insurance; social welfare; social security; social payments; the European standards;
Abstract
Problem setting. Ukrainian commitment to European choice and devotion to human values can be realized only on the basis of the successive forming of democratic principles of community development, claim of rights and freedoms of man and citizen, construction of the legal state, becoming of civil society. The corresponding process involves radical reform of the legal system of Ukraine on the basis of principles and standards that are established at the European level on the basis of modern democratic international law as a result of activity of European regional organizations. To the last belong CE, European Union, Organization for Security and Cooperation in Europe. It should be noticed that Ukraine became the first state in the CIS, that signed Partnership and cooperation agreement between the European communities, which was defined legal mechanism of their interaction. Target of research. is research the European social security standards of population to understand effective ways Europeanization obligatory insurance system in Ukraine. Analysis of recent research. Such scientists as V. V. Andriyiva, V. M. Andriyiv, V. S. Andreev, E. I. Astrakhan, M. O. Baymuratov, K. S. Batyhin, N. B. Bolotina, M. H. Bunge, M. A. Vihdorchyk, I. S. Voitinsky, V. M. Dohadov, O. D. Zaykin, M. L. Zakharov, R. I. Ivanova, M. I. Inshyn, M. L. Zakharova, P. D. Kaminska, O. E. Machulska, S. V. Popov, T. O. Postovalova, V. O. Protsevskyy, O. I. Protsevskyy, S. M. Prilipko, V. D. Royik, O. S. Savich, I. M. Sirota, A. M. Slusar, B. I. Stashkiv, F. G. Turner, E. G. Tuchkova, M. M. Feskov, O. G. Chutcheva, V. G. Yarotskiy, V. Y. Yarotskiy, O. M. Yaroshenko and others engaged theoretical questions concerning social security of population. Article’s main body. European standards of obligatory social insurance envisaged in such documents of the Council of Europe and the European Union, as the European Code of Social Security, the Community Charter of the Fundamental Social Rights of Workers, the European Social Charter (revised), European Convention on Human Rights, the European Court Practice human Rights, the EU Regulation № 1408/71 of 14 June 1971 about social insurance schemes against persons employed and their families during the moving within the Community and Regulation EC № 574/72 dated March 21, 1972 that defines the shape of application the Regulation № 1408/71. Conclusions and prospects for the development. In the last 2 decades there is a kind of Europeanization of social security within the region. Herewith there is a considerable difference between europeanizing of states-members, when corresponding processes take place in European Union, and europeanizing of other countries, when it takes place outside the EU. In the case of Ukraine Europeanization has several meanings: firstly, it means the influence of European processes and phenomena in Ukrainian society; secondly, can be examined as the direct involvement of Ukraine in the European processes; thirdly, it is a perception experience of European nations by Ukraine. Europeanization obligatory social insurance system of Ukraine is Europeanization: a) the legal culture of our country as a whole; b) social-insurance legislation based on European standards and c) national judicial practice.
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