Volume 12 - Issue 65
/ May 2023
77
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.65.05.8
How to Cite:
Chanysheva, A., Krasnov, Y., Pozharova, O., Potopakhina, O., & Nanieva, M. (2023). International standards of rights in the field
of social security. Amazonia Investiga, 12(65), 77-83. https://doi.org/10.34069/AI/2023.65.05.8
International standards of rights in the field of social security
Міжнародні стандарти прав у сфері соціального забезпечення
Received: March 2, 2023 Accepted: May 7, 2023
Written by:
Alina Chanysheva1
https://orcid.org/0000-0001-5837-6754
Yegor Krasnov2
https://orcid.org/0009-0008-6869-0913
Oksana Pozharova3
https://orcid.org/0000-0002-0792-1561
Olha Potopakhina4
https://orcid.org/0009-0002-6321-7488
Maria Nanieva5
https://orcid.org/0000-0002-1043-1707
Abstract
International standards of rights in the field of social
security are a set of norms established in various
international legal acts. These standards define
decent living conditions for people, ensure personal
development and social security, and have a
significant impact on national legislation in the field
of social security. The implementation of standards
established at the international level in national
legislation is a tool for the development of national
legislation towards implementing the rule of law,
equality, and social justice. Therefore, this article
examines international standards of rights in the
field of social security and analyzes the direction of
their influence on the sources of social security law.
The purpose of this work is to study international
social standards and their legal characteristics. The
research methodology includes various methods
such as the dialectical method, the systemic
method, the genetic method, the logical method, the
structural-functional method, the formal-legal
method, and the comparative-legal and
sociological-legal methods. The research results
indicate that international standards in the field of
social security play an important role, as they must
be observed as the minimum criteria for the
protection of rights in the sphere of social security.
The guarantees provided by a number of ILO
Conventions and other international legal acts have
been thoroughly investigated, and norms in current
1
Doctor of Legal Science, Professor of the Civil Law Depertment of National University “Odesa Law Academy”, Ukraine.
2
Ph. D., Associate Professor, Gudge of the Supreme Court, Ukraine.
3
Ph.D., Associate Professor of the Department of Labor Law and Social Security Law of the National University “Odesa Law
Academy”, Ukraine.
4
Associate Professor of the Department of Civil and Legal Disciplines of Odesa National University named after I.I. Mechnikov,
Ukraine.
5
Ph.D., Associate Professor of the Department of Labor Law and Social Security Law of the National University “Odesa Law
Academy”, Ukraine.
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legislation that contradict international social
standards have been identified. It is emphasized that
it is necessary to consider these standards and create
specific legal mechanisms that will enable the
implementation of international norms and
principles.
Keywords: international standards of rights, social
security, social guarantees, European integration,
adaptation of legislation.
Introduction
In the modern conditions of the development of
social relations, globalization trends affect social
life and international processes. These
circumstances actualize the issue of the
implementation of international standards.
In particular, the political and economic
processes taking place in Ukraine testify to the
state's desire to integrate into the European and
world economic space. In order to further enter
the world market, an urgent task is to solve a
number of problems, including the issue of
harmonizing domestic law with the legal systems
of leading economically developed countries,
which can be solved with the help of the use of
unified norms in national law-making and law
enforcement.
The introduction of a single legal regime and the
unification of material norms also contribute to
the convergence of legal systems. In turn, it is
important to gradually solve the complex issues
of ensuring international standards of rights in
the field of social security. Thus, the international
legal regulation of relations in the field of social
protection exerts a significant influence on the
development of national legislation, on
democratic transformations in the state, and on
the development of the principle of social justice.
The right to social security, as one of the basic
rights recognized by the world community and
recorded in basic international legal acts, is
realized with the help of national efforts and
international cooperation. International legal
acts, which contain the standards of social and
economic rights, are important considering the
European strategic course of the state. At the
same time, it is important to take into account in
national legislation the standards established by
international institutions of global importance,
such as the United Nations (hereinafter – UN)
and the International Labor Organization
(hereinafter - ILO).
In view of the above, the authors set themselves
the goal of providing answers to such research
questions as:
1) What is the essence of the international legal
acts establishing standards of rights in the
field of social security?
2) Is it possible to identify the problems of
implementing international social standards
into national legislation?
3) What are the ways of implementation of
international legal acts in the legislation of
Ukraine?
Theoretical Framework or Literature Review
The article by Andrienko (2022) analyzes the
international standards of social security law in
the context of European integration processes in
Ukraine. The author concluded that Ukraine's
entry into the world community, and integration
into European and world structures is impossible
without ensuring an effective process of
implementation of the norms of international law
in the field of social protection using the
generalized experience of European states. It was
also concluded that the introduction of a system
of social standards in Ukraine, which would
really correspond to European standards and
ensure a decent standard of living for the
population, should involve the development of a
single concept of social development that would
correspond to the current period of economic
transformations in the state and take into account
their ultimate goal, and there is an urgent need to
ratify the maximum possible number of
provisions of the European Social Charter, which
will allow establishing clear guidelines for
further reforms in the social sphere, taking into
account generally recognized international
standards.
Chanysheva, A., Krasnov, Y., Pozharova, O., Potopakhina, O., Nanieva, M. / Volume 12 - Issue 65: 77-83 / May, 2023
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/ May 2023
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The concept and types of international standards
of the right to social protection are considered by
Borychenko (2019). The author determined that
international standards in the field of social
security law are a set of norms enshrined in
international acts, which, as a result of their
legalization in the domestic legislation of the
state, become mandatory for implementation or
are applied voluntarily and determine the
minimum necessary content and scope of the
right to social protection. The author also
proposed different approaches to the
classification of international standards.
The question of the essence of the social
international standard was considered by Zapara
(2011). Zinovatna (2018) analyzed the general
provisions of international standards in the field
of social security. In particular, the article
examines international social standards, and their
legal characteristics, as well as an analysis of the
directions of their influence on the sources of
social security law. The article also examines in
detail the guarantees provided for by the ILO
Convention on Minimum Standards of Social
Security No. 102 and reveals the norms of current
legislation that contradict international social
standards. The need to take these standards into
account is emphasized and the creation of
specific legal mechanisms that will allow the
implementation of international norms and
principles.
Klymenko (2019) investigated the standards and
guarantees of social security in the international
legal and domestic context. Kostyuk (2018) paid
attention to the analysis of European social
standards in the context of the modern model of
sources of social security law. Thus, the author
revealed issues related to the legal characteristics
of European social standards and the direction of
their influence on the development of the latest
model of sources of social security law. The
peculiarities of the formation of social standards
by the European Community are emphasized and
the need to take into account European social
standards in the formation of the system of
sources of social security law, in particular in the
process of codification of legislation in this area,
is emphasized.
The ratification of the Convention of the
International Labor Organization No. 102 as a
vector for improving the social security system
of Ukraine on the way to European integration
became the object of research by Krasnov
(2016).
Malyuga (2017) investigated the process of
adapting national legislation in the social sphere
to European standards as a component of the
modernization of the social protection system of
Ukraine. Moskalenko (2012) researched trends
in the development of mandatory state social
insurance and analyzed international acts on
mandatory state social insurance.
Novoselska (2017) investigated the significance
of international social standards in the legislation
of Ukraine. Shumylo (2012) also carried out a
detailed analysis of international standards in the
field of social protection.
Kolomoiets, Tsybulnyk, Moroz, Prymachenko,
& Khashev (2021) touch on the problem of
ensuring human social rights in the event of
violations in the fiscal sphere of the state, in
particular – in the event of non-receipt of budget
revenues due to the presence of schemes that
allow tax evasion.
Certain aspects of ensuring the social rights of
athletes are studied in the article «To the
Peculiarities of Legal and Non-Legal Regulation
of Social Relations in the Field of Sport» written
by Kharytonov, Kharytonova, Kostruba,
Tkalych, & Tolmachevska (2021).
Methodology
The used research methods made it possible to
solve the research tasks set by the authors, in
particular – to analyze the essence of the
international legal acts establishing standards of
rights in the field of social security; to identify
the problems of implementing international
social standards into national legislation; to find
out the ways of implementation of international
legal acts in the legislation of Ukraine.
During the conducted research, the dialectical
method was used in the study of international
standards both from the general issues of the
sphere of social security and from the practical
aspects of the issues of international standards as
a partial one. The specified stage plays a
significant role in the development of the concept
of international standards in the field of social
security because of the task of generating new
scientific knowledge, which can be solved by
moving from the concrete to the abstract (the
study of the elements problem allows to identify
regularities that are formed with the help of
abstraction from details. Therefore, the
dialectical approach made it possible to
characterize international social standards as a
legal phenomenon, to determine the regularities
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of their formation in social security law and
international legislation on this issue, and to
reveal the regularities of their implementation in
national legislation.
The application of the system method made it
possible to consider international social
standards as a complex, versatile, multi-faceted
phenomenon consisting of elements and
connections between them that form its
unchanging structure and ensure its integrity.
The genetic method made it possible to explain
the reasons for the emergence of international
standards in the field of social security and trace
the process of their formation in international
legal acts and the practice of international
judicial institutions.
The use of the logical method, which involves the
application of logical techniques (analysis and
synthesis, generalization, comparison,
abstraction, induction and deduction, analogy,
modeling) and the laws of logic (identity, non-
contradiction, exclusion of the third and
sufficient basis), allowed to define the concept of
international standards in the field of social
security as a whole, as well as individual types of
them in particular, and also classifying these
standards according to various classification
criteria.
The structural-functional method made it
possible to establish the functional purpose of
international standards for ensuring human rights
and freedoms. The formal-legal method ensured
the definition of the content of the norms of
social legislation, which establish international
standards for the protection and provision of
human rights, including taking into account their
interpretation in interpretative legal acts. The
comparative legal method made it possible, on
the one hand, to compare international standards
as a legal phenomenon that existed in the law of
social security of one legal system during
different historical periods (diachronic
comparison), which allows establishment
patterns of their development, and on the other
hand, to compare international standards as a
legal phenomenon that exists in different legal
systems during one historical period
(synchronous comparison), which will allow to
determine the positive experience of foreign
countries in their application and to outline the
directions of its consideration in domestic social
security law.
The use of sociological and legal methods is
aimed at establishing the effectiveness of the
normative consolidation of the system of
international standards for ensuring social rights
in domestic legislation, as well as at identifying
and eliminating existing shortcomings.
Results and Discussion
Is it possible to identify the problems of
implementing international social standards into
national legislation?
What are the ways of implementation of
international legal acts in the legislation of
Ukraine?
The national legislation of Ukraine enshrines the
provision that current international treaties, the
binding consent of which has been given by the
Verkhovna Rada of Ukraine, are part of the
national legislation of Ukraine (Law
No. 254k/96-VR, 1996).
This proves that international standards of human
rights, which are enshrined in international legal
acts and ratified by Ukraine, are part of national
legislation.
So, what is the essence of the international legal
acts establishing standards of rights in the field
of social security?
Ukraine's implementation of international social
standards is an effective component of our state's
participation in international legal institutions
and the fulfillment of its international legal
obligations in this area. The existing system of
international social legislation consists of legal
norms, and social standards in the field of social
protection of a person, which is decisive for the
state social policy regarding the provision of
human needs and are a criterion, a standard, and
therefore must act constantly and everywhere.
However, today not all international legal acts
containing standards in the field of social security
law have been ratified by Ukraine. So, this is a
big problem, concerning the implementation of
international social standards into national
legislation. However, we will try to find the ways
of implementation of some provisions of the
international legal acts in the legislation of
Ukraine, analyzing the international standards of
rights in the field of social security in more detail
(Table 1).
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Table 1.
International standards of social security rights
Regulatory Act
Key provisions
The Universal
Declaration of Human
Rights
exercise of the rights necessary for Proclaims the right of every person to social security and to the
maintaining his dignity and for the free development of his personality in the economic, social, and
cultural spheres with the help of national efforts and international cooperation and in accordance with
and resources of each state. In addition, everyone has the right to such a standard of living, the structure
including food, clothing, housing, medical care, and necessary social services, as is necessary for the
is family, and the right to security in the being of himself and h-maintenance of the health and well
event of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to
circumstances beyond his control (United Nations, 1948).
International Covenant
on Economic, Social,
Rights and Cultural
Recognizes that the family is subject to social protection, as the natural and main center of society. It
should be given the widest possible protection and assistance, especially during its formation and while
pendent children and their upbringing. Special protection should be it is responsible for the care of de Covenant also proclaims given to mothers during a reasonable period before and after childbirth. The ch includes the right of everyone to an adequate standard of living for himself and his family, whi
and the right to the adequate food, clothing, and shelter, the steady improvement of living conditions,
highest attainable level of physical and mental health (United Nations, 1966).
The Convention on
Minimum Standards of
Social Security
es minimum standards for medical assistance, assistance in case of illness, unemployment, old Defin
age, occupational disability or occupational disease, pregnancy and childbirth, disability, loss of the
rganization, 1952)breadwinner, and family allowances (International Labour O
Convention on
Assistance in Cases of
Industrial Injuries
Determines that the country's legislation on assistance in the event of industrial injuries must cover all
and cash benefits (International employees and provides for such types of assistance as medical care
Labour Organization, 1964).
The Convention on the
Establishment of an
International System
of Protection of Rights
in the Field of Social
Security
are; assistance in case of The Convention applies to the following areas of social security: medical c
illness; maternity benefits; disability benefits; old age benefits; assistance in case of loss of
breadwinner; assistance in case of occupational disability and occupational disease; unemployment
same time, the effect of this Convention does not extend to social benefits; family benefits At the
systems for employees, nor to special systems for war victims, nor to systems of social and medical
assistance (International Labour Organization, 1982).
Convention on and age,-disability, old
survivor benefits
According to the Convention, the following persons are subject to insurance: or all those who work for
employed population, which make up at least -hire, including students; or defined categories of the self
employed population; or all residents or those residents whose funds for -elf75 percent of the entire s
the period covered by the case do not exceed the limits established by the Convention. Disability
periodic payments benefits in accordance with Art. 10 of the Convention are provided in the form of
(International Labour Organization, 1967).
The Convention on the
Equality of Citizens of
the Country and
Foreigners and
Stateless Persons in
the Field of Social
Security
Organization may undertake to fulfill the provisions of The Convention defines that any member of the
this Convention in relation to one or more spheres of social security: medical assistance; assistance in
istance; connection with illness; assistance in connection with pregnancy and childbirth; disability ass
old age assistance; assistance in connection with the loss of a breadwinner; assistance in case of
occupational disability and occupational disease; unemployment benefits; family benefits. In addition,
which this Convention is in force shall grant in its each member of the Organization in respect of
territory to the nationals of any other member of the Organization in respect of which this Convention
to them, is also in force the same rights as its own nationals, both as regards the extension of legislation
and as regards the right to assistance in each field of social security in respect of which he has
undertaken the obligations arising from this Convention. With regard to survivorship benefits, equal
ember of the Organization in respect of which this rights apply to dependents of nationals of a m
Convention is in force, regardless of the nationality of such dependents (International Labour
).62Organization, 19
The Convention on
Medical Assistance
and Assistance in Case
of Illness
l assistance" are defined, insurance cases are listed in connection with the The terms "medica
occurrence of which medical assistance is provided, and the minimum standards of social security are
established (International Labour Organization, 1969).
Convention European
on Social and Medical
Assistance
The member states undertake to provide social and medical assistance to citizens of other member
states who are legally present on their territory and do not have sufficient funds (Council of Europe,
1953)
The European Social
Charter
Provides general principles by which member states of the Council of Europe should be guided in
economic human rights. The European -public social policy and provides legal guarantees of socio
member states of the Council of Europe agreed to provide their Social Charter establishes that the being. The Charter -population with rights in order to improve their standard of living and social well public mandates a common and coordinated approach to combating poverty and also defines areas of
life to which persons living in situations of material exclusion or poverty and their family members
must have access. The following are recognized among the basic rights: the right to social security; the
right to receive services from the state; the right of the right to social and medical assistance; the
disabled to independence, social integration, and participation in public life; the right of the family to
egal and social, legal and economic protection; the right of children and adolescents to social, l
economic protection; the right of migrant workers and their family members to protection and
assistance; the right of the elderly to social protection; the right to protection from poverty and social
ope, 1996).exclusion; the right to housing (Council of Eur
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As a result of the analysis of the above-
mentioned normative legal acts, it can be
concluded that the specified normative legal acts
establish:
1) general principles of construction,
management, and financing of the national
social security system, its organizational and
legal forms;
2) types of social risks;
3) types of social security, sizes, scope, and
conditions of their appointment.
Regarding Ukraine and its path to the
implementation of social standards, it is worth
noting that the Law of Ukraine "On the Approval
of the Nationwide Program for the Adaptation of
the Legislation of Ukraine to the Legislation of
the European Union" defines the mechanism for
Ukraine's compliance with the third Copenhagen
and Madrid criteria for acquiring membership in
the European Union, which includes the
adaptation of legislation, formation of relevant
institutions and other additional measures
necessary for effective law-making and law
enforcement (Law No. 1629 – IV, 2004).
Therefore, it is fair to note that the international
legal regulation of relations in the field of social
protection of citizens exerts a significant
influence on the development of national
legislation in our country. And the application
and consideration in the national legislation of
the standards defined by the UN and the ILO are
important and necessary to ensure social
guarantees in Ukraine.
Conclusions
As a result of the conducted study of
international standards of rights in the field of
social security, the following was established:
1. Social standards in international normative
legal acts do not lose their relevance,
because the declaration of a state as a social
one implies the creation of healthy and
dignified living conditions for every person.
2. The main institutions creating minimum
standards of social rights are the UN and the
ILO. At the same time, the ILO Conventions
usually do not have strict provisions
regarding the organization of the national
social security system, states are suggested
to choose the most appropriate
organizational and legal forms of social
security depending on the level of economic
development. At the same time, the UN and
EU bodies determine the minimum
acceptable norms that must be fulfilled by
the states.
3. European values of Ukraine and devotion to
universal values can be realized only on the
basis of consistent formation of democratic
foundations of social development and
adaptation of legislation in accordance with
international standards.
This shows that the goal of the article has been
achieved and analyzed both directly international
legal acts and their impact on the national legal
system, including problematic issues and
positive developments.
Regarding further scientific research, we
consider it necessary to analyze the issue of
foreign experience in the implementation of
international social standards into national
legislation.
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