On the definition of the concepts "social protection" and "social security" (legal aspects)

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Introduction: the article gives a comparative analysis of the nature and content of the concepts "socialprotection" and "social security" in legal literature and social legislation. In the few scientific and legal sources dealing with this issue, there have been developed several approaches to their definition. Some authors who write about the content of "social protection" consider it as a complex concept, and not only use the basic provisions of social security law but also include the context of labor, family and civil law. As for the "social security" concept, in legal publications one can find statements that this term is more of a historical character, as it only relates to a specific period of the 20th century. In addition, there is an opinion that this legal concept is connected with the subjective right of citizens to receive assistance from the state or is characterized as a special form of distribution relations. Purpose: to justify the need to analyze these concepts as objects of system analysis in order to determine their comparative characteristics. Methods: the analysis is based on the systemic and comparative law methods. Results: the revealed ambiguity in interpretations of "social protection" and "social security" confirms the complexity of the social phenomena denoted by these terms. It is shown that the difficulties with the interpretation are largely due to the lack of the legal interpretation of the concepts. Conclusion: the concepts of social security and social protection are not identical, since social security represents only one of the forms of social protection, which is dominated by the principles of state organization with a very limited use of it.

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Social protection, social security, key concepts, analysis

Короткий адрес: https://sciup.org/147202602

IDR: 147202602   |   DOI: 10.17072/1995-4190-2017-36-203-209

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