Social protection as a special socio-legal phenomenon
Authors: Anpilohova B.Yu. 
Published: October 2023

The article aims to elucidate the conceptual essence of the socio-legal phenomenon known as social protection. To fulfill this objective, we delve into specialized scientific and legal literature that sheds light on various facets of social protection and its interconnected socio-legal phenomena. Our research methodology encompasses a range of scientific methods, including formal-logical, formal-legal, dialectical, system-structural, and generalization methods.

«Social protection» can broadly be construed as a cohesive set of targeted initiatives, spearheaded by both state and civil society actors. These initiatives, primarily of a legal, economic, and social nature, are geared toward supporting and ensuring the welfare of society’s most vulnerable groups. This might include specific sectors, such as employees from a particular industry or even a singular enterprise. In the contemporary landscape of Ukraine’s social law doctrine, social protection emerges as a multifaceted socio-legal phenomenon. Firstly, this complexity stems from the intricate web of entities that facilitate social protection. This network encompasses public service bodies at the national and local (regional and municipal) levels and extends to organizational frameworks like enterprises, institutions, and other organizations. Additionally, civil society entities, along with other mandated bodies, play pivotal roles in bolstering this protective framework. Beyond its foundational concept, «social protection» carries dual connotations. Firstly, it represents the concerted efforts of entities dedicated to providing social protection, working towards ensuring social security. Secondly, it epitomizes the tangible outcomes resulting from these endeavors. These outcomes culminate in fostering a climate of social security, whether at the individual, group, or overarching societal levels. Central to this environment of security are several pivotal conditions: the proactive prevention of new or escalating social risks; the rectification of identified social threats; and the strategic reduction of impacts from risks that cannot be entirely eliminated.

In Ukraine, social protection stands out with distinct characteristics. Firstly, it mandates a unique mechanism for the execution of public policies within the social realm, positioning itself as an exclusive socio-legal institution. Secondly, its dedicated legal machinery drives the evolution and materialization of social protection. Thirdly, this system is more than a mere institution; it is a socio-legal entity with a clearly defined objective and a myriad of tasks. These defining traits underline that the very essence of social protection in Ukraine is intimately tied to another socio-legal phenomenon: social risk. There exists an undeniable nexus between social protection and social risk, underpinned by several compelling reasons. Firstly, social protection’s essence lies in ensuring the conditions for social security. This is attained through the proactive prevention of social risks and challenges, the mitigation of their adverse effects, and their elimination when feasible. Secondly, this symbiotic relationship is further reinforced by the state’s commitment, alongside local governments and civil society entities, to execute its social function. This commitment stems from the imperatives of the principle of social solidarity. This principle mandates unwavering attention to both the tangible and potential challenges in securing the well-being of individuals or groups.