Modern model of resolving disputes in the field of social protection

The article under studies analyzes the legal nature of disputes in the field of social protection, as well as outlines their peculiarities and mechanisms of resolution. It points out that the modernization of the system of social security is indispensably related to the modernization of the model of protection of the right to social security. Particular emphasis has been laid on an increase in the proportion of disputes regarding the protection of social human rights, which has been stipulated by a number of objective factors. There is an urgent need for effective protection of the right to social protection under martial law, which leads to an increase in both the number of various types of social security ensured by the State and the number of their eligible recipients. Undoubtedly, the model for resolving such disputes requires certain modernization, in particular, with due regard to the recommendations of European institutions. As a result, it should ensure access to justice and guarantee an effective mechanism for restoring violated (disputed) social rights. The right to a fair trial is enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, thereby guaranteeing the right of everyone to a fair and public hearing within a reasonable time by an independent and impartial tribunal. The article substantiates the fact that disputes in the field of social protection have a special subject composition, where, on the one hand, there is a subject of authority, and, on the other hand, an individual whose subjective right has been violated (or not granted). This is a private right of a person to receive a particular type of material support or social service. Consequently, a dispute in the field of social protection has a dual legal nature – on the one hand, it is based on the public and private interests of a subject authority, and, on the other hand, on the private interest of an individual. The article emphasizes that the rule of law should become the defining principle in the process of resolving disputes in the field of social security. This will provide for judicial protection of social rights, access to justice, and fairness of social dispute resolution. Access to justice is an important condition for ensuring the protection of social human rights. In addition, the article justifies the expediency of exempting certain categories of the population, who find themselves in difficult socially significant circumstances (families with children, low-income families, homeless minors, single persons in the absence of persons legally obliged to support them, homeless persons), from paying court fees in cases involving violation of their social rights. It points out that the formation of a system of specialized social courts in Ukraine at this stage seems premature and unreasonable, since it may lead to difficulties in determining the jurisdiction of a dispute and to discrepancies in the resolution of disputes by different courts. There is also a lack of necessary financial and material maintenance for the operation of social courts, training of qualified judges, etc. The article identifies the basic peculiarities of disputes in the field of social protection in the following way: a special dual legal nature of the dispute; clear definition of the procedure for resolving within the framework of administrative proceedings; simplified procedure for consideration; application of the mechanism of immediate enforcement of a court decision in the course of hearing of certain categories of cases.