The right of citizens to social protection in Ukraine and european states: comparative legal aspects of constitutional regulation

The content of the provisions of the respective norms of the constitutions of Ukraine and European states that enshrine the right to social protection has been studied. It is noted that the right to social protection is one of the most important social rights of citizens, manifested in the fact that every citizen has the right to assistance and support from society and the state in case they cannot provide for themselves and their family due to objective circumstances. It guarantees primarily to the incapacitated, under certain conditions, to have certain benefits at a minimum level. At the same time, this right is connected with the economic and other capabilities of the state, and without the allocation of necessary funds, it cannot be implemented. It is emphasized that in legal science there is no unequivocal understanding of the concept of ‘social protection’ as a legal category. A conclusion has been drawn about the ambiguity of the presentation of the right to social protection in European countries. Indeed, in the constitutions of Azerbaijan, Albania, Bulgaria, Armenia, Greece, Denmark, Spain, Latvia, Lithuania, North Macedonia, Moldova, Monaco, the Netherlands, Poland, Portugal, Serbia, Slovakia, Slovenia, Turkey, Hungary, the Czech Republic, France, and Switzerland, the studied right is highlighted in a separate article. At the same time, in the constitutions of Andorra, Belgium, Estonia, Italy, Romania, San Marino, Finland, and Croatia, this right is enshrined alongside other constitutional human rights, in particular the right to health care; the right to education and vocational training; rights related to childbirth, motherhood, and childcare; as well as rights to medical assistance, housing, and a safe environment. It has been pointed out that part 1 of Article 46 of the Constitution of Ukraine enshrines the legal grounds under which a person has a need for social security, namely: in the case of total, partial, or temporary loss of working capacity, loss of a breadwinner, unemployment, and old age, which, according to international social standards, are considered social risks inherent to every person as a member of civil society, and are determined by their biological, physiological, and social nature. It is proposed, considering the positive experience of European states regarding constitutional regulation of the right to social protection, to bring the provisions of Article 46 of the Constitution of Ukraine in line with European standards.