GUARANTEES OF ENSURING THE LEGALITY OF PROVIDING PUBLIC SERVICES IN THE FIELD OF SOCIAL PROTECTION OF THE POPULATION

Abstract

The scientific article is devoted to the coverage of the concept and types of guarantees to ensure the legality of public services in the field of social protection. There are two elements in the structure of legal guarantees of the legality of the provision of public services in the field of social protection – legal norms and the activities of entities. Thus, the rule of law establishes specific obligations for the subject of legal relations, the implementation of which (ie the activities of the subject) will ensure the realization of the rights of another subject. The law, in turn, is the legal basis of legal activity, and legal activity is a means of enforcing the law. Special guarantees of ensuring the legality of the provision of public services in the field of social protection include legal (legal) guarantees of legality, which are specific legal means and internal legal mechanisms that are the real embodiment of legality in the legal sphere. Legal guarantees for ensuring the legality of the provision of public services in the field of social protection include: completeness and effectiveness of legal norms; high level of control and supervision over the implementation of the law; quality activities of the competent authorities to ensure the rule of law; improvement and improvement of legal practice; effectiveness of legal liability measures. Special legal guarantees to ensure the legality of public services in the field of social protection can be classified into the following groups: a) general legal guarantees (development of the legal system as a whole; completeness and consistency of legislation; availability of developed legal techniques and legal procedure; a certain level of legal culture ); b) – organizational and legal guarantees (activities of the legislative, executive, judicial authorities and the President of Ukraine as a guarantor of the Constitution of Ukraine, as well as special purpose bodies as a guarantor of the effectiveness of laws and creating conditions for their implementation and protection); c) procedural guarantees (availability of effective means of state coercion; presumption of innocence; equality of legal status; inalienability of rights and obligations of subjects; normatively defined principle of inevitability of punishment for violation of the Law). Types of guarantees to ensure the legality of public services in the field of social protection in Ukraine include: a) appeals against decisions, actions or omissions of public administration to provide public services in the field of social protection in court (administrative proceedings); b) control over the activities of public administration entities to provide public services in the field of social protection; d) appeals of individuals (citizens and stateless persons) in accordance with the Law of Ukraine «On Appeals of Citizens»; e) prosecution of public servants for refusing to provide a certain type of public service in the field of social protection.