GENERAL LEGAL PRINCIPLES FOR THE REFORM OF SOCIAL SECURITY IN THE CIVIL SERVICE IN THE CONTEXT OF GLOBALIZATION
DOI:
https://doi.org/10.34015/2523-4552.2023.4.02Keywords:
civil service, general legal principles globalization, principles of law, reform, social protection, social securityAbstract
The article is focused on elucidating the content of the general legal principles underpinning social security reform in the civil service in the context of globalization. The author asserts that in Ukraine, as a rule-of-law state, the reform of the social protection and security system (including the social security of the civil service) ought to be founded on legal principles. These principles form a conditional system that encompasses general legal, sectoral, and special principles. The general legal principles guiding the reform of social security in the civil service, within the context of globalization, are instrumental in ensuring that such reforms and their outcomes neither disrupt law and order in the state nor diverge from the objective of social security in Ukraine. Consequently, these principles should encompass the rule of law, human-centeredness, legality, equality of rights and opportunities with a prohibition of discrimination (i.e., the principle of equal treatment), and justice. Drawing from an extensive analysis of these principles, pivotal standards for implementing a socially secure reform of the civil service's social security within the context of globalization are established. The article's conclusion synthesizes the study's findings and underscores the necessity of developing a Concept for the reform of social security in the public service. This Concept should be aligned with the fulfillment of the rule of law principle, particularly in terms of legal certainty. The conceptual document in the proposal should address the challenges and risks stemming from globalization processes worldwide and align with the principles of enacting such reform, especially with general legal principles. It is emphasized that the adoption of this Concept will not only enhance the legal certainty of the transformations within the social security system but also prevent any misinterpretation of the reform's purpose. This includes avoiding the use of reform measures that could potentially weaken the level of social security afforded to civil servants.
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