社会保障体系中的国家社会标准和规范

V.V. Andreev, V.O. Timashov
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摘要

文章分析了社会标准和规范的概念、作为提供各类福利基本指标之一的最低生活保障、其目标、范围和法律规定的特殊性。研究了社会标准和规范体系的形成以及最低生活保障在公民社会保障中的作用。一个承认自己是法治国家和社会公正国家的国家,必须确保能满足公民实际基本需求的生活工资。基本社会标准应体现社会公正的理念,并通过其实际规模实现收入平等。在以最低生活费作为国家标准的情况下,国家预算中的社会支付不应对不同人群的物质支付造成成百上千倍的差异。需要强调的是,立法者在确定低收入公民的水平时采用了不同的方法,因为这在法案中不尽相同,而最低生活费被公认为国家层面的主要社会标准。值得注意的是,《乌克兰各年度国家预算法》规定的最低生活费几乎是主要人口群体实际生活费的一半。大部分社会支付不能满足公民及其家庭的基本需求,国家预算资金的分配违反了社会公正的原则,这导致了大量公民的不满。事实证明,国家降低了居民的社会标准。结论是,应修订基本社会标准和规范,以提高这些标准和规范,确保公民过上体面的生活。建议在分配由国家预算支付的各类款项时坚持社会公正原则,以缓解社会紧张局势。国家必须遵守《基本法》第 48 条关于确保公民本人及其家庭生活水平的宪法规定。
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State social standards and norms in the system of social protection
The article analyses the concepts of social standards and norms, the subsistence minimum as one of the basic indicators for providing various types of benefits, their objectives, scope and peculiarities of legal regulation. The formation of a system of social standards and norms and the role of the subsistence minimum in social protection of citizens are studied. A state that recognises itself as a state governed by the rule of law and social justice must ensure a living wage that covers the real basic needs of its citizens. The basic social standard should embody the idea of social justice and equalise incomes by means of its real size. Social payments from the state budget should not vary hundreds or thousands of times in material payments to different segments of the population where the subsistence minimum is used as the state standard. It is emphasised that the legislator uses a diverse approach to determining the level of low- income citizens, since it is not the same in legal acts, and the subsistence minimum is recognised as the main social standard at the state level. It is noted that the subsistence level set by the Law of Ukraine «On the State Budget for the respective year» is almost half as low as the actual cost of living of the main population groups. Most social payments do not meet the basic needs of citizens and their families, and state budget funds are distributed in violation of the principle of social justice, which leads to dissatisfaction among a significant number of citizens. The state reduction of the social standards of the population is proved. It is concluded that basic social standards and norms should be revised towards their increase to ensure a decent standard of living for citizens. It is proposed to adhere to the principle of social justice when assigning various types of payments provided at the expense of the State budget in order to reduce social tension in society. The State must comply with the constitutional provision on ensuring the standard of living of citizens for themselves and their families, as set out in Article 48 of the Basic Law.
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