The connection between the state and the law in the context of the social security reform of the civil service of Ukraine
Year: 2025
Type: article
Abstract: It is noted that the reform of the social security system for the civil service of Ukraine under conditions of global transformation is a process initiated and implemented by the state in relation to individuals engaged in professional activities in the public interest. Since civil servants knowingly forgo certain lawful rights and opportunities that they could otherwise exercise in the private sector or through self-employment, this process of social security assumes a normative character and complies with the requirements of legal regulation. This article is devoted to elucidating the legal essence of the relationship between law and the state within the context of the reform of the civil service’s social security system in Ukraine. It is established that the interrelationship between the state and law is manifested in several key conceptual dimensions: first, the state governed by law shapes law as a juridical phenomenon, recognising certain social relations as legally significant and subject to normative regulation; second, law, as institutionalised by the state, constitutes the indispensable condition for the very existence of the state as a legitimate public institution; third, although law may exist independently of the state – and vice versa – a state governed by the rule of law is always a product of law itself. The contemporary relationship between law and the state is characterised by both formal and substantive interdependence. On the one hand, law provides the normative foundations for the creation and development of a rule-of-law state; on the other, the state establishes the institutional framework for the effective functioning of law, including its enforcement and protection against violations. In this regard, the reform of the social security system for the civil service in Ukraine (particularly in the context of globalisation) must be grounded in a coherent regulatory framework and implemented through a well-defined legal mechanism. At the same time, the effective functioning of the legal mechanism for the implementation of civil service social security reform cannot be achieved without observing the formal and substantive relationship between law and the state. This is because: (1) the reform mechanism is inherently legal in nature, and (2) Ukraine, as a constitutional democracy, adheres to the principles of a state governed by the rule of law. Moreover, this mechanism is premised on a set of legal principles which guide its development and execution. It is demonstrated that the regulatory framework for implementing the reform of civil service social security under conditions of globalisation constitutes an integral component of the legal mechanism underpinning the reform. This framework consists of the operative norms of Ukrainian legislation that define the objectives, content, procedures and modalities of the reform process. Structurally, the regulatory framework is objectified across four tiers of normative legal acts. The first is the Constitution of Ukraine, which provides the foundational legal basis for the reform. The second tier encompasses international legal instruments containing relevant standards and obligations that inform and guide the reform process in the context of globalisation. The third and fourth tiers comprise domestic legislative and subordinate acts, which codify the substantive and procedural norms through which the reform of civil service social security is operationalised.
Author: V. H. Kostenko
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413198814