ECONOMIC AND LEGAL ASPECTS OF SOCIAL SECURITY OF WORKERS UNDER MARTIAL LAW

Abstract

The subject of the present study is the conceptual, theoretical, empirical and methodological foundations of the economic and legal aspects of social security of workers under martial law. Methodology. The present study employed both general and special methods of cognition. The dialectical method was utilised to assess the social security of workers under martial law. This assessment encompassed the subjects of labour law and social security law, as well as projections on the economic and legal planes. The analysis established the parameters for a comprehensive examination of the multifaceted characteristics of social security as an autonomous domain of social existence and a constituent of labour relations under martial law. This examination encompassed the economic and legal etymology of the concept. The synthesis resulted in the establishment of the necessary foundations for the generalisation of the distinctive characteristics of social security for workers, in relation to state management activities and the implementation of the content of labour relations. The formal-legal method facilitated the accurate interpretation of the legislation and local acts of the employer, which delineated the general and special legal regime of social security for employees under martial law. The purpose of this article is to examine the economic and legal aspects of employees' social security under martial law. The findings of the study demonstrated that under martial law, the economic and legal dimensions of employees' social security are characterised by intricacy. This complexity is evident in the implementation of the state's administrative activities and the measures employed by employers, which are strategically designed to safeguard the social well-being of employees in consideration of various factors. The study established the necessary foundations for the delineation of strategies to enhance the social security of employees under martial law, with particular reference to economic and legal dimensions. Conclusion. It is important to note that economic factors have a significant impact on the social security of employees, particularly under the legal framework of martial law. This is due to the diverse sources of financing available, the variety of their origins, and the range of material and financial assistance available. Concurrently, micro and macroeconomic indicators of societal and state development, encompassing per capita income, total state budget revenue, social security expenditures, and the distribution of expenditures by sector, directly impact the implementation of the content of state administration in this domain and the comprehensive provision of employee rights and freedoms within the framework of relevant labour relations. The analysis of the legal aspects of social security for employees under martial law reveals a multifaceted approach to determining such complex rights in legislation and scientific research. Given the distinction between social security law and labour law, it is noted that there are signs of the adjacent use of regulatory material from the former to regulate labour relations on issues related to the implementation of employees' constitutional right to protection and assistance in difficult life circumstances. In conditions of martial law, particular emphasis is placed on the issue of social security for workers. This is achieved by classifying workers according to three categories: those who ensure national security, those who have suffered from armed aggression, and those who exercise their right to work in non-traditional forms of employment. The implementation of the content of labour duties is subject to both a general and special legal regime. Attention is drawn to the need to establish and implement additional social protection mechanisms for workers in the security and defence sector. This is justified by the fact that they perform labour activities on behalf of the state and implement its priority function in conditions of existential challenges. Concurrently, social security should be differentiated into general and special categories. The former is in the nature of providing assistance at the level of minimum social standards, and the latter is designed to create conditions for the protection of public interests, including by creating additional instruments in the field of social security of certain categories of persons whose labour activities are significant for society under the above circumstances. The opinion expresses the view that more attention should be paid to the social security of workers in times of war and post-war periods, particularly in critical production areas and among the most vulnerable categories of persons. Proposals are made to improve the legal regulation of workers' social security in conditions of martial law and the post-war period, taking into account Ukraine's international obligations in the field of workers' rights protection.