ON THE BASIC SOCIAL RIGHTS OF SELF-EMPLOYED PERSONS

Abstract

The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The article analyzes the concept of “social rights”, which is closely related to such as “social protection” and “social law”. The article stipulates that self-employed persons can simultaneously act as subjects-recipients of social security and those persons who actually provide this security. It is concluded that the subjective rights of self-employed persons in the field of social security in general should be noted: the right to demand the provision of one or another type of security (pension, benefits, compensation, social services, benefits) in the statutory amount and in the prescribed manner, and also implementation by the obligated subject of other actions for the purpose of realization by the citizen of all opportunities provided to it by the law. Individual entrepreneurs who act as employers in the field of socially secure relations have the right to: provide additional material compensation, freely dispose of various social funds of the enterprise, and so on. However, if self-employed people can decide on support measures according to their own wishes and abilities, they also need to pay attention to the legal obligations of social security workers in the process of work. Such responsibilities include: insurance premiums, including – on compulsory national pension insurance, the obligation to provide relevant information (on dismissed employees; on the state of labor protection of enterprises, institutions, organizations), etc.