Organizational and legal mechanisms of the functioning of the social state

Abstract

The article examines conceptual approaches to defining the social state and identifies legal mechanisms for its functioning. Ukraine’s transition to market relations, aggravated by Russia’s military aggression, has deeply affected the legal system, requiring reforms in social policy and law. Although the Constitution defines Ukraine as a social state, the realization of this principle remains inconsistent. The early stages of market transformation were marked by mass violations of social rights, declining health guarantees, rising unemployment, and reduced material security for vulnerable groups such as pensioners, people with disabilities, the unemployed, and low-income families. Addressing these challenges requires reducing social tensions through a new system of social guarantees. The experience of European welfare states, notably Germany, France, Spain, and Sweden, shows that constitutional recognition of the social state must be supported by effective institutions and legal mechanisms. In Ukraine, however, many normative acts remain declarative, lacking clear implementation procedures. The absence of a unified conceptual framework for social policy, combined with fragmented responsibility between state institutions, hinders its effectiveness. Social policy should be legally defined by Parliament, not left to ad hoc executive initiatives. A framework law on social policy is needed to establish its definition, goals, principles, mechanisms, and funding sources, while clarifying the competencies of state and local authorities. This would ensure that social rights enshrined in the Constitution—such as the right to social protection, health care, and a sufficient standard of living—move from declarations to enforceable guarantees. The article argues for developing a comprehensive Concept of Social Policy and adopting a law on the social budget. The latter would consolidate financial planning for social needs, ensure transparency, and serve as a key instrument of welfare state building. Strengthening the legal foundations of social policy and social budgeting would help Ukraine reduce inequality, guarantee human dignity, and align with European standards of social protection.