Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 78
Julio
Septiembre
2023
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
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Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 78 (2023), 649-661
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 02/02/23 Aceptado el 14/04/23
The essence of administrative legal
relations in the sphere of social security
for persons with disabilities
DOI: https://doi.org/10.46398/cuestpol.4178.44
Kostyantun Fomichov *
Nataliia Maksymenko **
Oleksandr Yunin ***
Khrystyna Rezvorovych ****
Taisia Shevchenko *****
Abstract
The purpose of the study was to learn the essence of
administrative and legal relations in the sphere of social protection
of persons with disabilities, to identify their characteristic
features and, at the same time, to provide a legal description. A
complex of scientic knowledge methods were used, based on
the technique of analysis and synthesis, formal-legal, logical-semantic and
statistical generalization. Administrative and legal relations in the sphere
of social protection of disabled persons are an integral part of the state
administration, whose policy is aimed at ensuring their social protection on
an equal footing with other citizens, in terms of their participation in public
life. It is concluded that, the state policy in the eld of social protection
of persons with disabilities consists in providing a certain list of social
payments, social services and implementation of rehabilitation measures,
etc., which determines the special legal status of these persons. It has been
shown that military actions on the territory of Ukraine are associated with
an increase of citizens suering from various degrees of damage, leading to
persistent disorder of health and life activities, in terms of disability.
Keywords: social protection; persons with disabilities; administrative
legal relations; subjects of legal relations; human rights.
* Volodymyr Vinnichenko Central Ukrainian State University, Kropyvnytskyi, Ukraine. ORCID ID:
https://orcid.org/0000-0003-2062-6441
** Volodymyr Vinnichenko Central Ukrainian State University Kropyvnytskyi, Ukraine. ORCID ID:
https://orcid.org/0000-0002-1005-5115
*** Dnipropetrovsk State University of Internal Aairs. ORCID ID: https://orcid.org/0000-0003-4846-
2573
**** Dnipropetrovsk State University of Internal Aairs. ORCID ID: https://orcid.org/0000-0003-1183-
613X
***** Dnipropetrovsk State University of Internal Aairs. ORCID ID: https://orcid.org/0000-0002 -2426-
4372
650
Kostyantun Fomichov, Nataliia Maksymenko, Oleksandr Yunin, Khrystyna Rezvorovych y
Taisia Shevchenko
The essence of administrative legal relations in the sphere of social security for persons with disabilities
La esencia de las relaciones jurídicas administrativas
en el ámbito de la seguridad social de las personas con
discapacidad
Resumen
El objeto del estudio fue conocer la esencia de las relaciones
administrativas y jurídicas en el ámbito de la protección social de las
personas con discapacidad, identicar sus rasgos característicos y, al mismo
tiempo, proporcionar una descripción jurídica. Se utilizaron un complejo
de métodos de conocimiento cientíco, basados en la técnica de análisis y
síntesis, generalización formal-jurídica, lógico-semántica y estadística. Las
relaciones administrativas y jurídicas en el ámbito de la protección social
de las personas discapacitadas son parte integrante de la administración
estatal, cuya política tiene por objeto garantizar su protección social
en igualdad de condiciones con los demás ciudadanos, en cuanto a su
participación en la vida pública. Se concluye que, la política estatal en el
campo de la protección social de las personas con discapacidad consiste
en proporcionar una lista determinada de pagos sociales, servicios sociales
e implementación de medidas de rehabilitación, etc., lo que determina el
estatus legal especial de estas personas. Se ha demostrado que las acciones
militares en el territorio de Ucrania están asociadas con un aumento de
ciudadanos que suferen diversos grados de daño, lo que conduce a un
trastorno persistente de la salud y las actividades vitales, en términos de
discapacidad.
Palabras clave: protección social; personas con discapacidad; relaciones
jurídicas administrativas; sujetos de relaciones
jurídicas; derechos humanos.
Introduction
Having ratied the foundations of the UN Convention “On the Rights
of Persons with Disabilities” (Convention on the Rights of Persons with
Disabilities, 2006), Ukraine undertook to dene a political state course
aimed at social protection of persons with disabilities.
The Preamble of the UN Convention on the Rights of Persons with
Disabilities denes disability as an evolving concept, and that disability
is the result of the interaction that occurs between people with health
impairments and relational and environmental barriers that prevent their
full and eective participation in society on an equal basis with others
(Convention on the Rights of Persons with Disabilities, 2006). That is why
the government of the state introduced a social political model of support
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CUESTIONES POLÍTICAS
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for persons with disabilities with the introduction of a barrier-free social
environment for them, with the opportunity to become an active layer of a
progressive society and the opportunity to realize their potential.
The government of the state took a number of measures aimed at
ensuring the independence of persons with disabilities, the implementation
and realization of constitutional rights and freedoms in all spheres of life,
taking into account their characteristics.
1. Objective of the research
The purpose of the study is to reveal the object of administrative and
legal relations in the eld of social protection of persons with disabilities,
with the determination of their fullness of constitutional rights and the
granting of a special legal status. To identify signs of legal relations in the
eld of social protection of persons with disabilities and to provide their
characteristics.
2. Methodology
In the course of the research, a complex of general scientic and
special methods of scientic knowledge was used, taking into account
the peculiarities of building relationships in the eld of social protection
of persons with disabilities. Thus, the method of analysis and synthesis
made it possible to determine the object of legal relations in the eld of
social protection of persons with disabilities based on the opinions of
leading scientists; logical and semantic allowed to form the essence of
administrative legal relations in the eld of social protection of persons with
disabilities; formal and legal – to highlight and characterize the signs of
administrative and legal relations in the eld of social protection of persons
with disabilities; the method of statistical research.
By analyzing the data of the dead and persons who received various
degrees of injuries as a result of hostilities on the territory of the country,
indicating the number by regions of the country, to determine the
connection with the increase in the percentage of people with various
degrees of persistent health disorders and impossible implementation
of life activities to the full extent compared to other members of society;
scientic generalization - on the basis of successive analytical operational
actions, the main directions of the state’s social policy regarding persons
with disabilities and providing them with ways of social adaptation as full-
edged citizens of society are determined; cause-and-eect relationships
- in the process of arguing for an increase in the number of people with
652
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Taisia Shevchenko
The essence of administrative legal relations in the sphere of social security for persons with disabilities
persistent disorders of the body’s functions, which leads to the limitation of
their life activities, the ways of social and legal protection are determined.
The study of legal aspects of the formation of state policy in the eld of
protection of persons with disabilities was carried out by such scientists as:
Serhiy Kandyba (Kandyba, 2020), Oleksandra Parovyshnyk (Parovyshnyk,
2015), Tetyana Kolomoiets (Kolomoiets, 2011), Svitlana Pasichnichenko
(Pasichnichenko, 2010) and others.
The issue of state support in the eld of social protection of persons with
disabilities and the formation of rehabilitation programs for this category
is becoming relevant, especially today, in wartime conditions, when the
number of people who have received physical and psychological injuries,
which leads to the limitation of life activities, as a result of military actions,
is constantly increasing.
3. Results of the research
Disability is a social phenomenon that requires social and legal
protection, because according to the State Statistics Service of Ukraine as of
January 1, 2020, 2.7 million people in Ukraine have a disability, including
222.3 thousand people with the I group of disabilities , 900.8 thousand
people with the II group of disabilities, 1416.0 thousand people with the III
group of disabilities and 163.9 thousand children with disabilities (Ocial
website of the Ministry of Social Policy of Ukraine, 2023).
Today, the high percentage of obtaining a permanent degree of incapacity
for work, in other words – disability, as a result of the performance of work
duties has become particularly acute. One of the main reasons for this
situation is the conduct of hostilities on the territory of Ukraine due to the
full-scale military invasion of the Russian Federation.
Thus, as of January 3, 2023, as a result of hostilities at Ukrainian
enterprises since the beginning of the war, 771 workers died and received a
certain degree of incapacity for work, 222 of them died. The largest number
of victims among employees of enterprises registered:
• in Kyiv – 160 victims, 41 of whom were fatally injured;
• in Dnipropetrovsk region – 99 injured, 33 fatal;
• Kharkiv region – 79 injured, 17 fatal;
• Mykolaiv region – 76 injured, 28 fatal;
• Donetsk region – 68 injured, 12 fatal;
• Zaporizhzhia region – 60 injured, 12 fatal;
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• Vinnytsia region – 40 injured, 12 fatal;
• Sumy region – 28 injured, 12 fatal;
• Chernihiv region – 28 injured, 8 fatal;
• in the Kyiv region – 27 injured, 11 fatally;
• and also in the Kirovohrad region – 23 injured, 11 fatally (Bakhmat
city community – 2017-2023, 2023).
The above data do not include statistics of persons killed in the
performance of functional duties and persons who received the appropriate
degree of incapacity for work - disability, from the number of policemen,
rank-and-le and senior sta of the internal aairs bodies of Ukraine, civil
protection bodies and units of the State Emergency Service, and military
personnel during the defense of Ukraine.
Also today, the number of people becoming disabled is increasing due
to receiving shrapnel injuries as a result of mine-explosive injuries, which
are the most widespread as a result of military actions on the territory
of Ukraine. This was felt from the very beginning of the Anti-Terrorist
Operation, which was later transformed into the Operation of the United
Forces, which was conducted against the Russian aggression launched in
the east of Ukraine.
Thus, according to the results of the analysis of medical scientists during
the conduct of ATO/OS on the territory of Ukraine, it was shown that in
the structure of sanitary losses of the surgical prole, wounded with limb
injuries make up 56.7–62.6%. The results of clinical-epidemiological and
clinical-anatomical studies prove that 80.4% of the wounded with shrapnel
injuries of the limbs, 13.1% with bullet injuries, 2.2% with mine-explosive
injuries, and 4.3% with explosive injuries (Khomenko Igor et al., 2021: 128).
To date, the number of injured persons - citizens of Ukraine as a result
of military operations, which would lead to disability, has not yet been
announced, as the war continues. According to the ocial information of
juvenile prosecutors, as of January 13, 2023, 453 children died and more
than 877 were injured of various degrees of severity (Ocial website of the
Os Heneralnoho prokurora Ukrainy, 2023), which led to varying degrees
of health and vital activity disorders.
All these aected persons with the acquisition of a persistent health
disorder, the number of which is constantly increasing, need social
protection and the implementation of an eective social and legal policy.
This and the indicated numbers already speak of the necessity and
relevance of conducting a study of the peculiarities of legal regulation of
administrative relations of social protection of the disabled.
654
Kostyantun Fomichov, Nataliia Maksymenko, Oleksandr Yunin, Khrystyna Rezvorovych y
Taisia Shevchenko
The essence of administrative legal relations in the sphere of social security for persons with disabilities
To begin with, let us dene the subject of legal regulation of relations.
Turning to the theoretical foundations of administrative law, administrative
and legal relations are an integral part of social relations arising in the
process of state administration as organizational ties between their
participants. Administrative and legal relations are public relations in the
sphere of public administration, the participants of which act as bearers
of rights and obligations regulated by the norms of administrative law
(Harashchuk and Bohutskyi, 2010).
Accordingly, legal relations arise between the participants of these
relations, on one side of which is the subject of authority, who exercises
management in this sphere of relations, on the other - the corresponding
person, endowed with rights and obligations. The basis for the emergence
of these relations and the establishment of the specics of their regulation
are the relevant legal norms. To conrm this thesis, one should turn to the
foundations of the theory: administrative-legal norms serve as the basis for
the emergence of administrative-legal relations. Norms themselves do not
directly create them, but only predict in a general form the conditions for
their occurrence (Harashchuk and Bohutskyi, 2010, 57).
Therefore, the behavior of the subjects of legal relations is regulated by
the norms of administrative law, which, based on the nature of law, form
the corresponding mutual rights and obligations. In the framework of this
thesis, Olena Kharitonova denes administrative and legal relations as
social relations regulated by administrative and legal norms, consisting in
the eld of public administration and administrative protection of public
law and order, one of the participants or all of which are the bearers of power
and subjective rights and legal obligations that are under the protection of
the state (Kharytonova, 2004).
Solidarity in this is expressed by Tetyana Kolomoets, who believes
that administrative and legal relations are social relations regulated by
the norms of administrative law, the subjects of which are endowed with
rights and obligations in the sphere of ensuring the implementation and
protection of rights and freedoms by executive power bodies and local self-
government bodies and legitimate interests of individuals and legal entities
(Kolomoiets, 2011).
Valentyn Halunko denes administrative and legal relations in two
meanings: broad and narrow. In the narrow sense, these are social relations
regulated by the norms of administrative law (Halunko, 2015).
The author reveals the broader meaning of the concept of administrative
and legal relations, relying on the theory, which is based on the understanding
that the norms of administrative law regulate public-law relations in the eld
of internal state administration (Halunko, 2015). Accordingly, according
to the scientist, relations between: 1) public administration and natural
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persons (citizens, foreigners, stateless persons) are regulated; 2) public
administration and legal entities that do not have a powerful status, and
natural persons with a special non-powerful status (for example, natural
persons-entrepreneurs); 3) between higher and lower bodies and ocials
of public administration (Halunko, 2015: 38).
Valentyn Halunko singled out the following features that characterize
administrative and legal relations:
1) they are inextricably linked with administrative and legal norms,
arise and are implemented on their basis;
2) their main goal is to ensure the rights and freedoms of a person and
a citizen, the normal functioning of civil society and the state;
3) they regulate a wide range of social relations between public
administration and objects of public administration;
4) the leading feature of administrative and legal relations is their public
nature, they arise at the initiative of any party, while the consent of
the other party, as a rule, is not mandatory;
5) administrative and legal relations are mainly executive and
administrative: in a narrow sense, subjects of public administration
are endowed with authoritative competence, and objects are obliged
to fulll their legal requirements; along with this, under a broad
approach, parties to administrative and legal relations always have
subjective rights and legal obligations that are interconnected: each
subjective right of one party corresponds to a legal obligation of the
other, and vice versa;
6) they have a conscious-volitional character, because the state
expresses its will to the people of Ukraine through the issuance of
relevant administrative and legal norms, the participants of these
relations exercise their will, realize the meaning of their actions and
can bear responsibility for them;
7) administrative and legal relations are protected by the state, which
promotes the implementation of subjective public rights and legal
obligations, and in the case of an oense brings the guilty person to
administrative or other legal responsibility;
8) do not belong to administrative and legal relations between public
administration and objects of public management, if they are not
based on law (Halunko, 2015: 39-40).
Based on the foundations of the theory of administrative law, any legal
relationship consists of three elements: its object, the content of these
relationships, and its subjects. Within the scope of our research, we are
656
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Taisia Shevchenko
The essence of administrative legal relations in the sphere of social security for persons with disabilities
interested in revealing the object of administrative and legal relations and
revealing its content.
The basis of revealing the essence of the object of administrative and
legal relations is the views of leading scientists and their commitment to the
concept of dening the essence of the object of legal relations.
Representatives of the classical monistic concept, pointing to the
unity of the object of legal relations, understand by the object what legal
relations are aimed at: the behavior of subjects. In contrast to them, other
scientists recognize as the object of legal relations what the subjective rights
and obligations of the participants are aimed at (Chernadchuk, 2004;
Tkachenko, 2020).
We are closer to a pluralistic concept regarding the object of legal
relations, therefore, in our opinion, the object of legal relations in the eld
of social protection of persons with disabilities includes social rights and
protection of a person who has persistent disorders of body functions, which
in interaction with the external environment can lead to to the restriction of
her life activity (Law of Ukraine, 1991).
Based on the above, we will dene the essence of administrative legal
relations in the eld of social protection of persons with disabilities, which
should be understood as relations created by the norms of administrative
law, the main purpose of which is to create social and legal and other rights
and opportunities, to ensure social protection of persons with disabilities at
the level with other citizens to participate in public life.
Based on the analysis of the works of leading scientists, we will highlight
the signs of administrative and legal relations in the eld of social protection
of persons with disabilities.
The rst sign is the subject composition of relations that arise between
state management bodies at the level of central and local executive bodies, as
specied in Art. 8 of the Law of Ukraine “On the Basics of Social Protection
of Persons with Disabilities in Ukraine” dated March 21, 1991 No. 875-XII,
and persons with disabilities.
The Ministry of Social Policy of Ukraine is the central body in the eld
of social policy provision, one of whose tasks is to ensure the formation
and implementation of state policy in the eld of social protection of the
population, in particular persons with disabilities (Resolution of the Cabinet
of Ministers of Ukraine, 2015).
The next feature is the range of rights and responsibilities of these
subjects in the eld of social protection. Based on the foundations of
international and current legislation in this area, the legal spectrum of the
rights and obligations of persons with disabilities is characterized by all the
constitutional rights of a citizen of Ukraine. On the other hand, persons
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CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 649-661
with disabilities have additional benets as a person who has certain
persistent disorders of body functions (health defects), respectively - has a
special legal status.
Social protection of persons with disabilities is a component of the
state’s activities to ensure the rights and opportunities of persons with
disabilities on an equal basis with other citizens and consists in the
provision of pensions, state assistance, compensatory and other payments,
benets, social services, the implementation of rehabilitation measures,
the establishment of guardianship or provision of third-party care (Law of
Ukraine, 1991).
The specics of the special legal status of a person with a disability are
formed by international acts, starting with the UN Convention on the Rights
of Persons with Disabilities, precedent practice of the European Court of
Human Rights, and including national legislation that creates this status,
primarily the Law of Ukraine “On the Basics of Social Protection of Persons
with disabilities in Ukraine” dated March 21, 1991 No. 875-XII, “On the
rehabilitation of persons with disabilities in Ukraine” dated October 6,
2005 No. 2961-IV, etc.
As we have already noted above, large-scale ghting is currently ongoing
throughout the territory of Ukraine with the Russian Federation, as a result
of its illegal invasion of the territory of our country. As a result of hostilities,
a large percentage of the country’s citizens are injured and killed, including
not only military personnel and employees of internal aairs bodies, but
also civilians and children.
As of January 15, 2023, the UN conrmed the number of dead among
the civilian population in Ukraine since the military invasion of Russia is
7,031 people: 2,784 men, 1,875 women, 177 girls and 221 boys, as well as 35
children and 1,939 adults, whose gender is still unknown. Another 11,327
people were injured: 2,472 men, 1,764 women, 240 girls and 325 boys,
as well as 262 children and 6,264 adults, whose gender is still unknown.
Experts estimated that only from January 1 to 15, 104 civilians were killed
and 284 were wounded. The UN notes that the majority of recorded civilian
casualties are caused by the use of large-area explosive weapons, including
heavy artillery and rocket launchers, as well as rocket and airstrikes
(Sobenko, 2023).
As a result, the number of people with persistent health disorders
and body functions is increasing, which leads to the limitation of their
vital activities. Today, the indicated category of persons needs additional
guarantees of social protection from the state, since these persons have
received another type of trauma, such as psychological, and need special
professional help. Current legislation does not provide for a specic type
of social protection for persons who have suered as a result of hostilities,
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Taisia Shevchenko
The essence of administrative legal relations in the sphere of social security for persons with disabilities
armed aggression or armed conict. To date, there is no similar special
legislative act that would provide for social protection of persons injured as
a result of hostilities, armed aggression or armed conict.
As for central and local bodies of executive power, the latter in accordance
with Art. 9 of the Law of Ukraine “On the Basics of Social Protection of
Persons with Disabilities in Ukraine” dated 21.03.1991 No. 875-XII with
the participation of public associations of persons with disabilities, within
the limits of their powers, carry out the development and coordination of
long-term and short-term programs for the implementation of state policy
regarding persons with disabilities and monitor their implementation,
promote the development of international cooperation on issues related to
persons with disabilities (Law of Ukraine, 1991).
The next feature of administrative and legal relations in the eld of
social protection of persons with disabilities is their legal nature, which is
determined by the legal principles that form the basis of the formation of
the state policy for the implementation of social protection of persons with
disabilities and inuence the formation of the relations of these subjects.
The fourth is their personication, which is expressed in the fact that
state bodies, carrying out their activities in the eld of social protection of
the disabled and ensuring compliance with their rights and freedoms, enter
into legal relations with the latter, which are expressed in the creation of
legal, economic, political, social and household and socio-psychological
conditions to meet their needs for health restoration, material support,
vigorous work and social activities.
Social protection of the disabled by the state consists in the provision
of nancial assistance, means of transportation, prosthetics, orientation
and perception of information, adapted housing, in the establishment
of guardianship or third-party care, as well as in the adaptation of the
development of settlements, public transport, means of communication
and communication to the peculiarities of disabled (Law of Ukraine, 1991).
This feature should also include the function of coordination and control
over the provision of social benets, keeping records of persons who use
these benets. This function is entrusted to the central body of executive
power, which implements state policy in the eld of social protection of
persons with disabilities. To automate the data bank, the Unied State
Automated Register of Persons Entitled to Benets was created in order
to provide a unied state record of individuals entitled to benets on social
grounds (Resolution of the Cabinet of Ministers of Ukraine, 2003).
The fth sign of administrative and legal relations in the researched area
should include the onset of legal liability in case of violation of the legislation
regulating these relations. According to Art. 42 of the Law of Ukraine “On
the Basics of Social Protection of Persons with Disabilities in Ukraine” dated
March 21, 1991 No. 875-XII, persons guilty of violating the requirements of
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this Law shall bear the material, disciplinary, administrative or criminal
liability established by law (Law of Ukraine, 1991).
Also, Art. 161 of the Criminal Code of Ukraine for violation of the
equality of citizens depending on their racial, national, regional aliation,
religious beliefs, disability and on other grounds - shall be punished by a
ne of two hundred to ve hundred tax-free minimum incomes of citizens
or restriction of freedom for a period of up to ve years, or deprivation of
liberty for a term of up to three years, with or without deprivation of the
right to hold certain positions or engage in certain activities for a term of up
to three years (Criminal codex of Ukraine, 2001).
Conclusions
As a result of the study of the essence of the administrative and legal
relations of social protection of persons with disabilities, which are one of
the components of the construction of state policy aimed at providing these
persons with ways of social adaptation as full-edged citizens of society,
and providing the opportunity to exercise their rights and responsibilities
in full on a par with other citizens, it is advisable to make the following
conclusions.
1. The essence of administrative and legal relations in the eld of social
protection of persons with disabilities lies in the legal nature of these
relations, the basis of which are the norms of administrative law,
the main purpose of which is the creation of social-legal and other
rights and opportunities, ensuring social protection of persons with
disabilities at the level with other citizens to participate in public life.
2. Features that reveal the legal nature of administrative and legal
relations of social protection of persons with disabilities are
highlighted, among which are highlighted:
- the subject composition of legal relations, endowed with a
range of rights and obligations for the implementation, on the
one hand, of social protection of persons with disabilities, and
on the other hand, the acquisition by these persons of a special
legal status;
- the legal nature of the relationship, determined by the legal
principles that form the basis of the formation of the state
policy for the implementation of social protection of persons
with disabilities and inuence the formation of the relations of
these subjects;
- personication of relations in the eld of social protection
of the disabled and ensuring compliance with their rights
660
Kostyantun Fomichov, Nataliia Maksymenko, Oleksandr Yunin, Khrystyna Rezvorovych y
Taisia Shevchenko
The essence of administrative legal relations in the sphere of social security for persons with disabilities
and freedoms, which includes the coordination function of
providing social benets, keeping records of persons who use
these benets;
- legal responsibility in case of violation of the legislation
regulating these relations.
3. Today, in connection with the mass armed attacks of Russia on the
territory of Ukraine with the use of explosive weapons with a large
area of damage, the number of injured persons with various degrees
of severity has increased, which leads to permanent disorders of the
body - disability. In this regard, there is an urgent need to adopt
a special legislative act that would provide for social protection of
persons injured as a result of hostilities, armed aggression or armed
conict.
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Esta revista fue editada en formato digital y publicada
en julio de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 78