Welfare state: essential, security-legal and criminology significance

The article is devoted to the theoretical analysis of the essence of the concept of the state and social state, taking into account their characteristics by philosophers and scientists from ancient times to the present, and based on the need to form a modern state as a highly developed, legal, democratic state that defines a person as the highest social value, ensures his rights and freedom, decent conditions of existence, security and well-being, by conducting an active social policy based on the principles of civil society, social justice, equality, solidarity and responsibility. The question of the justification of the state’s narrowing of its own functions and responsibility for the development of society today, regardless of its main purpose, and at the same time remaining a detached “arbiter” of the natural self-development of society, has been investigated. The interdependence and influence of the state on crime is considered not only in a positive, but also in a negative aspect, in particular, in an effort to improve the lives of citizens with the help of widespread use of criminal law measures, the result of which can be the generation of excessively large “artificial” crime, which, in turn, will contribute to the growth of “natural” crime. In the direction of the formation of a modern social state as a legal, democratic state that ensures fundamental human rights and freedoms, dignified conditions for its existence, security and well-being, the main methods and directions of the socio-political and economic organization of society are considered in terms of their productivity and contradictions, social security and determination of crime. An analysis of the interrelationship and interdependence of national security and social criteria, their common priority interests, which must be taken into account when forming the strategic priorities of the social state, among which are the guarantee of the constitutional rights and freedoms of man and citizen, the development of civil society, its democratic institutions, the strengthening of political and social stability in society, the creation of a competitive, socially oriented market economy and the provision of an ever-increasing standard of living and well-being of the population, as well as the development of spirituality, moral foundations, and the intellectual potential of the Ukrainian people, strengthening the physical health of the nation, creating conditions for expanded reproduction of the population. The position is substantiated that the main purpose of the state, its goal and its essence is the safe existence of society, where the safety of society, that is, social or public safety in this sense is synonymous with the concept of national security, based on the fact that a nation is a community of all citizens, and stateless persons who currently live on the territory of the state and fall under its jurisdiction. Conclusions were made regarding the need to create a mechanism to protect people from real and potential risks and their consequences, from existing and possible violations of individual rights and freedoms, from criminal encroachments on life, health, property, honor and dignity of a person, as well as ensuring social harmony in the state on the basis of social peace and social partnership where a developed civil society should play a key role. The argumentation of the need to exist among the main functions of the welfare state, such as a protective (compensatory) function - is the creation of a mechanism to protect people from real, potential risks and their consequences, from existing and possible violations of individual rights and freedoms, from criminal encroachments on life and health , property, honor and dignity of a person, as well as ensuring social harmony in the state on the basis of social peace and social partnership, where the analysis, forecasting of the state and development of the state itself should be the decisive components of the process of control over the social state in the state and its regions by civil society. objects of national security, both the main values of the Ukrainian people and the goals for their achievement.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-03-01
DOI
https://doi.org/10.24144/2788-6018.2025.01.102
Primary Topic
Economic Issues in Ukraine
Type
article
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article

Welfare state: essential, security-legal and criminology significance

O. V. Lemak
Analytical and Comparative Jurisprudence
Economic Issues in Ukraine
article

Welfare state: essential, security-legal and criminology significance

O. V. Lemak
article en

Abstract

The article is devoted to the theoretical analysis of the essence of the concept of the state and social state, taking into account their characteristics by philosophers and scientists from ancient times to the present, and based on the need to form a modern state as a highly developed, legal, democratic state that defines a person as the highest social value, ensures his rights and freedom, decent conditions of existence, security and well-being, by conducting an active social policy based on the principles of civil society, social justice, equality, solidarity and responsibility. The question of the justification of the state’s narrowing of its own functions and responsibility for the development of society today, regardless of its main purpose, and at the same time remaining a detached “arbiter” of the natural self-development of society, has been investigated. The interdependence and influence of the state on crime is considered not only in a positive, but also in a negative aspect, in particular, in an effort to improve the lives of citizens with the help of widespread use of criminal law measures, the result of which can be the generation of excessively large “artificial” crime, which, in turn, will contribute to the growth of “natural” crime. In the direction of the formation of a modern social state as a legal, democratic state that ensures fundamental human rights and freedoms, dignified conditions for its existence, security and well-being, the main methods and directions of the socio-political and economic organization of society are considered in terms of their productivity and contradictions, social security and determination of crime. An analysis of the interrelationship and interdependence of national security and social criteria, their common priority interests, which must be taken into account when forming the strategic priorities of the social state, among which are the guarantee of the constitutional rights and freedoms of man and citizen, the development of civil society, its democratic institutions, the strengthening of political and social stability in society, the creation of a competitive, socially oriented market economy and the provision of an ever-increasing standard of living and well-being of the population, as well as the development of spirituality, moral foundations, and the intellectual potential of the Ukrainian people, strengthening the physical health of the nation, creating conditions for expanded reproduction of the population. The position is substantiated that the main purpose of the state, its goal and its essence is the safe existence of society, where the safety of society, that is, social or public safety in this sense is synonymous with the concept of national security, based on the fact that a nation is a community of all citizens, and stateless persons who currently live on the territory of the state and fall under its jurisdiction. Conclusions were made regarding the need to create a mechanism to protect people from real and potential risks and their consequences, from existing and possible violations of individual rights and freedoms, from criminal encroachments on life, health, property, honor and dignity of a person, as well as ensuring social harmony in the state on the basis of social peace and social partnership where a developed civil society should play a key role. The argumentation of the need to exist among the main functions of the welfare state, such as a protective (compensatory) function - is the creation of a mechanism to protect people from real, potential risks and their consequences, from existing and possible violations of individual rights and freedoms, from criminal encroachments on life and health , property, honor and dignity of a person, as well as ensuring social harmony in the state on the basis of social peace and social partnership, where the analysis, forecasting of the state and development of the state itself should be the decisive components of the process of control over the social state in the state and its regions by civil society. objects of national security, both the main values of the Ukrainian people and the goals for their achievement.

Analytical and Comparative Jurisprudence(1)
Openalex Percentile: Top 95%
Economic Issues in Ukraine
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