Doctor of Juridical Science, assistant professor, D. Bezzubov
National Aviation University, Educational and Research Institute of Law
Administrative phenomena of social security (information vision)
The modern state of the legal system of Ukraine is defined by the theoretical and practical significance of the challenging and outstanding issues connected with the optimization of formation and functioning of the mechanism of legal support of social security in term of the modern Ukrainian statehood and constant transformation of regulatory environment.
The changes in the regulatory stripped model provide taking into account all aspects of the functioning of the executive government authorities. The one of the most relevant aspects of the practical activity of the executive authorities is the notion of “social security” and its meaning. But the specified category is not directly specified in the positive law and is not sufficiently researched in the national science by the predecessor. Thus it is fragmentarily represented in the current legislative acts of Ukraine connected with it in Ukraine.
One of the most outstanding problems of the countries of the European Union is the problem of social security against the different threats. The main threats are: migration threats (illegal migration), terroristic threats (threat of terroristic attacks at the public places), war threats (intrusion of “hybrid armies”) etc.
This makes the scientific researches in the field of social security of the society to be guaranteed by the administrative mechanisms important. One of these mechanisms is “the theory of social security”. The main element of this theory is the features of the social security category. This forms the scientific foundation to research the phenomenon of the social security.
We ask to consider the features the of the category “social security” in the theoretical area providing the possibility to form the applied basis for the research of the problems of the social security. The phenomenon of the social security is expressed in the specification of the security features in the activity of all subjects of law. Herewith independent of the object and the subject this category is not changed and is constant.
Information vision of social safety provides a definition of a place and role information in a global safety of society. One of the directions of social safety is an IT sphere. This sphere forms a subject, method, principles and system of information protection of society.
The permanency means the existence of the security together with the life category in time and space being typical for the society. The security actually surrounds the environment in the condition the things happen according to the current and applicable laws (natural, human), furthermore there are no differences of behavior or actions of the participants of the relations. In this case the security is the abstract category of the environment existing beyond the will of the participants of the relations. The other variant of the permanency is specified by the related components “time – action” and means that the security exists in the specific limited time period as it is actual only for the future. There is no security in the past, provided that it is connected with the list of the events being the precondition for the specific dangers and provide the search of the sources of the danger situations combating.
The structural properties mean the occurrence of the separate security elements whose absence make this category abstract. Such elements include: the environment – the objective reality, rules namely procedures or actions of the participants of the relations, subjects, namely the participants and their action directed on the specific result, the predicted purpose of the actions and the probability of danger namely the departure from the predicted goal of actions.
The systemacity is the security as the specific procedure of the actions of the subjects of the relations to obtain the specific result. The system on the philosophy means the complex integral background which elements have more intensive internal relations than between these elements and the environment. The security system as the applied notion can have two variations: 1) the assembly of elements: the environment – subject – situation – standard (security); 2) interaction of several elements (opposite to each other) namely the condition of the environment (safe) – security standard – difference from the standard – action of the subject – condition of the environment (safe).
Alternativeness is the way to specify the security limits of the activity and the parameters of the possible differences in the activity specified. Alternativeness actual creates several variants of the decision to ensure security and variability is the selection of the most safe variant to achieve purposes or the least harmful variants to cope with the threat connected with the selection category as the category of the philosophy of existentialism as it is deepened in the world, is not intended for the specific purpose, it is always in the situation of selecting the variant of its action to ensure security although can not to understand it while overcoming threats and dangers.
Distinctness covers the ultimate purpose of the security category in real time as the safety matters can come to the category of threat in future. This feature is fully connected with the purpose category being specified as the image of the future result of the activity formed by the human consciousness and which a human strives to implement by its actions. The main purpose of the security is to remove threats either by the individual or the society in general. Herewith its perception by the human and the society can differ in specific indexes but the formation of the security as the integral event of the social life will be specified by the parameters specified by the bigger part of the society.
The specificity of the achievement provides the existence of the specific procedure of the danger or direct threat. Such problem provides not only the existence but also the active activity of the specific subjects in order to achieve the positive result being the renewal of the situation of the threat absence.
The efficiency means that the end result of the decision made is the practical result of the actions of the subject being the renewal of the safety of the specific environment but taking into account the possible differences during the implementation of the task in hand, i.e. the result can be different from the task in hand both positive and negative. The negative result is the transfer from the security status to the threat status (direct danger) and the positive is the decrease of the time period to cope with danger.
The statics provides that security as the status exists constantly but there is a possibility of indirect threats being nowadays understood by the subject as secure but further are transferred into the dangerous ones; herewith the subject can either understand it at the conscious level or do not understand it at all. The security is a part of life; it is also a longstanding and permanent notion of the specific field of the human’s activity. It depends on the level of the individual perception and adoption to it by the subjects and the level of readiness to the situations of danger and threats.
The personal (individual) and collective (group) approach means that the social security as a rule is effective for the specific subject or a group of the subjects but even in case of the group approach each element of the group understand the notion of the security in its own way being determined by the individual psychological, social and other property of the subject. Actually each person understands the security in view of the specific situation or activity but even under the same objective circumstances each separate subject individually specifies the security level in the specific time limit or situation due to the individual perception of the environment.
The forecasting provides that the specific subject or a group of the subject (society) plan its own activity and beforehand specify the possible limits of the result obtained specifying the future security parameters using the obtained practical skills even if the actions have no historical analogy.
Each element consists of two main parts: the external circumstance specified as the absence of the threats and dangers and the peculiarity of the subjective perception of the security as the integral part of modern life at all levels and in all developments.
As can be seen from the above there are two categories of the phenomenon of the social security in the society:
1. The passive category of the social security namely the social security as the specific status of the environment where the danger is absent. Herewith the participation of the subjects is not necessary or obligatory, the system provides the absence of the danger, threat or risk.
2. The active category of the social security namely the social security shows itself as the interaction with the antagonistic notions of “security”, “threat” or “risk” and is characterized by the actions of the subjects of the society to achieve security and to manage the quality system to avoid danger, threats and risks.