PROBLEMS OF VALIDITY OF SOCIAL LAW SOURCES IN THE CONTEXT OF LEGAL MONITORING

Abstract

The article is devoted to clarifying the problems of the validity of sources of social law in the context of legal monitoring. The author sets the goal of solving some of the issues of legal monitoring as a legal tool in the context of an additional “monitoring direction” – the validity of sources of social law. In the course of the research, the author analyzes statistical data and scientific research related to legal monitoring, sources (forms) of social security law and social law, reveals the conceptual apparatus of “validity”. Based on the results of the research, the author of the article comes to the conclusion that the problems of the validity of the sources of social law in the context of legal monitoring lie in the plane of ascertaining the “validity” of the fact of legal monitoring in relation to these sources (forms) of law. Also, in the conclusions, the author of the article focuses on the fact that, as a measure of “adequacy”, validity is nothing more than a tool for analyzing the very “legal monitoring tools” (a) laid down in Law № 3354–IX of August 24, 2023 (that is, checking their internal state for adequacy and the possibility of effective legal monitoring); and also, validity is (b) a tool for ensuring the implementation of the legal monitoring itself in relation to the assessment of the adequacy of the sources (forms) of social law. Validation of sources of social law is nothing other than the process of their legal monitoring (in the process of which this is carried out), which allows to determine the peculiarities of the social law (as an object of validation), to ensure the forecasting of the implementation of the social law, the state of social legislation (sources (forms) of social rights) and behavior of participants in legal relations that arise in the field of social law. The author states that validity is the result in the context of “evaluation” of sources (forms) of social law from the point of view of the chorus of legal monitoring of such sources. This prompts us to a practical conclusion, which is that, whether this or that NPA is analyzed as a source (form) of social law, it should be characterized as valid or lacking such a characteristic. After all, the quality and efficiency, the demand and effectiveness of social law, as well as its powerful conformity to the subject of legal reality, appear under such a view.