Legal status of the self-employed person in the field of social protection in Ukraine
| Published date | 01 September 2024 |
| DOI | http://doi.org/10.1177/13582291241264181 |
| Author | Oleg M Yaroshenko,Yuliia Yu Ivchuk,Lesya Ju Maliuha,Oleksii S Nesterovych,Olena Ye Lutsenko |
| Date | 01 September 2024 |
Article
International Journal of
Discrimination and the Law
2024, Vol. 24(3) 217–233
© The Author(s) 2024
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DOI: 10.1177/13582291241264181
journals.sagepub.com/home/jdi
Legal status of the
self-employed person in the
field of social protection in
Ukraine
Oleg M Yaroshenko
1
, Yuliia Yu Ivchuk
2
, Lesya Ju Maliuha
3
,
Oleksii S Nesterovych
4
and Olena Ye Lutsenko
1
Abstract
Due to the existence of many scientific studies and various statements regarding the legal
status of the self-employed person and their legal status in the field of social protection. It
is necessary to conduct a thorough analysis of important aspects of this issue. Especially in
times of war, when the unemployment rate is steadily increasing and self-employed
persons are increasing their value to the state. This is the reason for the relevance of the
study. The purpose of this research is: to determine the legal status of the self-employed
person in the field of social protection in Ukraine; to analyze the characteristics of legal
regulation applicable to the self-employed; to process data on the basic principles of social
security for the self-employed. Important steps are also to analyse the most significant
problems faced by self-employed persons in the field of social protection and to discuss
possible solutions.
Keywords
Self-employed person, legal status, social protection, social security, independent
professional activity
1
Department of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
2
Department of Law Science, Volodymyr Dahl East Ukrainian National University, Kyiv, Ukraine
3
Department of Labor and Social Security Law, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
4
Department of National Security and Legal Work Law, Yaroslav Mudryi National Law University, Kharkiv,
Ukraine
Corresponding author:
Lesya Ju Maliuha, Department of Labor and Social Security Law, Taras Shevchenko National University of Kyiv,
60 Volodymyrska Str., Kyiv 01033, Ukraine.
Email: maliuha8267-9@edu-knu.com
Introduction
Self-employment and all issues related to it are of great value to the state in terms of filling
the budget, social and pension funds. This is primarily due to the payment of relevant
taxes and fees established at the state level, as well as social contributions and other
necessary payments.
It is important to note that the entire modern labour market in Ukraine has undoubtedly
been greatly affected by the full-scale invasion. This has resulted in increased unem-
ployment, particularly among working-age citizens, posing an immediate threat to so-
cietal welfare and state functioning. The situation presents a significant challenge to
societal well-being and state operations, especially considering the ongoing war context.
That is why it is not surprising that the phenomenon of self-employment, the creation of
an efficient and solvent labour force, which by its very existence and nature prevents the
spread of unemployment and migration, is important for the state. Moreover, even the
International Labour Organisation points out in its documents and proclaims self-
employment as a phenomenon that is promising for society and the state and is a
kind of social factor that can significantly reduce tension in society.
In general, the concept of self-employment is considered in several aspects. First , in a
narrower sense, which characterises self-employment as the activity of a person who
works independently, alone, without involving other employees. Secondly, in a broad
sense, self-employment is understood as an individual labour activity carried out in a
small enterprise with up to five employees (Razumkov, 2022).
Today, certain difficulties in the social regulation of relations directly related to the
institution of “self-employment”can be observed. The most contradictions and conflicts
arise when defining who can be considered self-employed, as well as the relevant criteria
that can be used to distinguish self-employed persons from all other forms of activity that
exist in the modern labour market. The numerous interpretations and opinions about this
issue suggest that self-employed individuals and their activities constitute a distinct
category. Therefore, conducting a detailed study and drawing substantiated conclusions
on their functioning and legal status is crucial in today’s context. It should also be added
that the category of self-employed persons is a significant participant in labour, economic
and social relations, which literally increases their value for the state and society
(Mulgina, 2023a).
In the context of this study, it is important to note that in Ukraine, the Constitution of
Ukraine (Verkhovna Rada of Ukraine, 1996) is the basis for legal regulation of issues
related to self-employed persons. Article 42 of the Constitution of Ukraine stipulates that
everyone has the right to fully develop and improve their personality, the right to ensure an
adequate standard of living for themselves and their family, the right to work and receive
wages for their labour activity, and the right to freely choose the direction of activity, the
right to conduct entrepreneurial activity (that is not legally prohibited). The Constitution
of Ukraine also provides for the right to the results of creative and intellectual activities
that are not prohibited by law. Moreover,the stat e has the obligation to protect the rights of
all subjects of property and business law.
218 International Journal of Discrimination and the Law 24(3)
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