Щодо законодавчого визначення отримувачів соціальних послуг

The article discusses some controversial issues regarding the legislative definition of social service recipients. It is noted that the sphere of social services as a component of social protection is formed and functions around socially eligible entities and is oriented toward meeting their needs. The conclusions and arguments of scholars, as well as the provisions of legislation defining social groups/vulnerable groups of the population as recipients of social services, are critically analyzed. The concept of “social group” is examined. The essence of “vulnerability” as a characteristic of a subject of the right to social services is clarified. It was noted that the Law of Ukraine “On Social Services” does not establish a list of entities that are part of vulnerable groups of the population and are eligible for social services. It was emphasized that the majority of such groups are families with children in the context of fulfilling parental responsibilities and protecting the interests of the child. In clarifying the essence of the concept of “difficult life circumstances,” it is reasonable to conclude that the existence of such circumstances in the life of an individual/family does not in itself confirm the need for social services. This is established during the assessment procedure as a legal fact based on the results of the interaction between the social manager/social worker and the individual/family. In fact, the legislator has defined a list of circumstances that may cause vulnerability or lead to difficult life circumstances. The presence of one of these circumstances in the life of a person/family is a criterion for classifying them (the person/ family) as belonging to the relevant vulnerable social group. The fact that a person/family belongs to one of the social groups does not mean that all members of that group are provided with the same or identical social services. In each case of receiving information about a person/family in a situation that may cause vulnerability or difficult living conditions, the community social manager identifies and assesses the case to determine the most effective/necessary response. In each individual situation, not only the circumstances themselves are assessed, but also other living conditions/circumstances of the person/family. Arguments are presented that the legislative division of social service recipients into vulnerable groups of the population and individuals/families in difficult life circumstances is conditional and has no practical application. It is proposed to provide for a single list of circumstances (factors) whose presence determines an individual/family as a subject in need of social services.