PARADIGM SHIFT IN SURVIVAL STRATEGY (ON THE EXAMPLE OF SOCIAL AND LABOR RELATIONS). PART 1: WEAKENING OF THE REGULATORY PROPERTIES OF THE LAW

Abstract

This article is the first article in a series of articles in the cycle «Paradigm shift in survival strategy (on the example of social and labor relations)». This paper presents a view on the influence of the concept of individualism and collectivism in meeting the needs of the individual. The artificiality of the view on the impossibility of proper realization of fundamental human rights by citizens due to the lack of financial and material resources is emphasized separately. Attention is focused on the fact that Ukrainian society does not have the proper historical experience of organizing life activities in the conditions of market relations and that leads to the distortion of reality, in particular the legal reality. The shift of the survival strategy paradigm, in particular through the realization of social and labor rights, is revealed in the context of the value orientation of society, due to which the law partially loses its regulatory influence, increasingly ensuring the effect of the law by coercion. It was concluded that the paradigm shift of the survival strategy took place due to financial and economic problems, and sometimes political interests of certain groups. As a result of which the provision of physiological and safety needs today depends either on the individual) himself or on his family or close circle. It is argued that this approach is wrong. It is emphasized that the solution to the problem of the correlation of law, and thus the rights and freedoms of a person and a citizen with the financial and resource capabilities of the state, lies in the content and scope of fundamental (essential) human rights and freedoms. Announcing the next article in this series of articles, we note that: the essence and social purpose of labor and social law, and therefore social and labor rights (the content of rights) is (must be) unchanged, that expresses the commitment of society, the state, a social group etc. to civilizational, democratic, social and legal values, and the scope of rights is a quantitative measure of law that can be correlated with the material and resource base of the state, society or humanity as a whole.