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MAIN DIRECTIONS OF OPTIMIZATION OF PROVIDING SOCIAL SERVICES SYSTEM TO FAMILIES IN UKRAINE

MAIN DIRECTIONS OF OPTIMIZATION OF PROVIDING SOCIAL SERVICES SYSTEM TO FAMILIES IN UKRAINE
Ирина Чеховская, заведующая кафедрой гражданского права и процесса, доктор юридических наук

Университет государственной фискальной службы Украины, Украина

Участник конференции

In the article there was made the analysis of the current system of providing social services to families in Ukraine. The basic directions of its optimization were proposed.

Keywords: family, state, family protection, social support, social services, benefits.

 

Setting the problem. In the situation of modern economy instability the topical problem is the reformation of the working system of Ukrainian families’ social protection.  Social benefits are the dominant forms of this system. Most of Ukrainian scientists, such as N. Bolotina, V. Bidak, N. Boretska, A. Briukhina, M. Galchun, T. Gerasimova, O. Davydovich, O. Yermolovska, L. Ilchuk, L. Kulachok, L. Kramarenrko, A. Krupnik, I. Lavrynenko, E. Lybanova, P. Levin, V. Makarenko, N. Tymchyshyna, P. Shevchuk and others think they do not influence significantly on thetotal income of Ukrainian households, however these amounts of money are ratherloss-makingfor the state budget. Moreover, the working system of this country is characterized as rather complicated and “non-transparent”by the scientists. According to different expert evaluationthe worth of all benefits provision that are declared by the state is about 19-20 billion of hrn. Today more than 4.7 million of families get the monthly statemoneyed assistance, and the budget expenditures for these purposes in 2015 were about 70 billion hrn [1].

On the whole the rights for the government paymentsand benefits have about 43% of population of Ukraine. An only the part of them is really funded [2].We should also mention that there is a “soviet” (social support, benefits andcompensatory payments) and European (social services, social work,a housing subsidy) approaches in the Ukrainian system of social protection.  Introduction of the last into the law enforcement practice has started since 2003 after passing the Law of Ukraine “On Social Services” [3].In particular there was introduced the new form of social protection of Ukrainian families – social services. However,in spite ofthe conditions for the system development, created by the lawmaker (the effectiveness of this system was proved by international experience) it hasn’t been realized in the law enforcement practice yet and hasn’t covered completely the most socially unprotected categories of families. Since 2015 Ukrainian government has reformed the system of social protection and it is intended to be optimized by cutting the budget payments and introducing the system of categorical assistance[4].

 

Relevance of the research topic. We should also mention that there are a lot of Ukrainian scientists’ works devoted to managerial and financial aspects of the system of social protectionof populationresearch.  We would like to highlight the studies of G. O. Briukhina, N. A. Vetrova, I. Z. Geideko, V. I. Zhukova, V. K. Levashova, B. A. Krimer, K. R. Romaniuk, A. I. Soloviova, T. V. Tarasova, V. B. Tropina, A. V. Tolstoukhov, V. P. Shantsev, O. A. Chunajev, V. G. Yarmolchuk and others. However, there was not given a due consideration to the problem of improving the normative legaladjustmentof introduction the social services to Ukrainian families in the works of the scientists.

 

Condition of the research. There is particularly a considerably value and terminologicaldisagreement in current social legislation; no concept of social services tariffs standardization; the minimum specifications of the amounts (standards) of social services are not determined; there is a lack of standards of tariffs for social services; the technologies of social service orders are not used in practice.

 

Aims and tasks of the article. In connection with the above mentioned problems we think it is important to analyse the system of providing the social services to the families in Ukraine to discover the problems of its organizationaland legal adjustmentand to develop the main directions of its optimization on this foundation.

 

Presentation of the basic material. Current Ukrainian system of providing the social services to the families is characterized by theinadequate   terminology, the vagueof functions, aims and directions of work of theappropriate bodies and agencies, and the social problems are regulated by more than 170 Laws of Ukraine, 400 Orders of the Cabinet of Ministry of Ukraine, by 1100 departmentaland interdepartmental orders [5, с. 27]. However, any of them don’t have a clear minimal list of those social services that are guaranteed by the state, current in any economic situation and that are not depend on the families’ location. In particular the Law of Ukraine “On Social Services” [3] defines social service as the system of social activities that provides forassistance support and services fromsocial agencies (not only from the socialestablishments)to separate people or groups of people in order to overcome their life problems, to support their social status and full life. Social servicesactivities are carried out by providing different services at stationaryboarding schools; rehabilitativeestablishments; at the day, temporary and permanent stay establishments;at theterritorial canters of social service; at other social support agencies. Article 8 of the Law of Ukraine “On State Social Standardsand Social Guarantees” [6] determines that state standards in social service sphere are set to define the amount of the state guarantees for social support of disabled people, aged people, orphanchildren and other individuals needing the social support. It defines: a) the list of services provided by the social services establishments and funded by the state and local budgets as well as the social funds; b) norms of social service of pensionerы, disabled people, orphanchildren; c) food standardsandnon-foods supplyin state and municipal social establishments. The State social standards classifier offers only the common description of the criteria and standards, which should be used to assess free services. In The State classifier annex there is a list of central and local bodies of executive power, which are responsible for development and implementationof state social norms, for monitoring in the field of their application and financial supply. However, the State social standards classifier is ratified not by the interagencyorder of the appropriate organization, but by the intradepartmental order of the Ministry of Social Policy of Ukraine [7], so it is not understand what legal effect the Classifier has on the structural subdivisions of body of powerbeyond the limits of the vertical lineof the Ministry of Social Policy of Ukraine. Besides that the list of responsible authorities, particularlyin the sphere of social service of people, has not been revised since 2002 in spite of some reorganizations and amendments to the law which have been made during 2002 – 2012.  All these amendments were not introduced to the State social standards classifierand it complicates its application as the normative document. The only document where there was an attempt to define clearlyquantitativeand qualitative criteria of social service – was the Branch standard for providing social service to the families with children, who have found themselves in difficult life circumstances [8]. However, it limits the definition of social support, which is unjustified, in the Law of Ukraine “On social work with families, children and youth” [9].Moreover, this document speaks about activity of the centers of social service for families, children and youth (and their clients at the age before 35 years old), which status and jurisdictionare indefinitetoday because of liquidationthe State service for families, children and youth.

The amendments are demanded by thecurrent legislation, which keeps inadequatedefinitions of the basic for the social sphere notions, such as “norm”, “level of quality”, “standard”. This situation complicates the process of defining not only the list of minimum amount of services, funded by the state, but the development of clear criteria of social work quality evaluation as well.

The state social standard in Ukraine is formed on the basis ofthe minimum possible, but not necessary consumption. Insteadofthisthereshouldbeestablished regulationswhich guarantee social protection services for the citizens [10]. On the basis of existing legislation, social standardscan be in money means or in kind. Minimum wages, incomes, social assistance and other are determined on the basis of social standards. Today the standardsare identified with the social regulations, but it is not correct.

Types of social services, a list of them, the content and scope in each case is determined by the social service worker. That is, the current Ukrainian legislation does not regulate the minimum list of social services, which would provide the basic needs of families that are in difficult circumstances and would be guaranteed by the state, regardless of the economic status of the families and the territory of their residence. The absence of such a list makes it practically impossible to provide the services of those who need them.

A significant drawbackof the current system of providing social services to families in Ukraine is the lack of standards for regulation of tariffs for the payment of such services. As a result: clients of social service sector (local governments) do not either about the cost of specific services, nor about the effectiveness of money spent on their payment; there are no approved service quality standards; such services licensing system; there are no mechanisms to increase the financial autonomy of local authorities; the formula used to calculate the price for social services provided by non-state actors, is different from the one used to calculate the cost of services of public fixed or municipal institutions.

The technology of the social service order is not almost applied. There are a number of significant obstacles of using the social services order technology in Ukraine. In particular: the lack of customer experience of formation of technical specifications for the provision of social services in the absence of standards and protocols to provide such services; the absence of mechanisms for ensuring the real target address groups; the wrong choice of services; low managerial and contractual culture of service providers; direct or hidden opposition from existing service providers, interested in preserving the non-transparent financing mechanisms; insufficiently expressed subjectivity of the social service sector customers due to incomplete formation of the modern structure of local communities self-organization; inability to choose their own suppliers and influence the improvement of the quality of services for recipients of social services; lack of the social services users register [5, с. 33].

The above-mentionedconfirms our hypothesis about the feasibility of optimization ofthe current system of providing social services to families in Ukraine. We believe that this optimization must be accompanied by measures of the state policy aimed at the development of the market of social services, in particular, the introduction of state order system for social services and social contracting, both public and private providers of such services.It should also provide a gradual transition from the supportof institutions of social protection and services to finance the costs of the direct provision of social services to families. For this purpose it is necessary to determine: a socially and economically groundedlist (minimum standard), of social services, which will be guaranteed by the state, free of charge to families who need them; conditions (a differentiated list of difficult life circumstances) to provide free social services; methodology for calculating the cost of a particular service per customer, depending on the person to whom the service is provided, the form in which it is provided and taking into account regional peculiarities; a mechanism for providing paid social services to families who need them; mechanism of social order and the provision of social services by non-state entities; the form and nature of sanctions for violation of the requirements regarding the content and quality of the services provided.

To improve the targeting of social services providing to the needy categories of the families we should turn to the definition of the volume of social services financing on the basis of the actual number of users in need of assistance. It should be introduced a system of evaluation of the needs of local communities through the creation of a database of the neediest families to bring the funds laid down in the calculation of interbudgetary transfers ofequalization to match the needs of local budgets.

In order to increase the rights of local communities to autonomous selection of providers of social services realizethe transition from the centralized distribution of local budgets to the implementation of its own authority in the form of clearly defined standards at the local level to establish minimum standards of service providing, the implementation of which must be ensured by the own funds of local budgets or using of intergovernmental transfers.

It should bemake changes to the tax legislation in order to align the taxation of providers of social services of different organizational and legal forms for an equal price competition between municipal and state social service agencies and nonprofitpublicorganizations, in particular freeing the social service providers from taxation.

To improve social services financing systemitis necessary to develop and introduce a mechanism of social order, thus promoting de-monopolization of the social services market. In particular: to differentiate the costs of the implementation of delegated by the state and own powers of local governments; to specify the authority of the local budgets of the implementation of activities in the branches of the public sector and to introduce clear criteria for determining the financing objects (types of social services and their provision subjects) in accordance with local needs; to improve the mechanism of redistribution of costs between the state and local budgets, between the costs taken into account when determining the scope of interbudgetarytransfers; to review the formula for distribution of interbudgetarytransfers in order to improve the financial ability of the regions to directly increase the financial opportunities of the regions and the financing of local budgets of social programs; to improve the methodology for calculating revenues and expenditures of local budgets, which are taken into account in determining the scope of interbudgetarytransfers and equalization coefficient for the calculation of the amount of funds transferred from local budgets to the state one; to supply the Law of Ukraine "On social services" with the part "Social order of social services" and to harmonize to the amendments the by-laws that regulate the activities of local budgetary institutions to provide social services; to strengthen the financial basis of local self- government, including by reforming the local taxes and fees; to strengthen the financial capacity of local budgets and reduce the role of targeted subsidies from the state budget for social programs; to establish a mechanism of attraction (on a competitive basis through the signing of the contract) to the provision of social services a wide range of interested institutions, including private ones; to develop and implement a clear methodology for the formation of an order for social services on the basis of the contract, which should include objectives for social services to suppliers of the customer, the specific parameters of the services on the basis of state social standards, service recipients and the mechanism of targeted nature of the services agreed upon maximum cost of service, the expected results, the responsibility of the service provider; to develop and implement a methodology for monitoring the implementation of the order for social services; to strengthen requirements for the targeting of social services.

It is also necessary to expand the list of social services and the possibility of providing them to the families. To do this, is necessary to determine the cost of social services, to develop a mechanism for providing paid social services to certain categories of families who do not have the right to receive free social services [11], to develop a network of regional centers of social service provision at the local level.

The essentialis to develop for all departments a unified assessment scheme of social services that families need.

It should beset up under the Cabinet of Ministers of Ukraine a single inter-ministerial body to coordinate the establishment and improvement of social standards and determine the conditions for licensing the provision of social services.

The above mentioneddirections, provided they are integrated application, promote the optimization of the system of social services to families in Ukraine

 

References:

  • 1. Materialy do Parlamentskykh sluhan “Simeina polityka v Ukraini – tsili ta zavdannia”: Lyst do Ministerstva sotsialnoi polityky Ukrainy vid 19.05.2015 №2563/01/10-15/59.[Materials for the Parliamentary hearings “Family policy in Ukraine – aims and tasks” – Letter of the Ministry of social policy of 19.05.2015 №2563/01/10-15/59.]
  • 2. Briukhina G. O. Derzhavna polityka z nadannia pilg sotsialno urazlyvym verstvam naselennia [State policy of providing benefits to the socially vulnerablestrata of the population] URL: http://www.nbuv.gov.ua/e-journals/DUTP/2005-1/txts/BRYUXINA.htm
  • 3. Pro sotsialni poslugy: Zakon Ukrainy vid 19.06.2003 № 966-IV. [OnSocialservices: The Law of Ukraine of 19.06.2003 № 966-IV] URL: http://zakon2.rada.gov.ua/laws/show/966-15.
  • 4. Pro strategiiu stalogo pozvytku “Ukraina – 2020”: Ukaz Prezydenta Ukrainy vid 12.01.2015 № 5/2015. [On the strategy of thesteadydevelopment “Ukraine – 2020”: The order of the President of Ukraine of 12.01.2015 № 5/2015.]  http://zakon3.rada.gov.ua/laws/show/5/2015.
  • 5. Osnovni napriamky optymizatsii systemy sotsialnogo zakhystu v Ukraini. Analitychna dopovid. [Main directions for social protection system optimization] K.: Natsyonalny instytut strategychnykh doslidzhen, 2012 – 54 c.
  • 6. Pro derzhavni sotsialni standarty ta derzhavni sotsialni garantii: Zakon Ukrainy vid 05.10.2000 № 2017-III. [On State Social Standards and State Social Guarantees: the Law of Ukraine of 05.10.2000 № 2017-III]. URL: http://zakon2.rada.gov.ua/laws/show/2017-14.
  • 7. Pro zatverdzhennia Derzhavnogo klasifikatora sotsialnykh standartiv i normatyviv: Nakaz Ministerstva pratsi i sotsialnoi polityky Ukrainy vid 17 chervnia 2002 р. N 293.[Onthe adoption of the State social standards classifier: The order of  the Ministry of labor and social policy of June, 17, 2002N 293].URL:  http://legalexpert.in.ua/standarty-i-normativi/ministerstva-i-vedomstva/klassifikatory/raznoe/7740-dk-293-02-erzhavnij-klasifkator-socalnix-standartv--normativv-dkssn.html
  • 7. Pro zatverdzhennia Galuzevogo standartu nadannia sotsialnykh poslug simiam z ditmy, yaki perebuvayut u skladnykh zhyttevykh obstavynakh: Nakaz Ministerstva Ukrainy u spravakh  simii, molois ta sportu vid29.12.2009 № 4569. [Onthe adoption of the Branch standard for providing social service to the families with children, who have found themselves in difficult life circumstances: The order of the Ministry of families, youth and sport of 29.12.2009 № 4569.]  URL:  http://www.mvk.if.ua/uploads/files/ms10111101.pdf.
  • 9. Pro sotcialnu robotu z simiamy, ditmy ta moloddiu: ZakonUkrainyvid 21.06.2001 № 2558-III.  [About social work with families, children and youth of 21.06.2001 № 2558-III]. URL:http://zakon2.rada.gov.ua/laws/show/2558-14
  • 10. Standarty sotsyalnykh poslug. Zbirka proektiv dokumentiv. Knyga 2 / Red. L.L. Sidelnik. [Standards of social services. Book 2 / editor L.L. Sidelnik] – K.: TOV “LDL” – UFSI.; Bagmet M.O., Mikhel D.O. Derzhavni sotsialni standarty v Ukraini – yak garantiya formuvannia yevropeiskogo rivnia i yakosti zhyttia [State social standards in Ukraine – as the guarantee of formation of the  European level and quantity of life] [Electronic document] // Gileya: zbirnyk naukovykh prats [Gileya: journal of scientific articles] – K.: 2011. – rezhym dostupu [access mode]:www.nbuv.gov.ua/portal/.http://niss.gov.ua/P5_doc.pdf
  • 11. Kryvobok Yu.V. Osnovni pidkhody do vyznachennia vartosti bezoplatnykh socialnykh poslug osobam yaki perebuvaiut u skladnykh zhyttevykh obstavynakh [Main approaches to  definition of the cost of free social services for individuals who have found themselves in difficult life circumstances] [Electronic document]. – K.: Tsentr perspektyvnykh socialnykh doslidzhen Ministerstva patsi ta sotsialnoi polityky Ukrainy, 2010 [Centre of perspective social studies of the Ministry of labor and social policy of Ukraine, 2010] –Rezhym dostupu [access mode];http://www.cpsr.org.ua/index.php?option=com_content&view=article&id=109:2010-06-24-05-35-19&catid=26:2010-06-13-21-43-34&Itemid=31.

 

Summary

In Ukraine the current system of providing social services is not efficient and is characterized by the lack of coordination in current social legislation, inadequate terminology, vagueness of functions, goals and directions of the relevant authorities and services. Analysis of the current system of providing social services to families in Ukraine helped to identify the  key problems of its organizational and legal support and to offer main directions of its optimization.

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