LEGAL NATURE OF VOLUNTEER ACTIVITY AS A FORM OF CHARITY IN THE SYSTEM OF SOCIAL SUPPORT OF THE POPULATION

Abstract

Purpose: to disclose a legal nature of volunteer activity as a form of charity in the system of social support of the population. Research methods: formal-logical, dogmatic, comparative, system-structural methods are used. Results: it was concluded that disclosing the legal nature of volunteer activity, which has a complex nature, should be made from the position of a multidisciplinary approach, which uses the knowledge, conceptual apparatus and methodology of various scientific disciplines in parallel. The peculiarities of volunteer activity as a form of charity were analysed and it was found that volunteer relations in the system of social support of the population have the mixed – social ensuring and civil law (contractual) – nature. Discussion: the peculiarities of volunteer work in comparison with the work of the employee under the employment agreement are determined.

In the conditions of a significant limitation of financial resources and an increase in the number of people who need support from the state, volunteer activity in the context of social support of the population is gaining constant relevance, as it is devoted to complement the social services provided by the state.

It was concluded that the work of the volunteer is significantly different from the work of the employee under the employment agreement. First of all, it is free of charge. Since the work of the volunteers is voluntary and free of charge, the condition of unpaid work excludes the possibility of regulating relations between the volunteer and the organization or institution that involves the volunteers in its activity, as well as between the volunteer and the recipient of social services (volunteer assistance), labour legislation.

The social security nature of volunteer relations is due to the fact that they arise within the limits of social risk and are aimed at overcoming it. At the same time, these relations have a complex contractual nature: on the one hand, a contract on the implementation of volunteer activity is concluded between the volunteer and the organization or institution that involves the volunteers in its activity, and on the other hand, a contract on the provision of volunteer assistance is concluded between the volunteer and the recipient of volunteer assistance.