Advocates determine whether there is a need to codify social legislation

Social policy in Ukraine has long been developed in a fragmented manner, without a single conceptual framework. In the context of martial law, mass internal displacement, economic losses, and the transformation of labor relations, this fragmentation and lack of system have become a critical problem.

On July 16, 2025, the Ukrainian National Bar Association held a round table on «The Social Code of Ukraine: a forced reality or a practical necessity?». The event was organized by the UNBA Committee on labor law.

Participants in the expert discussion drew particular attention to the fact that the current legislation does not provide either an adequate level of social protection or equal access to it throughout the country. The lack of clear legal definitions, the duplication of norms in different acts, the multiplicity of subordinate regulations, and the uneven implementation of decisions all increase the social vulnerability of citizens. That is why the need to codify social legislation and introduce a single social code has once again appeared on the agenda.

The discussion was moderated by Viktoria Polishchuk, the Committee chairman, head of the Center for labor law and social security of the UNBA.

Iryna Ostapa, head of the Council of Europe project «Strengthening the social dimension in Ukraine», focused on the international aspect and noted that without systematisation of social legislation, Ukraine cannot achieve a genuine strengthening of the social dimension.

The urgent need to systematise social legislation was emphasised by advocate Yaroslav Melnyk. «Today’s fragmentation and conflict between legislative norms creates chaos in law enforcement and makes effective protection of social rights impossible», - he said. Valeria Dolgoyer, a member of the UNBA Committee on Labor Law, noted that codification is not simply the consolidation of existing norms into a single document. It is a tool for ensuring legal certainty, especially in the field of social security.

The discussion also focused on the right to housing, which, according to Natalia Cherevko, a member of the UNBA Committee on labor law, should be clearly enshrined in the Social Code as a mandatory social guarantee for vulnerable groups of the population.

The participants in the discussion also addressed the issue of discrimination. «The Social Code must have a section devoted to combating discrimination — without this, we cannot talk about equal access to social services», - emphasized Anastasia Yakimova, member of the UNBA Committee on labor law. She referred to the practice of the European Court of human rights and the activities of the Verkhovna Rada Commissioner for human rights.

Alla Fedorova, national advisor to the Council of Europe and member of the European Committee of social rights, stressed that the codification of social legislation is part of Ukraine's international obligations. We are not simply reforming domestic law — we are implementing social standards that we have already committed to, in particular through the European Social Charter and the International Covenant on Economic, Social and Cultural Rights.

Natalia Kaida, member of the UNBA Committee on labor law, emphasized the need to harmonize legislation with EU standards and noted that the Social Code is not only a legal act but also a political decision on European quality of life in Ukraine.

The round table ended with a call for further professional dialogue and the formation of a bar position as a basis for legislative initiatives on the development and implementation of the Social Code of Ukraine.