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The article examines the processes of formation and acquisition of legal nature by social rights based on the legislative experience of the countries of the European community. The evolution of the functions of the state in terms of acquiring the legal nature by social rights is analyzed.Problem setting. Ensuring and realization of the social human rights is a complex and multifaceted process. As of this date, the cooperation of state bodies, international and national organizations, scholars and practitioners is aimed at achieving a new quality level of legislative support and recognition of the category of social rights, developing new and effective mechanisms for their provision and implementation.Recent research and publications analysis. The social rights are of interest to the scholars and practitioners of various fields of knowledge and branches of science. This is because the social rights are a rather complex category and in their content, generally and properly, they refer to different fields of science, such as economic, political, legal, social, public administration.Highlighting previously unsettled parts of the general problem. In the context of public administration, the social rights are the subject of research as the object of forming a state policy for regulating relations related to the protection and realization of the social rights. In addition, the analytical part of the article was elaborated on the basis of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the European Social Charter (revised), the European Code of Social Security (revised) and other documents.Paper main body. At the end of the XIX century in Europe, several draft laws appeared that contained not only "classic" – personal and political rights, but also "the second-generation" rights – socio-economic and cultural rights. These constitutions set out the responsibilities of governments in the fields of employment, education, public health etc.Only in the late XIX century, the social rights gained the legal recognition in several drafts of the European constitutions. The classical human rights include "second generation" rights – socio-economic and cultural rights. For the first time, this legal extension broadened the obligations of the government in the fields of employment, education, public health etc. The first constitution in the world, which established a broad and sufficiently detailed list of socio-economic rights, was the Constitution of Mexico, adopted on January 17, 1917.In connection with the state social security obligations, by the end of the XIX century, there was a policy of non-intervention by the state in organization of social protection systems, the creation of social insurance, which was encouraged by the state mutual assistance of these two institutions. The significant changes took place in the middle of XX century; the emergence of a welfare state entailed the recognition of social rights and the assignment of social function to the state. Thus, the state had a duty to be concerned with the social justice, the well-being of its citizens and guaranteeing their social protection. The introduction of European experience and practices will help create conditions for high-level European social rights standards in Ukraine, such as a decent standard of living and quality of life, adequate social security standards and high standards of general social development, social well-being of the population.Conclusions of the research and prospects for further studies. Analyzing the above-stated, it should be said that the level of ensuring the realization of social rights depends on the level of development of the country. Therefore, different mechanisms are acting in different countries for the implementation of state programs to ensure the social rights. However, the cooperation of international organizations focused specifically on the social sphere sets the common standards for the level of social rights that other countries should strive for. ; Досліджено процеси формування та набуття соціальними правами правового спрямування на основі законодавчого досвіду країн європейської спільноти. Проаналізовано еволюцію функцій держави в умовах набуття соціальними правами юридичного спрямування. Зауважено, що важливим аспектом у роботі цього напряму є аналіз міжнародних стандартів, стандартів Ради Європи та Європейського Союзу щодо реалізації та забезпечення соціальних прав людини.

The article examines the processes of formation and acquisition of legal nature by social rights based on the legislative experience of the countries of the European community. The evolution of the functions of the state in terms of acquiring the legal nature by social rights is analyzed.Problem setting. Ensuring and realization of the social human rights is a complex and multifaceted process. As of this date, the cooperation of state bodies, international and national organizations, scholars and practitioners is aimed at achieving a new quality level of legislative support and recognition of the category of social rights, developing new and effective mechanisms for their provision and implementation.Recent research and publications analysis. The social rights are of interest to the scholars and practitioners of various fields of knowledge and branches of science. This is because the social rights are a rather complex category and in their content, generally and properly, they refer to different fields of science, such as economic, political, legal, social, public administration.Highlighting previously unsettled parts of the general problem. In the context of public administration, the social rights are the subject of research as the object of forming a state policy for regulating relations related to the protection and realization of the social rights. In addition, the analytical part of the article was elaborated on the basis of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the European Social Charter (revised), the European Code of Social Security (revised) and other documents.Paper main body. At the end of the XIX century in Europe, several draft laws appeared that contained not only "classic" – personal and political rights, but also "the second-generation" rights – socio-economic and cultural rights. These constitutions set out the responsibilities of governments in the fields of employment, education, public health etc.Only in the late XIX century, the social rights gained the legal recognition in several drafts of the European constitutions. The classical human rights include "second generation" rights – socio-economic and cultural rights. For the first time, this legal extension broadened the obligations of the government in the fields of employment, education, public health etc. The first constitution in the world, which established a broad and sufficiently detailed list of socio-economic rights, was the Constitution of Mexico, adopted on January 17, 1917.In connection with the state social security obligations, by the end of the XIX century, there was a policy of non-intervention by the state in organization of social protection systems, the creation of social insurance, which was encouraged by the state mutual assistance of these two institutions. The significant changes took place in the middle of XX century; the emergence of a welfare state entailed the recognition of social rights and the assignment of social function to the state. Thus, the state had a duty to be concerned with the social justice, the well-being of its citizens and guaranteeing their social protection. The introduction of European experience and practices will help create conditions for high-level European social rights standards in Ukraine, such as a decent standard of living and quality of life, adequate social security standards and high standards of general social development, social well-being of the population.Conclusions of the research and prospects for further studies. Analyzing the above-stated, it should be said that the level of ensuring the realization of social rights depends on the level of development of the country. Therefore, different mechanisms are acting in different countries for the implementation of state programs to ensure the social rights. However, the cooperation of international organizations focused specifically on the social sphere sets the common standards for the level of social rights that other countries should strive for. ; Досліджено процеси формування та набуття соціальними правами правового спрямування на основі законодавчого досвіду країн європейської спільноти. Проаналізовано еволюцію функцій держави в умовах набуття соціальними правами юридичного спрямування. Зауважено, що важливим аспектом у роботі цього напряму є аналіз міжнародних стандартів, стандартів Ради Європи та Європейського Союзу щодо реалізації та забезпечення соціальних прав людини.