The subject of social security law. Subject, method and system of social security law
The set of legal norms regulating relations for material support from off-budget social insurance funds or at the expense of the state budget of persons who have reached the established age, the disabled, the survivors, the unemployed, families with children, persons with incomes below the subsistence level. on the provision of free medical care in accordance with the basic programs of compulsory medical insurance, on free social services on the basis of the Federal and territorial lists and some other relations, as well as procedural and procedural relations closely related to them, forms an independent branch of law - social security law.
At present, there is an objective need to single out this set of legal norms. possessing a number of specific features, into an independent branch of law no longer raises any doubts among domestic specialists.
Until the 1960s, it was believed that the material security of citizens in old age and in the event of disability was regulated by the norms of labor, collective farm, and administrative law. In particular, domestic science attributed: - relations to provide for workers and employees and members of their families in old age, in the event of disability, loss of a breadwinner as the subject of labor law; - relations but to the provision of members of collective farms in similar cases before the adoption of the Law 1964 "On pensions and benefits to members of the collective farm" to the subject of collective farm law; - relations but to ensure in the same cases persons employed in the performance of public service - to the subject of administrative law. The main criterion for including these relations in the subject of a particular industry was the nature of the socially useful activities of citizens in the past or present: work on the basis of an employment contract, work as a member of a collective farm, service in the army, in state security or internal affairs bodies, etc.
The norms regulating relations in the field of medical care, as well as the maintenance and upbringing of children in children's institutions, have not been studied in detail in any branch of law. Separate problems were considered only in the context of administrative or family law.
For the first time, the idea that social security law is an independent branch of law was expressed by B.C. Andreev at a symposium on social security in Prague in 1966. Then he formulated the concepts of the subject and method of the branch of social security law, developed the principles of legal regulation of social security relations.
B.C. Andreev proposed to refer to the subject of social security law those relations that meet the following criteria: - one of the subjects of these relations is a citizen, and the other is the state represented by its governing bodies or trade unions endowed by the state with appropriate powers, or collective farm bodies; - the relations between the subjects are of an alimentary nature, and the state is obliged to provide the appropriate types of support: - through these relations, the provision is carried out at the expense of funds for the disabled, funds allocated for education and health care.
If a particular relation does not meet the specified criteria, then it should not be included in the subject matter of social security law. Relationships arising in connection with the collection of funds for social security belong to financial law, and relations in the management of social security - to administrative law.
It seems that these criteria retain their scientific value in the modern period. Taking into account the new socio-economic conditions, changes in financing mechanisms, the emergence of new social dangers and other factors, they, in a somewhat transformed form, can and should still serve as the main guidelines for characterizing the subject of social security law.
The subject of the right to social security may be an individual or a family as a whole. As an individual, the following can participate in social security relations: citizens of the Russian Federation, foreigners - subject to the availability of appropriate international
international agreements, stateless persons, refugees, internally displaced persons.
State bodies, acting as the second subject in these relations on behalf of the state, are very diverse. These include: bodies of the Ministry of Labor and Social Development, health authorities, bodies of the ministries of defense and internal affairs, municipal authorities and some other bodies.
After the withdrawal of social insurance funds from the sphere of control and management of trade unions (ie the formation of the Social Insurance Fund of the Russian Federation), they can no longer act on behalf of the state in social security relations. The trade unions retained only the function of public control over the correct calculation and timely payment of social insurance benefits, the implementation of recreational activities at enterprises, institutions and other economic entities, regardless of ownership.
Bodies of collective farms at the present time are also not participants in relations on state social security. But agricultural cooperatives, associations of farms can create voluntary on-farm, sectoral and regional forms of social security in addition to the state system.
Public relations in the distribution of funds from non-state social funds (including trade union, cooperative, charitable, etc.) are not included in the subject of social security law.
The second criterion that B.C. Andreev, in order to delimit social security relations from other groups of social relations, is their "alimentary" character. However, this view was not shared by all social welfare professionals. In particular, M.L. Zakharov, E.G. Tuchkova and others emphasized the connection between social security and labor, although they acknowledged that the old-age pension is not a payment for past labor, and part of the public consumption funds is generally distributed without taking into account the labor contribution. At the same time, based on the calculations of demographers and sociologists, they noted that each person during his working life produces much more than he consumes. If we consider the average age of the start of labor activity to be 19 years, and the retirement of 62 years, then by the age of 28 a person fully returns to society the money spent on him.
funds in infancy, childhood and future pensions, as well as spending on education, housing and other social benefits. Thus, workers "pay" in advance for future social costs.
However, according to modern economic and demographic calculations, the question of the economic results of the life of generations is not solved so unambiguously. Mathematical modeling shows that with fixed working age limits and a constant share of consumption, the older generation, with a rapid increase in labor productivity, comes with a negative balance by the end of life. The higher the growth in labor productivity, the more likely it is that the profitability of a generation will turn out to be negative at any rate of population growth*.
On the question of the non-equivalence of social security relations, the following additional considerations can also be made. First, social security, health care and other areas of the social sphere were financed as a result of the annual reallocation of funds from the FNA, and not from the gross domestic product created in the country over the past period, the real value of which changed every year.
Secondly, the right to social security arose in a particular person. When exercising the subjective right to a pension, allowance or service, an entitled citizen received it free of charge, without equivalent, but normalized taking into account past labor and other socially useful activities, and not in response to labor, as rightly pointed out by R.I. Ivanova.
In modern conditions, the concept of "alimentation" is undergoing a certain transformation. It will be discussed in detail in the next paragraph on the method of legal regulation.
With regard to the third feature, the reference to funds for the disabled has lost its meaning, since they no longer exist. In addition, they have always existed only as a line of the state budget and have never actually been allocated from it, i.e. did not function as independent financial systems. But the emphasis on special sources of funding remains relevant. The creation of a new system for collecting and reserving funds for targeted use for social security needs began with the formation in 1990 of the Pension
Maleva T. (ed.) Modern problems of the pension sphere. Comments of economists and demographers. M., 1997. Scientific reports. Issue. 16. S. 54.
of the Fund of the Russian Federation and its territorial branches. In 1993-94 The Social Insurance Fund of the Russian Federation, the State Employment Fund of the Russian Federation, the Compulsory Medical Insurance Fund of the Russian Federation, as well as their regional and local branches were established. The funds of the mentioned funds are formed from: - compulsory insurance contributions of employers, citizens engaged in entrepreneurial activities without forming a legal entity, other categories of employed citizens subject to compulsory social insurance; - appropriations from the budget of the Russian Federation; income from investing part of temporarily free funds; voluntary contributions of individuals and legal entities; - other income.
The Pension Fund of the Russian Federation is the only fund to which employees contribute.
Insurance premium rates are set by federal laws
annually.
As already noted, the complex of social security relations is not homogeneous. It can highlight material relations on the distribution of state off-budget funds for social purposes and the redistribution of a part of the state budget. These include: - relations for material security in old age, in the event of disability, in the event of loss of a breadwinner, in case of temporary disability, in case of unemployment; - relations for material support of motherhood and childhood, assistance to the family in the maintenance and upbringing of children; - relations for the provision of financial assistance to poor people; *
Relations on the provision of free medical care and treatment within the framework of basic federal and municipal programs of compulsory medical insurance; relations on free social services for the disabled, the elderly and other segments of the population within the established state lists, etc.
The subject of the branch of social security law also includes relations arising in connection with the implementation of these material relations. This -law enforcement relations. Co-
the maintenance of these relations is the establishment of legal facts, the adoption of decisions on social security issues. Procedural relations may: - precede material relations (for example, in establishing legal facts); - exist simultaneously with them (for example, on change of disability group); - to replace one and give rise to others (for example, when switching from one pension to another).
Unlike material relations, in procedural relations one side is an individual, and the other can be not only state bodies, but also state institutions. Most often, relations regarding the establishment of legal facts arise between individuals and the following state bodies or institutions: - Bureau of Medical and Social Expertise (BMSE) - in connection with determining the cause and group of disability; - various types of medical institutions - on the recognition of the fact of temporary disability; - registry offices - when confirming the age or fact of death; - bodies for the operation of the housing stock - when establishing the fact of being dependent; - archival institutions, etc.
Procedural relations for making decisions on the provision or refusal to provide social security may exist between individuals and the following state bodies: - bodies for the appointment of state pensions; - employment agencies, etc.
The question of the inclusion in the subject of social security of relations arising in connection with the resolution of disputes or disagreements in the field of social security cannot be answered unambiguously. These relations may arise at various stages of the exercise by an individual of his right to a particular type of social security. Disputes on the appointment of various types of social security, deductions, recovery of overpaid amounts are resolved by higher social security authorities, and in case of disagreement with their decision - in court.
According to E.G. Tuchkova, procedural relations are regulated by the norms of several branches, since social security law does not establish any special procedure for resolving disputes. But what industries the author does not specify. This means that when a dispute is considered by higher bodies, administrative relations arise, and when it is resolved by a court, civil procedural relations arise. In particular, B.C. Andreev wrote that if the resolution of the dispute is referred to the competence of the court, then ordinary civil procedural relations arise.
The opinion about the emergence of administrative relations when considering a dispute by higher bodies in the order of subordination was criticized in the legal literature. In particular, R.I. Ivanova pointed out that these relations contribute to the implementation of material (actually distributive) relations, are determined by the specifics of their nature and content, but they lack an element of power-submission. In addition, the decisions of higher authorities in the order of subordination in matters of social security are not jurisdictional acts. Therefore, the relations that arise between an individual and various state bodies in connection with the consideration of disputes on the provision of specific types of social security should be included in the subject of social security law.
Many scientists express the point of view on the expediency of creating specialized courts to consider disputes in the field of social security. Such courts exist in many economically developed countries and have proven their practical effectiveness. Compared to general civil courts, they consider cases in a shorter time and according to a simplified procedure, and allow faster and cheaper restoration of violated human rights in the field of social security.
If the proposal to organize judicial bodies with similar functions in Russia (for example, social justice courts of the world) receives legislative implementation, then the relations for considering cases in them and appealing their decisions will be included in the subject of social security law as procedural relations.
As for the subject of the science of social security law, it is wider than the subject of the industry. Science generalizes the knowledge accumulated about the subject of social security law, studies the genesis of the development of the branch of law as a whole, as well as its individual institutions and norms, formulates sectoral concepts of the subject and method, explores the features of legal relations, the most optimal options for their legal mediation, develops conceptual
nye provisions that determine the prospects for the development of both the industry as a whole and its individual institutions. In addition, science studies not only Russian law, but also the law of social security of foreign countries, as well as international legal regulation of social security.
An independent branch of law is characterized by the presence of its own subject and method of legal regulation.
Subject is a set of social relations regulated by a given branch of law.
The subject of PSO consists of several groups of public relations:
- social security relations in cash(pensions, allowances, compensations)
- relations to provide various special services (social services for the elderly, children, refugees)
- procedural and procedural relations related to the establishment of legal facts and the realization of the right to one or another type of social security.
In the structure of the subject of PSO, one can single out the core and the relations adjacent to it.
The core is formed by material relations, i.e. relations for social security in cash and relations for the provision of various services.
Procedural and procedural relations are considered as adjacent to the "core" and only in relationship with the "core".
procedural - these are relations arising in connection with the establishment or verification of legal facts that are important for the emergence of material relations (the fact of disability), as well as relations associated with the presentation of a citizen to any type of social security (pension assignment).
Procedural - these are relations for resolving disputes arising in connection with the protection by a citizen of his right to one or another type of social security (for example, in the event of a refusal to assign benefits).
1.3. Social security law method.
Method social security rights- this is a set of techniques and methods by which the state regulates legal relations in this area.
The features of the PSO method are:
Combination of centralized and local methods of legal regulation of public relations;
The rights and obligations of subjects can be established both by regulatory and contractual means;
The PSO reflects the specifics of legal facts that are associated with the emergence, change, termination of legal relations;
The PSO establishes the absolute nature of the rights of citizens as subjects of social security. The state represented by its bodies acts as an obligated subject.
The specifics of the sanctions that ensure the fulfillment of the obligations of the subjects and the method of protecting the violated right (property recovery can only be levied on citizens who have guiltyly received the amount of due payments in a larger amount; the sanctions are of a remedial, not a punitive nature). It is not excluded that citizens be held criminally liable for fraud.
1.4. Principles of social security law.
PSO principles include:
- universality social security (equal opportunity for everyone to receive social security upon the occurrence of legal facts specified in the law, regardless of gender, race, nationality, language, etc.)
- providing social security as an employee, a former employee, their families, and each as a member of society without any connection with work.
- establishing the level of social security that guarantees a decent human life.
- diversity grounds and types of social security.
- differentiation conditions and norms of provision, depending on a number of socially significant circumstances. Periodic indexation of the main types of social security.
- participation in public associations representing the interests of citizens, in the development, adoption and implementation of decisions on issues of social security and protection of rights.
Social protection - this is a system of measures carried out by society and the state to ensure guaranteed, minimally sufficient living conditions, maintaining life support and the active existence of a person.
Types of social protection :
provision of pensions;
provision of benefits;
free medical care;
provision of sanatorium treatment;
social assistance to families with children;
providing housing at the expense of state funds, etc.
Social Security Law (SSL) - this is an independent branch of law, a set of legal norms governing pension and some other relations for material security and social services for disabled members of society, providing them with existing benefits and benefits, as well as closely related procedural relations for resolving disputes and procedural relations for establishing legal facts.
Subject social security law is a set of social relations regulated by this branch of law.
The subject of social security law includes the following relations:
Relations on pension provision;
Social service relations;
Benefit Relationships;
Relationships for free medical care, etc.
In addition, the above relationships also include:
procedural relations - these are relations for resolving disputes arising between participants in relations on pension provision;
procedural relations - these are relations arising in connection with the establishment or verification of facts relevant to the provision of certain types of social protection (for example, the establishment of disability).
Method social security rights - a set of techniques and methods by which the state regulates legal relations in this area.
The PSO method has the following distinctive features:
combination of centralized and local methods establishing the rights and obligations of the subjects (at the federal level, a certain social standard is fixed, which under no circumstances can be lowered by the subjects of the Russian Federation, but can only be raised at the expense of their own sources (for example, establishing an additional payment to a pension in Moscow);
the rights and obligations of subjects in this industry can be established not only legal but also contractual (for example, a collective agreement at a particular enterprise may provide for more favorable conditions compared to the current legislation: early retirement, free annual sanatorium treatment, etc.). But the conditions achieved under contractual regulation should not worsen the position of workers in comparison with the legislation, otherwise they are invalidated.
all rights and obligations of the subjects of these relations are determined by law and cannot be changed by agreement of the parties;
specificity of sanctions applied to offenders , and ways to protect the violated right (both administratively and judicially).
The specifics of the sanctions are Firstly , in the fact that property recovery can be levied only on citizens who have guiltyly received unnecessarily amounts of social security payments. For example, a citizen submitted for the assignment of a pension a knowingly false document about his work with harmful working conditions, where he never worked. Taking into account this document, he was assigned a pension, and later this fact came to light. In this case, this citizen must fully reimburse the amount of pension illegally paid to him. And if the overpayment was formed due to the mistake of an employee of the body providing pensions, then in this case there is no fault of the pensioner, and the recovery of overpaid amounts from him should not be made.
And secondly, the sanctions are of a restorative nature, and not of a punitive nature: citizens return only the amount received in excess and do not experience additional hardships.
You can protect the violated right by applying to a higher authority (for example, you can appeal against the decision of the district department of social protection of the population to the appropriate district department or to the Department of Social Protection of the City), and if you disagree with the decision made by this body (bodies) - to the court, to the procedure established by the legislation on civil proceedings.
PSO SYSTEM- this is a scientifically substantiated, objectively existing sequence of connections between legal institutions and norms of social law. security, constituting as a whole a single branch of law.
PSO can be divided into 3 parts:
common part,
special part,
special part.
TO general part branches of social security law include legal norms containing indications of the scope and subject of regulation, as well as expressing the principles of PSO. Those. the general part includes the concept, subject, method, system, principles, sources of social security law, as well as the history of domestic legislation on social security.
Special part branch of social security law consists of institutions that have an independent object of regulation. They regulate in detail the grounds, procedure, conditions and amounts for providing citizens with various types of security: pensions, benefits and compensations, medical care and treatment, social services, benefits under the social system. security.
Speaking about the norms governing pension relations, it should be noted that they are numerous, diverse and are divided into several institutions. So, the norms on pensions are divided into the following groups:
labor pensions - for old age (including early), for disability, for the loss of a breadwinner;
for state pensions - for long service (federal civil servants), old age (citizens affected by radiation, for example, at the Chernobyl nuclear power plant, or man-made disasters), disability (military personnel and participants in the Great Patriotic War), social pensions (disabled citizens who have not acquired the right to a labor pension, for example, disabled people since childhood).
In a special institution stand out the norms that determine the procedure for the appointment and payment of pensions.
The norms governing other relations are combined into institutions:
allowances,
Social services, etc.
IN special part included rules governing the international legal aspects of social security, incl. and social legislation of foreign countries.
Sources of social security law:
From the theory of state and law, we know that under sources rights are understood as external forms of expression of the law-making activity of the state, with the help of which the will of the legislator becomes mandatory for execution.
In our state, law is characterized by the fact that its main sources are normative legal acts designed for repeated application.
Sources of social security law - these are various normative legal acts that regulate the complex of social relations that is the subject of this branch of law.
The sources of the PSO of Russia reflect the material conditions of life in our society. When living conditions in the country change, the sources of social security law also change. Outdated normative acts are canceled or changed, supplemented or new, more progressive, corresponding to market relations are adopted.
PSO sources can be classify for various reasons:
1. by legal force (by degree of importance and subordination),
2. according to their scope;
3. by the bodies that adopted the normative act;
4. according to the form of the act;
5. on legal institutions.
At the same time, the greatest practical importance belongs to the first and third groups.
1. By legal force sources are divided into laws and by-laws of legislation in the field of social security. Laws have the highest legal force and take precedence over any other normative legal acts. This is explained by the fact that laws are adopted by the highest legislative body of the Russian Federation and its subjects.
Laws are divided into:
constitutive,
codified,
Basic Law of the Russian Federation - this is the Constitution of the Russian Federation, adopted on December 12, 1993, which is the basis for all current legislation in the Russian Federation. Article 7 of the Constitution states that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person.
A number of articles of the Constitution of the Russian Federation set out the basic rights of citizens in the field of social security. So, for example, Article 39 of the Constitution of the Russian Federation states that everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.
As an example codification act in the field of social security are the Fundamentals of the legislation of the Russian Federation "On the protection of the health of citizens" dated 22.07.1993. This normative act establishes the right of citizens to health care, as well as guarantees for ensuring this right, including the right to receive various types of medical and social assistance free of charge.
At the same time, it should be noted that PSO is characterized by the fact that a large number of laws operate in this industry and there is no single codification source that regulates the whole range of relations that make up the subject of PSO. So, today the rights of citizens to one or another type of social security, as a rule, are regulated by different laws. For example, the right to a pension - Federal laws "On labor pensions in the Russian Federation" dated 12/17/2001. and "On State Pension Provision in the Russian Federation" dated 15.12.2001.
Current Laws relate to individual PSO institutions.
2. According to the form of the act PSO sources are divided into:
laws (examples given above);
decrees and orders of the President of the Russian Federation
(for example, Decree of the President of the Russian Federation of January 21, 2000 N 89 "On increasing the amount of compensation payments to low-income categories of pensioners");
resolutions and orders of the Government of the Russian Federation
(for example, Decree of the Government of the Russian Federation of 08.07.2002 N 1510 "On approval of the Regulations on the procedure for paying pensions to citizens leaving (left) for permanent residence outside the Russian Federation");
resolutions and clarifications of the Ministry of Labor of the Russian Federation and the Pension Fund of the Russian Federation, and other ministries and departments
(for example, Decree of the Ministry of Labor of the Russian Federation and the Pension Fund of the Russian Federation of February 27, 2002 N 17 / 19pb, which approved the "Rules for applying for a pension, assigning a pension and recalculating the amount of a pension, switching from one pension to another in accordance with the Federal Laws" On labor pensions in the Russian Federation" and "On State Pension Provision");
other regulations.
3 . By scope PSO sources are divided into:
federal (for example, the Law of the Russian Federation "On Employment of the Population of the Russian Federation" dated April 19, 1991 N 1032-1, as amended and supplemented, which regulates, for example, the payment of unemployment benefits throughout Russia),
republican within the Russian Federation and other subjects of the Russian Federation (regional, territorial)
(for example, Decree of the President of the Republic of Adygea dated 21.08.96 N 145 "On the allocation of funds for targeted assistance to orphans and schoolchildren from especially needy families").
industry
local.
4. PSO sources can also be classified as depending on the type of social relations regulated by them. There are 3 groups here:
1. on pension provision of citizens,
2. to provide citizens with benefits and compensation payments.
3. for the provision of social services under the social security system.
Topic 1. Social security law as a branch of Russian law
The concept of social security and social security law
Subject and method of social security law
Principles of social security law
1. The concept of social security and social security law
Social security as a real social phenomenon needs a scientific definition. However, despite the fact that the development of this concept has been carried out in various branches of knowledge since the beginning of the 20th century, in science today there is no unity of views on the issue of its main features and content. The reason for this lies in the ambiguity and versatility of the term "social security". From a sociological point of view, this is a social institution through which the needs of citizens who need support from society are met. From an economic point of view, this is a set of economic relations that arise in the process of distributing income to support disabled members of society.
The concepts of social security developed in legal science can be divided into two large groups: social security in the narrow and broad sense.
Social security in the narrow sense only the provision of the elderly and disabled citizens, carried out by authorized state bodies at the expense of direct appropriations from the state budget, is called. In other words, when considering social security in a narrow sense, its scope is determined by the circle of persons and the source of funding. Such an approach to the definition of the named concept can be traced already in the scientific works of the 1930s. This approach seems to be incomplete, since it does not make it possible to distinguish between social security and other types of distribution from public consumption funds, if only because often able-bodied citizens are also provided from funds intended for social security.
Under social security in a broad sense are understood as social relations regulated by the norms of law that arise between citizens, on the one hand, and state bodies, local governments, organizations, on the other, regarding the provision of all types of material support to citizens from specialized, specially created monetary funds in the event of an attack that does not depend on ponies security entities of circumstances that entail the loss or reduction of their income, increased expenses, low income, in order to prevent, mitigate or eliminate the adverse consequences of the onset of these risks, as well as maintain a certain minimum standard of living.
The analysis of this definition allows us to identify the following main features of social security:
1) social security is a whole range of social relations regulated by the rules of law;
2) the subjects of these relations are citizens and state bodies, local governments, as well as organizations (primarily employers);
3) social security is financed at the expense of budgetary funds and funds of specialized off-budget funds (Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal and regional compulsory medical insurance funds). From January 1, 2010, the formation of extra-budgetary funds is carried out through the payment of mandatory insurance premiums;
the objects of social security are the benefits provided to citizens: pensions, benefits, compensation and insurance payments, medical care, social assistance, social support, social services, additional social security, etc.;
citizens are provided with the indicated benefits in the event of special cases (otherwise they are called social risks), including: reaching a certain age, disability, recognition of a citizen as unemployed, the birth of a child, etc.;
the onset of risks entails the onset of adverse consequences, such as a decrease or loss of income, increased costs, etc.;
the purpose of social security is the prevention, mitigation or elimination of adverse consequences, as well as the maintenance of a certain minimum standard of living for citizens and their families.
Social politics- purposeful influence of the state, public associations and organizations on the existing system of social relations, the task of which is to improve the living and working conditions of the general population. The main goals of the social policy of the Russian Federation at present are:
identifying ways and means to ensure a sustainable improvement in the well-being of Russian citizens in the long term;
reducing the rate of natural population decline, stabilizing the population and creating conditions for its growth, as well as improving the quality of life and increasing life expectancy;
formation of a system ensuring the availability of medical care and improving the efficiency of medical services, the volume, types and quality of which must correspond to the level of morbidity and the needs of the population, advanced achievements of medical science;
creation of conditions orienting citizens towards a healthy lifestyle, including physical culture and sports, development of sports infrastructure, as well as increasing the competitiveness of Russian sports;
increasing the availability of quality education that meets the requirements of innovative development of the economy, the modern needs of society and every citizen;
Ensuring the availability of housing for all categories of citizens, as well as the compliance of the volume of comfortable housing stock with the needs of the population;
Significant improvement in the quality of the natural environment and the ecological conditions of human life, the formation of a balanced environmentally oriented model for the development of the economy and environmentally competitive industries, etc.
It should be borne in mind that the content of social policy (as well as politics in any other area) in a rule of law state is enshrined in laws, and not in by-laws adopted by executive authorities (even the highest ones).
Social protection of the population- a system of social relations to ensure conditions for the normal life of the population. It includes the activities of the state, local self-government bodies, public organizations, enterprises to create a human-friendly environment, protect motherhood and childhood, provide assistance to the family, protect the health of citizens, vocational training for citizens, ensure employment of the population, labor protection, wage regulation and income of the population, provision of citizens with housing, regulation of property rights of citizens, material support and services for the disabled and other persons in need of social protection. Social protection is a practical activity for the implementation of the main directions of social policy.
Social security law can be defined as a branch of law, as a science and as an academic discipline.
Social security law as a branch of law- a set of norms regulating social relations that develop in the implementation of the rights of citizens to social security.
Social security law as a science- a set of ideas, theories, ideas, views of scientists about social security.
Social security law as an academic discipline- a set of knowledge, skills, abilities and qualifications that students must master in the process of studying the discipline.
In terms of volume, the definition of the concept of social security law as a science is the broadest, since the subject of science is not only the current norms, but also the history of the development of social legislation, features of social security in foreign countries, proposals for improving the current legislation, as well as international legal social security regulation. The most narrow in scope is the concept of social security law as an academic discipline. The content of an academic discipline is determined by the needs of training specialists and differs in different universities and faculties.
Social security law is an independent and important branch of law, which is a set of legal norms governing social relations that arise in the process of distributing centralized extra-budgetary funds for social purposes and redistributing part of the state budget in order to meet the needs of citizens and their social support in cases of loss of a source of livelihood, incurring additional expenses or lack of the required subsistence minimum for objective socially significant reasons, as well as in the process of providing medical care and providing other social services and benefits.
In accordance with the Constitution of the Russian Federation, the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. Thus, one of the most important areas of activity of the Russian Federation is social sphere: the protection of labor and health of people, the establishment of a guaranteed minimum wage, the provision of state support for the family, motherhood, fatherhood and childhood, the disabled and the elderly, the development of a system of social services, the establishment of state pensions, benefits and other guarantees of social protection.
All states, including the Russian Federation, participating in the International Covenant on Economic, Social and Cultural Rights of 1966, recognize the right of every person to social security.
The Declaration of the Rights and Freedoms of Man and Citizen, as well as the Constitution of the Russian Federation, establishes the right of everyone to social security by age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law, the essence of which is the implementation by the state of the system economic and legal measures that ensure observance of the most important social rights of citizens and the achievement of a socially acceptable standard of living with their help.
In this way, the importance of social security law is that, by fulfilling the constitutional obligation to provide material support to certain segments of the population, the state contributes to maintaining social stability in society, stimulates the reproduction of the population, and also restores the social status of socially weak categories of the population, which allows them to feel like full members of the entire community.
The subject of social security law as branches of law are legal relations arising in the field of social security, i.e. regulated by the norms of social security law, arising on the basis of legal facts, relations between state and other bodies, on the one hand, and the elderly, disabled and other categories of citizens in need of social provision for circumstances beyond their control - on the other hand, for material support and social services for the latter.
These relationships can be classified on various grounds.
1. Depending on the types of social security, these legal relations are divided into:
- pension legal relations, which, in turn, are classified depending on the type of pension assigned to: old-age pensions, disability pensions, long service pensions, etc.;
- legal relations regarding benefits and compensation payments, which are also classified depending on their type into: benefits for citizens with children, temporary disability benefits, etc .;
- legal relations for the provision of social services (medical care, free medicines, spa treatment, vocational training and retraining, free prosthetics and other services).
2. According to the duration of legal relations in the field of social security, the following are distinguished:
- legal relations terminated by a single performance of duties (for example, payment of benefits at the birth of a child);
- legal relations with an absolutely fixed period of existence in time (for example, the payment of a monthly allowance for child care);
- legal relations with a relatively indefinite period of existence in time (for example, the payment of an old-age pension).
3. Depending on the nature of legal relations, there are:
- material legal relations, i.e. arising from certain types of security;
- procedural legal relations arising from the appointment of a particular type of social security or in connection with the establishment of legal facts (for example, the length of service, groups and causes of disability);
- procedural legal relations arising in connection with the consideration and resolution of disputes between the parties. The precondition for any relationship is legal facts, i.e. specific life (objective) circumstances with which the rule of law connects the emergence, change or termination of legal relations. As a rule, most legal relations in the field of social security arise from complex legal structures. In such cases, for the onset of legal consequences, several circumstances must simultaneously exist. For example, in order to receive an old-age pension, facts such as reaching retirement age, having the necessary work experience, and a decision to award a pension are required.
legal relationship has a structure that is complex in composition of elements:
- subject;
- an object;
- subjective right and legal obligation, i.e. legal content.
Subjects of legal relations on social security are individuals and state bodies, which, by virtue of the rules of law, can act as bearers of subjective rights and obligations. At the same time, natural persons include both citizens of the Russian Federation and stateless persons with legal capacity and capacity, refugees and internally displaced persons, foreigners permanently residing in the Russian Federation, other foreign citizens only if there are international mutual agreements with the Russian Federation. In turn, these state bodies include bodies of the Ministry of Labor and Social Protection, health care, education, as well as local governments.
The object of legal relations in the field of social security it is something about which the rights and obligations of the subjects of these legal relations arise, that is, a specific material benefit addressed to a citizen in the form of a pension, allowance, compensation payment, or a certain kind of social service. The legal norms that regulate social security relations are internally interconnected and built on uniform principles.
Under the principles of social security law refers to the guiding principles, provisions that determine the essence, content and direction of development of the complex of legal norms of social security law.
All in scope principles of law are usually divided into:
- general legal, inherent in all branches of law;
- intersectoral, reflecting the common features of several industries;
- sectoral, operating within only one industry;
- intra-industry, relating to individual institutions of the industry. IN according to this classification The principles of social security law include:
- general legal: legality, humanism, unity of rights and duties, a combination of persuasion and coercion, etc.;
- industry: universality and availability of social security; guarantee of social protection in the event of all socially significant circumstances established by law; differentiation of social security conditions depending on working conditions, seniority, natural and climatic zone, etc.; variety of types of social security, complexity of legal regulation; the principle of social security through mandatory payments to off-budget funds; the principle of matching the size of allowances, pensions and other payments to the financial capabilities of the state;
– intersectoral: orientation, comprehensiveness, the principle of inevitability of responsibility, adversarial legal proceedings, etc. P.;
- intra-industry: each person working under an employment contract (contract) is subject to compulsory state pension insurance, each insured person has the right to a labor pension in accordance with the duration of insurance and the employee's earnings, targeting, accessibility, voluntariness, priority provision of social services, etc. The method is a combination of techniques, methods and means of influencing public relations, including in the field of social security.
Social security law method due to the complex nature of its subject matter. Therefore, the impact on the subjects of legal relations on social security is carried out by applying both administrative-legal and civil-law methods.
Administrative-legal method regulation is based on relations of power and subordination, since one of the subjects of social security relations is always a state or other governing body. It is expressed in the establishment of prescriptions, prohibitions, restrictions, permits. In particular, all rights and obligations of the subjects of these legal relations are determined by law and are not subject to change by agreement of the parties. This method finds its manifestation in the fact that the majority of social security relations are still not built on a contractual basis.
Civil law method is based on the "autonomy" of the subjects' actions on additional social security, as well as on the absence in some cases of a specific legal connection between the rights and obligations of the subjects (for example, when one party has only an obligation). In this case, the possibility of providing certain types of social services on a contractual basis (for example, for the provision of medical care) is implied.
Method social security rights characterized by the following features:
- a combination of centralized and local methods of regulating the rights and obligations of subjects;
- the formation of the content of the legal relationship not only legally, but also by contract. However, most social security relations are still not built on a contractual basis. Thus, the parties cannot, at their own discretion, expand the list of services, change the requirements for their quality, reduce the cost, increase liability for poor-quality or untimely provision, and introduce other conditions;
- the specifics of legal facts that entail the emergence, change or termination of legal relations (the onset of old age, disability, loss of a breadwinner, the birth of a child, etc.);
- the absolute nature of the rights of citizens as subjects of legal relations. So, all their rights are determined by law and are not subject to change by agreement of the parties.
Social security law system- this is a scientifically substantiated, objectively existing sequence of connections between legal institutions and social security law norms, which, on the whole, constitute a single branch of law.
The system of social security law consists of two large groups:
- a common part, which includes the rules governing the general provisions of social security law: tasks, principles, sources of this branch of law, as well as the legal status of subjects of legal relations in the field of social security;
- special part which contains the rest of the norms of the legislation on social security, which regulate in detail the grounds, procedure and amounts for providing citizens with various types of security.