Improvement of work on social security of families with children. Social security for families with children in the russian federation lilia sotnikova

23.07.2019

INTRODUCTION 3 CHAPTER 1. THEORETICAL BASIS OF RESEARCHING THE SOCIAL SECURITY OF FAMILIES WITH CHILDREN IN THE RUSSIAN FEDERATION 8 1.1 The current state of social security of families with children in Russia 8 CHAPTER 2. SOCIAL SECURITY OF FAMILIES WITH CHILDREN AS AN ELEMENT OF THE SOCIAL SECURITY SYSTEM OF FAMILIES WITH CHILDREN WITH CHILDREN 2.1 12 2.1.1. Social benefits, benefits and compensation for mothers (or other relatives actually caring for the child), 13 2.1.2. Additional measures of state support for families with children, 15 2.1.3. Benefits for children under guardianship and custody in a foster family 21 2.1.4. Social security for families with children who have lost their breadwinner. 23 2.2 Features of the development of social security for families with children 26 CONCLUSION 29 REFERENCES 31

Introduction

Relevance of the research topic. Socio-legal research of social security for families with children is relevant both in general theoretical and in practical (applied) terms. The concept of social security for families with children, which fixes the need for state support for persons in socially vulnerable situations, is one of those widely used in legal and social science literature. Therefore, a theoretical analysis of the content of this concept is certainly important. In addition, next to the general theoretical factor, the relevance of such a study is the current situation of the socio-political development of the Russian Federation, which proclaimed itself a social state based on the rule of law. Since the highest value of such a state is the individual and her rights, the problem of the full implementation of social security for families with children who are directly related to the formation of conditions for a decent life of a person, his social protection. Taking into account the socio-political and economic factors in the development of social security for families with children is becoming one of the elements of the effectiveness of state social reforms. It should be noted that this is consistent with modern international practice of social protection of a person in highly developed countries. Russia, which has proclaimed the protection of human and civil rights and freedoms as a priority area of foreign policy, has thereby assumed the appropriate obligations to ensure the realization of human rights. Among them is the right to social protection, which is of particular importance in the context of market transformations. Today it can be argued that the decline in economic development, insufficient social and legal protection of broad strata of the population, their impoverishment and uncertainty in the future, increases the dependence of a person on the social policy of the state and prompts the latter to pay close attention to the development of a system of social protection for various categories of the population. The Russian state at the legislative level singled out a socially vulnerable category from among the disabled population - minor children, and with them - the family in which they are kept and brought up. This defines the priorities of Russia's social policy, recognizes the advantage of universal (in particular, family) values over others. It is with the family that such factors of the viability of society as genetic, intellectual, ethnic funds, as well as the quality of physical and mental health, the connection between generations, the preservation of moral and cultural values, and the provision of the necessary level of public order are associated. The Russian state recognizes the family as the main structural unit of society, and one of its main functions, in turn, is the function of giving birth and raising children. Finally, it is necessary to take into account the insufficient research of the problem of social security of families with children in legal science. This problem has been investigated to a certain extent by scientists in works devoted to the analysis of social legislation in general (M.G. Aleksandrov, V.S. Venediktov, D.M. Genkin, L.Ya. Gintsburg, M.V. Molodtsov, A.S. Pashkov, V.I. Prokopenko, V.G. Rotan), in works on the problems of paying compensation to families with children (S.S. Karinsky, R.Z. Livshits, A.Yu. Pasherstnik, A.I. Protsevsky) ... The authors of textbooks and teaching aids also contributed to the study of the problem of social security for families with children (NB Bolotina, GI Gulyaev, AD Zaikin, GI Chanyshev). The publication of popular science literature also contributed to an increase in the level of understanding of the social and legal phenomenon, is considered (V.S.Andreev, M.I.Kuchma, A.N. Medvedev, K. Molodtsov, N.A. Stolyar E.L. Khlystova) ... However, studies of social security for families with children, taking into account modern legislation and the possibilities of its development at the level of complex scientific research, have not been carried out. This cannot be considered satisfactory. The volume of normative material and its complexity require its comprehensive study. The foregoing led to the choice of the topic of the course work "Social security of families with children: current state and development directions." The aim of the study is to determine the current state of social and legal regulation of relations regarding social security of families with children in the system of state social policy. To achieve this goal in the course of work on the course work, the following tasks were solved: 1. Make a general description of the current state of social security for families with children in Russia. 2. To reveal the main directions of social security for families with children. 3. Analyze the system of social services for families with children. 6. To develop directions for the development of social security for families with children. The object of the research is social relations that are in the sphere of regulation of legislation on social security of families with children in Russia. The subject of the research is the legal norms of the law of social security for families with children. Due to the presence of functional links between branches of law, the study used various research methods. Chief among them was the general scientific dialectical-materialist method, which made it possible to study the problems arising in the regulation of relations in the field of social security of families with children, in the unity of their social content and legal form. We proceeded from the decisive influence of public relations on law and looked for ways to enhance the active reverse impact of law on public relations. Using the method of logical analysis, a theoretical model of the relationship between state family policy and the institution of the family was studied and formulated, which was compared with the existing model, which made it possible to establish ways to improve it. The historical method was used because it is fruitful for the search for new means of influencing the law on social relations in socio-economic conditions that are changing. The method of comparative jurisprudence was applied in order to take into account the experience of legal regulation of relations regarding compensation in different regions of the Russian Federation. The formal legal method has found application in the interpretation of legal norms and the development of proposals for their application. The theoretical and methodological basis of the research was formed by scientific works on the theory of social security law S.S. Alekseeva, V.S. Venediktova, L. Ya. Gintsburg, S. Goncharova, P.I. Zhigalkina, V.V. Zhernakova, I.V. Tooth, S.S. Karinsky, R.I. Kondratyev, R.Z. Livshits, S.P. Mavrina, A.R. Matsyuka, A.V. Smirnova et al. Scientific novelty of the results obtained. The course work is a scientific work prepared based on the results of a study of a significant regulatory and legal array that has developed over the years of federalism of the Russian Federation and regulates relations in the system of social security for families with children. As a result of the study, new scientific results were obtained, set out and substantiated in this work, and were the basis for formulating proposals for the application and further improvement of legislation. The course work is an attempt at a comprehensive scientific study of theoretical and practical problems of social security for families with children, taking into account the latest federal and regional Russian legislation and development opportunities. The theoretical significance of the course work lies in the development of a scientifically grounded concept of the possibilities for the development of domestic legislation on the social security of the family. The results we have obtained and the theoretical conclusions drawn on their basis replenish the potential of the science of social security law, and can be used as the basis for further scientific developments. The practical significance is expressed in proposals aimed at improving the content and structure of legislation on social security for families and children in Russia. The results of the research can be used in the educational process when studying the teaching of the course "Social Security Law". Theoretical conclusions and provisions can be used in further scientific research. The structure of the course work is due to the specifics of the object of analysis and the logic of research, it follows from the goal and the corresponding tasks necessary to achieve the goal. Structurally, the work consists of an introduction, two chapters, a conclusion and a list of references.

Conclusion

This work examines and analyzes the current problem of social security and support for families with children. In conclusion, it should be noted that an important institution of social security law is the institution of state assistance to families with children, the essence of which is, first of all, in fulfilling the demographic function, in improving the financial situation of families with children and creating favorable conditions for the development of the younger generation. Forms of social support for families with children occupies one of the key places in the life of society, they directly depend on the development of the economy and are closely related to politics and the social well-being of citizens. The sources of legal support for social support for families with children are the legal framework on the provision of citizens with state benefits, which consists of the Constitution of the Russian Federation of 1993, the Family Code of the Russian Federation, federal regulatory legal acts of the Russian Federation, as well as other regulatory legal acts of the constituent entities of the Russian Federation establishing additional types support for large families, disabled people, orphans and children deprived of parental care, etc. It seems that at the current stage of development of Russian society, the functions of social security law should have a two-level structure - social and special legal. The general social functions include political, economic, demographic, educational, rehabilitation, and public health protection. To special legal - regulatory and protective. An important institution of social security law is the institution of state assistance to families with children, the essence of which is, first of all, in fulfilling the demographic function of social security law, in improving the material situation of families with children and creating favorable conditions for the development of the younger generation. We consider judicial protection of violated rights to be an important guarantee of state protection when providing state aid to families with children. Since when making decisions, the courts are independent and independent from other branches of state power; the specific function of the state - justice - is in the exclusive competence of the courts; courts specially created for the administration of justice, and for other jurisdictional bodies, legal protection is one of the areas of activity; the judicial process eliminates the inequality of the parties, the imperious principle disappears and persons are endowed with equal opportunities to defend the legitimacy of their position.

Bibliography

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated 30.12.2008 No. 6-FKZ, dated 30.12.2008 No. 7-FKZ) // Parliamentary Gazette, No. 4, 23-29.01.2009. 2. Federal Law dated 02.12.2013 No. 349-FZ “On the federal budget for 2015 and for the planning period of 2016 and 2017”. 3. Federal Law of 06.10.2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (as amended on 25.07.2011) // Rossiyskaya Gazeta, No. 298, 2011. 4. Federal Law of August 1, 1996 No. 107-FZ "On compensation payments for meals to students in state, municipal educational institutions, institutions of primary vocational and secondary vocational education." // http://www.lawrussia.ru/texts/legal_913/doc913a787x192.htm (date of treatment 02.23.2015). 5. Federal Law of May 19, 1995 No. 81-FZ "On State Benefits to Citizens with Children" (as amended on 03/07/2011) // Rossiyskaya Gazeta, No. 98, 2011. 6. Federal Law of December 21, 1996 No. 159-FZ "On additional guarantees for social support of orphans and children left without parental care" (as amended on December 17, 2009) // Rossiyskaya Gazeta, No. 219, 2009. 7. Federal Law No. 124 of July 24, 1998 -FZ "On the basic guarantees of the rights of the child in the Russian Federation" (as amended on 12/17/2009, as amended on 07/21/2011) // Rossiyskaya Gazeta, No. 147, 2011. 8. Federal Law No. 48-FZ of April 24, 2008 "On guardianship and trusteeship" // Rossiyskaya Gazeta, No. 132, 2008. 9. Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children." Adopted by the State Duma on December 22, 2006. Approved by the Federation Council on December 27, 2006. 10. Federal law. On the benefits for travel on intercity transport for children in need of spa treatment. Adopted by the State Duma on April 3, 1998. Approved by the Federation Council on May 20, 1998. - http://open.lexpro.ru/document/44351#1 (date of treatment 02.25.2015). 11. Decree of the Government of the Russian Federation of December 12, 2007 No. 862 "On the Rules for the allocation of funds (part of funds) of maternal (family) capital to improve housing conditions". 12. Decree of the Government of the Russian Federation of December 30, 2006 No. 873 "On the procedure for issuing a state certificate for maternity (family) capital". 13. Resolution of the Government of the Russian Federation of May 18, 2009 No. No. 423 "On certain issues of guardianship and trusteeship in relation to minors" // Rossiyskaya Gazeta, No. 4918, 2009. 14. Decree of the Government of the Russian Federation of 03.11.1994 N 1206 (as amended on 21.05.2012) "On approval of the Procedure for Appointment and payments of monthly compensation payments to certain categories of citizens ”. - http://allmedia.ru/laws/DocumShow.asp?DocumID=43675 (date of treatment 02.25.2015). 15. Analysis of the socio-economic situation of large families: Collective monograph. - M .: Ministry of Health and Social Development of the Russian Federation, 2013. 16. Antonov A.I. Large family in the era of depopulation (results of an all-Russian study of mothers with many children) / A.I. Antonov // Demographic Research. - 2009. - №№ 8-9. - P.22-25. 17. Akhmedshina A.N. The right to maternal (family) capital in the system of social security measures // Journal of Russian Law. 2012. - No. 1. - S. 12-19. 18. Babynina LS Issues of designing compensation package [Text] / LS Babynina // Personnel business, 2004. - № 7. 19. Volokitina OV. The legal nature of social benefits // Bulletin of TSPU (TSPU Bulletin), 2013. - No. 12 (140). - S. 124-128. 20. Galaganov V.P. Organization of work of social security bodies. - M .: Academy, 2012 .-- 192 p. 21. V.P. Galaganov Social Security Law. Textbook. - M .: KnoRus, 2014 .-- 512 p. 22. Gosteva T.S. Problems of social support for large families // Large family. - No. 2, 2012. - S. 16-19. 23. Guseva T.S. Problems of the implementation of the right to social security by families with children in the Russian Federation / T.S. Guseva // Russian legal journal, 2012. - No. 1 (January-February). - S. 125-131. 24. Guseva T.S. Russian legislation on social security of the family, motherhood, fatherhood and childhood: problems and development prospects // Russian Justice. 2012. - No. 4. - S. 59-63. 25. Korsanenkova Yu. B. Social benefits for families with children and other measures of their social support in Russia: textbook / Yu.B. Korsanenkov, A. F. Korsanenkov. - M.: Norma: INFRA-M, 2011. 26. Machulskaya E.E. Social Security Law. - M .: Yurayt, 2011 .-- 576 p. 27. Monitoring the demographic situation in the Russian Federation and trends in its change: Annual report "Demographic situation in the Russian Federation" / scientific. ed. A.I. Antonov - M .: KDU, 2008. 28. Ogorodnikova S.S., Vakulich D.O. Social protection in Russia. / a guide for university students / S. Ogorodnikova. - Fostov-na-Donu .: Phoenix, 2011 .-- 327 p. 29. Official site of the Department of legal and social protection of children. Electronic resource. Access mode: . 30. Parfenov A.S. Demographic crisis: social forecasting and maternity capital. // Bulletin of OrelGAU, 2010. - No. 5. - P. 2-5. 31. Child benefits in 2015. - Electronic resource: http://posobie-expert.ru/posobiya-v-2015-godu/ (date of treatment 01/07/2015). 32. Recommendations of parliamentary hearings on the topic “Problems of legislation regulating the situation of orphans and children left without parental care (approved by the decision of the State Duma Committee on Family, Women and Children Issues of November 11, 2008, pr. No. 3.6-12 / 25). Electronic resource. Access mode: . 33. Fakhrislamov A.A. Review of the legislation of the Russian Federation and the constituent entities of the Russian Federation on the provision of living space for orphans and children left without parental care, as well as persons from among orphans and children left without parental care. Yekaterinburg, 2010 34. Federal State Statistics Service [Electronic resource] URL: http://www.gks.ru/ (date of access: 18.02.2014) 35. Fedchenko A.A. Compensation package of the organization: approaches to formation / A.A. Fedchenko // Bulletin of Voronezh State University, series: Economics and Management, 2008. - No. 1. - P. 114-122. 36. Firsov M.V. The theory of social work: Textbook. Supplementary manual. / M.V. Firsov, E.G. Studenova. - M .: VLADOS, 2011 .-- 512 p. 37. Kholostova E.I. Social work technologies: a guide for students. Universities. - M .: Academy, 2013 .-- 548p.

The main problem of the current state of the legislative framework in this area is a certain gap between progressive conceptual approaches, the goals, priorities, principles of state support for families, and the actual amount of assistance proclaimed in Russian laws. This gives the legislation a somewhat declarative character and reduces the trust of families in the state.

Direct financial assistance to families in connection with the birth and upbringing of children in the form of state benefits, compensation payments, pensions for children in the event of the loss of a breadwinner, and other types of payments at the federal level are established in the form of fixed sums. Their size does not depend on the family's real need for support for a specific case of need, but is determined by the financial capabilities of the state or other sources of funding for social support measures.

A common problem in the legislative regulation of state support for families with children is the linking of most forms of support to family income, more precisely, to the subsistence level. The presence of the shadow economy often makes it impossible to realistically assess the income of families and identify really needy families with children. The solution to this problem lies outside the scope of the welfare and social services industry.

Insufficient reliability of funding sources established by law and their limited availability for most types of support for families with children.

The norms for supporting families of fire victims, victims of terrorist acts, natural and man-made disasters, with the exception of radiation, are not enshrined at the level of federal law. In each specific case, decisions are made at the level of municipalities, a constituent entity of the Russian Federation, or the Government of Russia.

The legislative and regulatory framework of the current system of social payments, services and social support measures is a huge array of legislative acts with numerous amendments, which do not always clearly describe the procedure for providing social payments and other forms of social support.

Not all families eligible for support receive it due to insufficient family information or the inaccessibility (absence) of institutions designed to provide assistance.

One of the main shortcomings of modern legislation is the lack of a clear mechanism for bringing to justice for non-compliance with the provisions of the laws.

These findings indicate the need to improve the legal framework and the system of social support measures provided to families with children. In this regard, we can highlight the main directions of improving the system of legal guarantees provided for families with children:

Reforming social legislation towards further implementation of a targeted approach in the payment of state cash benefits and social services. A targeted approach should be expressed in providing assistance not to categories of families, but to individual families who really need help on the basis of obtaining objective data on the situation of specific families.

It is advisable to establish in the legislation, along with the declarative principle, also the revealing principle of the payment of benefits and the provision of measures of social support to families with children. At the same time, it is necessary to legislate the creation of regional and federal databases on families and children in need of various types of state social support.

The size should be indexed and the share of financial resources for the payment of cash benefits for children should be gradually increased

It is important to consider the possibility of adopting a federal law on job quotas for low-income families with children (single parents with children, large families, student families with children, etc.).

It is necessary to systematize legislation, abolish declarative and contradictory norms, reliable financial and organizational mechanisms for implementation.

The Russian state and society should pay close attention to supporting families with children. The social policy should be based on the priorities of family values, family upbringing of children, equality of men and women in all spheres of life, including the family sphere. Solving family problems is the task of the whole society, citizens' associations, and every Russian family. We need a consolidation of all healthy forces, an increase in the role of civil society institutions, including local self-government bodies, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.

The Russian state and society should pay close attention to supporting families with children. The state and all institutions of civil society should not only resolve urgent family problems, but also begin to develop and implement a long-term family policy strategy for all categories of families. The social policy should be based on the priorities of family values, family upbringing of children, equality of men and women in all spheres of life, including the family sphere. Solving family problems is the task of the whole society, citizens' associations, and every Russian family. We need a consolidation of all healthy forces, an increase in the role of civil society institutions, including local self-government bodies, public organizations, and families themselves in stabilizing and radically improving the situation of Russian families.

The most important task of family policy should be the development and implementation of strategies and mechanisms to actively develop the potential of the family on the basis of improving its relations with the state, a fuller realization of institutional rights and needs. Family policy, complementing and deepening general social measures, is designed to help solve specific family problems.

Currently, social workers are involved in providing assistance to the family, mainly at the stage of crisis, at the time of conflict or breakdown. But so far most social institutions are not able to work on the prevention of family dysfunctions. Meanwhile, this is one of the most important tasks of social work in a stable society.

Conclusion

As a result of the work done, we come to the following conclusions:

1. The system of social security for families with children fully complies with the general system of social security that has developed in the Russian Federation, and the concept of social security for families with children should be built within the framework of existing concepts of social security. Family, parents, legal representatives of children, children themselves act only as special subjects of support or "certain categories of citizens" in the general system of social security;

2. The structure of social security for families with children has changed significantly in the light of modern economic realities. First of all, this concerns the system of financing and management, which is caused by a fundamentally new approach of the legislator to the division of powers in the field of social protection, as well as social security between federal government bodies and government bodies of the constituent entities of the Russian Federation. The Russian Federation is currently the guarantor of cash payments to families with children in respect of pensions, compulsory social insurance benefits, and certain types of benefits for raising children. In addition, the jurisdiction of the Russian Federation includes a number of payments to families of military personnel with children. The provision of social services to families with children, its types, forms and amounts of payment for social services are almost fully regulated by the legislation of the constituent entities of the Russian Federation, without legislative consolidation in the form of certain standards or guarantees at the federal level;

3. For the legal relations arising in the law of social security in connection with motherhood and childhood, a variety of subjects is characteristic, among which the main ones can be distinguished: persons with legal personality (mothers, fathers entitled to childcare benefits, etc.); persons with legal capacity, but not having legal capacity (children of the deceased breadwinner up to a certain age, with the onset of which the law connects the presence of legal capacity, minors who find themselves in a difficult life situation, etc.); a family that has legal capacity in cases specified by law (a poor family when providing state social assistance, a large family when providing certain measures of social support);

4. Cash payments to families with children are assigned and paid primarily from public funds, most of the cost of social security falls on the share of federal extra-budgetary insurance funds.

The need to improve family policy at the regional and local levels is primarily due to social needs. By its nature and purpose, the family is an ally of society in solving its fundamental problems, establishing moral principles, socializing children, developing culture and economy. Society is interested in an active family capable of working out and implementing its own life strategy, ensuring not only its own survival, but also development.

It is necessary to develop such measures of family and demographic policy that will be adequate to resolve the existing demographic problems. Otherwise, the family as a social institution will be more and more destroyed, and the country's population will shrink in conditions of low birth rate.

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Thesis

Sotnikova, Lilia Vasilievna

Academic degree:

PhD in Law

Place of thesis defense:

Ekaterinburg

VAK specialty code:

Speciality:

Labor law; social security law

Number of pages:

CHAPTER 1. THEORETICAL BASIS OF SOCIAL SECURITY OF FAMILIES WITH CHILDREN IN THE RUSSIAN FEDERATION.

§ 1. The historical aspect of the development of legislation on social security in connection with motherhood and childhood.

§ 2. The concept of social security for families with children, its place in the social security system of the Russian Federation and its structure.

§ 3. Features of the sources of law regulating the social security of families with children.

§ 4. Citizens as subjects of legal relations on social security in connection with motherhood and childhood.

CHAPTER 2. ISSUES OF LEGAL REGULATION OF SEPARATE TYPES OF SOCIAL SECURITY OF FAMILIES WITH CHILDREN.

§ 1. Pension benefits for families with children.

§ 2 Benefits and other social benefits in connection with motherhood and childhood.

§ 3. State social assistance to low-income families with children.

§4. Social services for families with children in the system of state social services.

Dissertation introduction (part of the abstract) On the topic "Social security of families with children in the Russian Federation: legal issues"

Relevance of the research topic. International normative legal acts enshrine the right of a family to provide it with the widest possible protection and assistance, mainly in its education, and while its responsibility is to take care of minors children and their upbringing, the right to special protection for mothers for a reasonable period before and after childbirth. Among the priority tasks for the entire world community, as noted in the International Covenant on Economic, Social and Cultural Rights, is “protecting the family from poverty and deprivation, from negative impacts, changes associated with the economy; improving the situation of single-parent families, families with one breadwinner "1. The social policy of the Russian state in relation to families with children is determined by the Constitution of the Russian Federation. Article 38 of the Constitution indicates that motherhood and childhood, the family are under the protection of the state. State family policy, being an important area of modern social policy, is a set of targeted measures implemented at the federal and regional levels in relation to the institution of the family. The Federal Law of July 24, 1998 "On the Basic Guarantees of the Rights of the Child in the Russian Federation" 2 emphasizes that state policy in the interests of children is a priority, one of its principles is family support in order to ensure the full upbringing of children, protect their rights, prepare them to a fulfilling life in society.

In our country, the modern demographic situation, the standard of living of families with children is currently of particular concern and requires immediate improvement of the socio-economic potential of the family, the adoption of measures aimed at improving the socio-demographic situation in the country. By the beginning of the XXI century, Russia approached in a state of stable

1 Human rights. Collection of universal and regional international documents. / Compiled by L.N. Shestakov M., 1990.S. 38-42.

2СЗ RF. 1998. No. 31. Art. 3802. The process of depopulation, having one of the highest rates of natural population decline in the world. In 1993-2005, the population of the Russian Federation decreased by 5.8 million people. or 4%. The present time is characterized by a low birth rate, a massive spread of one-child families, and a deterioration in the reproductive health of the population. To ensure the reproduction of the population and replacement of generations, the total fertility rate (the average number of children born to a woman of reproductive age) should be 2.14. In the Russian Federation in 2005 this figure was only 1.29.

The 2006 State Report “ On the situation of children in the Russian Federation»1 indicates that the number of children under the age of 18 was 29.1 million as of January 1, 2005, which is one fifth of the population of Russia. In 2001-2004, the number of children decreased by 4.4 million. This decrease is due to the low birth rate simultaneously with the achievement of coming of age adolescents born in the mid-80s of the last century, when the birth rate in the country was the highest in the last 40 years.

The issues of supporting motherhood, fatherhood and childhood, strengthening the family as one of the directions for solving the demographic problem were outlined by the President of the Russian Federation in his 2006 Address to the Federal Assembly. The proposed program contains a whole range of measures aimed at state support for families with children. Since January 2007, normative legal acts have come into force, providing for a significant increase in the childcare allowance, the cost of birth certificates, and compensation for the costs of preschool education. In order to ensure the priority of placing children without parental care into a family, a one-time allowance has been established when a child is placed in a family for foster care, a mini

1 On the situation of children in the Russian Federation. State report. M., 2006.

2 Message from the President of Russia Vladimir Putin to the Federal Assembly of the Russian Federation // Ros. gas. May 11, 2006 No. 97. the minimum standard for the maintenance of children in families of guardians (trustees), foster parents, as well as for the remuneration of foster parents. As an additional measure of state support for families with children, the provision of basic maternity (family) capital has been introduced.

Pensions, allowances and compensation payments to families with children are the most important institutions in the social security system. Social services for families and children are developing more and more, their forms are being improved, new types of institutions have appeared that provide social services. Institutions of social services for families and children are actively working on solving the problems of child neglect, prevention of juvenile delinquency, " social orphanhood"By providing appropriate services; an essential role in relation to social security of families with children is the institution of state social assistance.

At the same time, federal legislation regulating social security issues is more focused on the elderly, which is a consequence of the long-term priority social security policy aimed at supporting the older generation. Moreover, the federal legislator provided for the obligatory continuity of norms when transferring certain powers in the field of social security to the constituent entities of the Russian Federation, and as a result, this trend is observed in lawmaking regions. In addition, the regulations governing the provision of social security to families with children have been disunited, and there is a plurality of bodies and sources of social security provision. The unresolvedness of these and other questions predetermined the choice of the research topic.

The state of scientific elaboration of the topic. Certain issues of the topic were analyzed in the works of E.G. Azarova1, K.S. Batygina 2,

1 See E.G. Azarova. Benefits and benefits for citizens with children. M., 1997.

2 See Batygin K.S., Galaganov V.P. Social security benefits. M., 1996.

A.L. Blagodir1, V.P. Galaganova2, R.I. Ivanova3, Yu.A. Koroleva4, A.M. Nechaeva5, M.I. Polupanova6, G.I. Potsheba, 7 L.S.Rzhanitsina8, V .TO. Subbotenko 9, E.V. Sosnovaya.10, E.P. Frolova and other authors, but they were all based on the legislation in force earlier. Comprehensive studies on this topic are currently lacking.

The purpose and objectives of the study. The purpose of this dissertation is a systematic scientific analysis of the legislation of the Russian Federation and the constituent entities of the Russian Federation that regulates the provision of pensions, certain types of benefits, social services, state social assistance to families with children, as well as the development on this basis of proposals aimed at improving legislation in the sphere of social security for families and children. Achieving this goal involves solving the following tasks:

Consideration of the history of the development of legislation on the social security of families with children in the Russian Federation; study of the concept of social security for families with children, determination of its place in the social security system of the Russian Federation and its structure;

Disclosure of the features of the sources of law governing the provision of certain types of social security to families with children at the level of the Russian Federation and the constituent entities of the Russian Federation;

Revealing the peculiarities of the legal status of citizens, as subjects of legal relations arising from the provision of pensions, See A.L. Blagodir. Legal regulation of social services for citizens. Kirov, 2003.

2 See: K.S. Batygin, V.P. Galaganov. Social security benefits. M., 1996.

3 See: R.I. Ivanova Social security relationship. M., 1986.

4 See: Korolev Yu. A Family as a subject of law // Journal of Russian law. 2000. No. 10.

5 see: A.M. Nechaeva. Protection of orphans in Russia. M., 1994.

6 See: E. G. Azarova, M. I. Polupanov. Social security for children in the USSR. M., 1979.

7 See: E.P. Frolova, Potsheba. G.I. State aid to mothers and children. M., Finance and Statistics. 1989.

8 See: Rzhanitsina L.S.Problems of forming a system of state targeted assistance to low-income families // Family in Russia. 1998. No. 2.

9 See: V.K. Subbotenko. Procedural legal relations in social security. Tomsk, 1980.

10 See: E.V. Sosnova Family Benefits: International Norms and Foreign Experience. Study guide. M., 2002. benefits, social assistance and social services for families with children;

Research of legal issues of pensions for families with children, providing them with benefits and other social benefits, providing them with social services;

Justification of the need for amendments and additions to the normative legal acts regulating the conditions and procedure for the provision of certain types of social security to families with children.

Object and subject of research. The object of the research is the social security of families with children in the Russian Federation, the subject is international, Russian legislative and by-laws, as well as normative legal acts of the constituent entities of the Russian Federation in the field of social security for families with children, the provisions of legal science on this issue.

Methodological basis and research methods. The thesis is based on the methods of empirical and theoretical research, traditional dialectical and formal logic.

Theoretical basis of the dissertation. In carrying out this study, the works of domestic scientists on the theory of state and law (SS Alekseev, VD Perevalov) were used as a scientific and theoretical basis; on constitutional law (M. I. Kukushkina, A. N. Kokotov, S. E. Nesmeyanova, A. N. Sagindykova, M. S. Salikova); on labor law and social security law (E.G. Azarova, K.S. Batygina, L.Yu.Bugrov, M.O.Buyanova, M.L. Zakharova, R.I. Ivanova, T.V. Ivankina, S.Yu. Golovina, K.N. Gusov, M.V. Lushnikova, E.E. Machulskaya, M.V. Molodtsova, S.V. Naimushin, N.M. Salikova, E.G. Tuchkova, M.V. Fedorova, V.Sh. Shaikhatdinova), in the field of family law (N.V. Letova, G.L. Osokina, AM Nechaeva), administrative law (D.N.Bakh-rakha, V.P. Novoselova) and etc.

Informational basis of work. The informational basis of the work is formed by the provisions of international legal acts on human rights, the legislation of the Soviet and post-Soviet periods in the field of social security for families with children, including the legislation of the constituent entities of the Russian Federation, as well as by-laws on the issue under study. In addition, the work analyzed scientific and educational literature, practice materials, statistical data.

The empirical basis of the study. The empirical basis of the study is made up of materials enforcement activities of the Ministry of Social Protection of the Population and territorial departments of social protection of the population of the Sverdlovsk Region, institutions of social services for families and children on issues of providing families with children benefits, state social assistance, social services and other social support measures, as well as the Department of the Pension Fund of the Russian Federation in the Sverdlovsk Region in terms of pensions for children, the Social Insurance Fund of the Russian Federation in the Sverdlovsk Region - in terms of benefits provided at the expense of social insurance funds. When writing the work, the author's personal experience was used, acquired with participation in the preparation of draft regulatory legal acts of the Sverdlovsk region (draft laws of the Sverdlovsk region " About monthly child support"," On the monthly allowance for the guardian (trustee) for the maintenance of the child "," On the provision in the Sverdlovsk region of state social assistance to low-income families, low-income citizens living alone, rehabilitated persons and persons recognized as victims of political repressions ", as well as draft resolutions of the Government of the Sverdlovsk region on the implementation of these and a number of other laws.

Scientific novelty of the dissertation. The study is the first in the science of social security law, a systematic consideration of the theoretical foundations of social security for families with children, normative legal acts regulating the social security of families with children, as well as (taking into account the special legal nature of the child) the social and legal status of citizens as subjects of legal relations in social security law in relation to motherhood and childhood.

The following provisions are submitted to the defense:

The history of the development of legislation on the social security of families with children testifies to its continuity, to its response to the demographic situation and the socio-economic situation in the country at certain stages of state development. At the same time, it is noted that in recent years the institution of state benefits to citizens with children has practically lost its socio-economic significance due to the insignificant amount of these benefits;

The necessity of making additions to the Federal Law "" is substantiated in terms of the appointment and payment of benefits for minor children during the search for their parents who evade paying alimony, as well as benefits for HIV-infected minors, which were provided for by legislation before January 1, 1994; The analysis of international documents related to the situation of families with children allowed us to highlight the fundamental principles that should be taken into account when deciding the issues of providing these families with social security. For the most part, Russian legislation governing the social security of families with children complies with them;

It is indicated that it is necessary to be reflected in the Federal Law “ Basic guarantees of the rights of the child in the Russian Federation"As one of the principles of state policy in the interests of children, such a fundamental principle enshrined in international law as" enjoyment of social security», Which will contribute to the realization of the right to healthy growth and development, special care and health protection of the child and mother, as well as the right of the child to adequate food and medical care;

The increasing importance in the existing demographic situation of social security for families with children as an integral part of the social security system that has developed in the Russian Federation has been substantiated;

The definition of the concept “ social security for families with children". This is a system of social relations that develop between citizens, on the one hand, and authorized state bodies, other legal entities - on the other hand, regarding the provision of cash payments and other types of security when they have certain life circumstances in connection with motherhood, the maintenance and upbringing of children, entailing increased costs, loss or decrease in income; Currently, the process of redistribution of powers between federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies is underway, due to which the structure of social security continues to be formed on the basis of the requirements of federal legislation, taking into account the specific regional features enshrined in the legislation of the subjects of the Russian Federation;

It is substantiated that the legal relations arising in the law of social security in connection with motherhood and childhood are characterized by a variety of subjects. The main ones among them are: persons with legal personality legal capacity, but not possessing legal capacity (children of the deceased breadwinner up to a certain age, with the onset of which the law connects the presence of legal capacity; minors who find themselves in a difficult life situation, etc.); a family that has legal capacity in cases specified by law (a poor family when providing state social assistance, a large family when providing certain measures of social support);

It is substantiated that the normative legal acts governing the pension provision of children, taking into account the special legal nature of the child as a subject of legal relations in the law of social security, should contribute to the best interests of the child, regardless of what law the child is entitled to a survivor's pension;

It is proved that the introduction into the structure of the Federal Law "" Chapter 2 "State social assistance provided in the form of providing citizens with a set of social services" violated the concept of the law on the targeted provision of state social assistance, which is based on comparing the average per capita family income with the subsistence level. It was more expedient to make appropriate amendments to the laws providing for measures of social support in the form of benefits for those categories of citizens who currently have the right to receive a set of social services;

A number of contradictions in the normative legal acts of the Russian Federation regulating the issues of social security for families with children have been identified, in connection with which appropriate proposals have been formulated to improve the current legislation.

Testing and implementation of research results. The dissertation was completed at the Department of Social Law, State and Municipal Service of the Ural State Law Academy and was discussed at the meetings of the department. The dissertation materials were used in conducting classes on social security law at the Ural State Law Academy and on the discipline " Social security of children in the Russian Federation"At the faculty of master's training of the Ural State Law Academy. The research materials are reflected in the author's speeches at the scientific-practical conference "Development strategy of the Russian Federation in the period of market reforms: legal and economic aspects" (April 2002, Yekaterinburg), at the International scientific-practical conference " Special education: state and development prospects"(March 2003, Yekaterinburg), at the methodological seminars held by the Ministry of Social Protection of the Population of the Sverdlovsk Region for specialists of the territorial bodies of social protection of the population. Based on the analysis of regional legislation during 2005. - In 2006, proposals were prepared for amending regional laws and individual decrees of the Government of the Sverdlovsk Region regulating the issues of social security for families with children.

The theoretical and practical significance of the dissertation. The main provisions and conclusions contained in the dissertation can be used in legislative work, in the law enforcement practice of executive authorities of the constituent entities of the Russian Federation, local government bodies. Certain provisions of the dissertation can be useful to employees of bodies of social protection of the population and institutions of social services for families and children.

The structure of the thesis. The structure of the thesis is determined by the purpose and objectives of the work, the specifics of the issues under consideration and the chosen research methodology. The dissertation consists of an introduction, two chapters, including 8 paragraphs, a conclusion, a list of references.

Conclusion of the thesis on the topic "Labor law; social security law", Sotnikova, Lilia Vasilievna

CONCLUSION

Based on the study of normative legal acts regulating the issues of social security for families with children, the following conclusions can be drawn:

2. Social security for families with children can be defined as a system of social relations that develop between citizens, on the one hand, and authorized state bodies, other legal entities, on the other hand, regarding the provision of cash payments and other types of security when citizens have certain life circumstances in connection with motherhood, the maintenance and upbringing of children, entailing increased costs, loss or decrease in income.

3. The structure of social security for families with children has changed significantly in the light of modern economic realities. First of all, this concerns the system of financing and management, which is caused by a fundamentally new approach of the legislator to the division of powers in the field of social protection, as well as social security between federal government bodies and government bodies of the constituent entities of the Russian Federation. The Russian Federation is currently the guarantor of cash payments to families with children in respect of pensions, compulsory social insurance benefits, and certain types of benefits for raising children. In addition, the jurisdiction of the Russian Federation includes a number of payments to families of military personnel with children. The provision of social services to families with children, its types, forms and amounts of payment for social services are almost fully regulated by the legislation of the constituent entities of the Russian Federation, without having legislative consolidation in the form of certain standards or guarantees at the federal level. The current situation does not exclude the possibility of a decrease in the level of social security of the population in certain constituent entities of the Russian Federation, primarily families with children, due to the restriction of the types of social services and social support measures that took place under the previous legislation.

4. For the legal relations arising in the law of social security in connection with motherhood and childhood, a variety of subjects is characteristic, among which the main ones can be distinguished: legal personality(mothers, fathers who are entitled to childcare benefits, etc.); persons with legal capacity, but not possessing legal capacity (children of the deceased breadwinner up to a certain age, with the onset of which the law connects the presence of legal capacity, minors who find themselves in a difficult life situation, etc.); a family that has legal capacity in cases specified by law (a low-income family when providing state social assistance, a large family when providing certain measures of social support).

5. Cash payments to families with children are assigned and paid primarily from public funds, most of the cost of social security falls on the share of federal extra-budgetary insurance funds. The introduction since 2007 at the level of the Russian Federation of a number of significant social payments in relation to the birth and upbringing of children, the provision of subsidies and subventions to the constituent entities of the Russian Federation for their implementation allows us to note that, in general, the existing system of benefits to citizens with children covers all cases when international documents postulate the need to pay benefits in connection with the birth and upbringing of a child (children) and, in general, complies with generally accepted norms of international law, including the ILO Conventions (No. 102 and No. 103), the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights child, the European Social Charter.

Based on the study of the theoretical framework, regulatory legal acts of the Russian Federation, and the constituent entities of the Russian Federation in the field of regulation of pensions, the provision of benefits and compensations to families with children, the provision of social services, state social assistance, social support measures, it seems necessary to amend and supplement the legislation regulating relations regarding the provision of certain types of social security to families with children in order to bring it in line with the Constitution of the Russian Federation and international regulations.

Proposals for improving the legislation regarding families with children are as follows:

With regard to social benefits and compensation payments to families with children:

1. At present, Article 8 of the Federal Law “ On state benefits to citizens with children»Maternity benefits to women dismissed in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers by private notaries and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, during the twelve months preceding the day they were recognized as unemployed in the prescribed manner, it is set at 300 rubles, while it is paid to insured persons in the amount of average monthly earnings. It is proposed to establish an allowance for this category of women in the amount of the minimum wage established by federal law, and in regions and localities in which regional coefficients to wages are applied in accordance with the established procedure, in the amount of the minimum wage, taking into account these coefficients.

2. Since January 1, 2007, at the federal level, a basic (minimum) amount of funds has been established, paid for the maintenance of one child under guardianship (guardianship) or in a foster family (in 2007 - 4000 rubles per month); at the same time, the monthly child allowance provided for in Article 16 of the Federal Law “ On state benefits to citizens with children”, Which is paid in the Russian Federation to a significant number of families, since 2005 has not had any standard, while there are currently subsidies from the federal budget. The amount of the allowance is set independently by the constituent entities of the Russian Federation and currently it ranges from 70 to 250 rubles. per month for one child. At the federal level, a minimum monthly child benefit should be established, which should be a guarantee of the unity of the economic space, proclaimed by part 1 of Article 8 of the Constitution of the Russian Federation.

3. International documents, among the various mechanisms for guaranteeing families of an adequate standard of living, indicate the duty of states to have “ family benefits regime”That should be reviewed regularly to keep up with inflation. In this regard, it is necessary to make an addition to the Federal Law " On state benefits to citizens with children»On the indexation of benefits provided for by this Law.

4. The law grants the right to a monthly childcare allowance to mothers or fathers, guardians who actually take care of the child and who are not subject to compulsory social insurance, who study full-time in educational institutions of primary vocational, secondary vocational and higher vocational education and institutions of postgraduate vocational education. However, there is no guarantee of parental leave, which is a prerequisite for the grant. Amendments should be made to Article 16 of the Federal Law "On Higher and Postgraduate Professional Education", providing, along with the granting of academic leave, parental leave. education ".

5. The legislation of a number of foreign European countries provides for the provision of maternity benefits not only to working women, but also to women who terminated employment for reasons recognized by society as respectful (not only in connection with the liquidation of the organization). It is proposed to amend the legislation and provide for the provision of maternity benefits to women who quit due to certain family circumstances.

6. Article 52.1 of the Law of the Russian Federation "On Education" provides from January 1, 2007 compensation for a part of the parental payment for the maintenance of a child in educational institutions implementing the basic general education program of preschool education. Compensation is provided for the purpose of material support for the upbringing of children attending state and municipal educational institutions. It would be possible to introduce such a norm if it is possible to provide visits to state and municipal educational institutions for everyone who needs it. The existing sequence for placing children in preschool institutions forces parents to look for a nanny, to arrange children in institutions of other forms of ownership. The article must be extended to all children attending preschool educational institutions. Persons wishing to place a child in a preschool state or municipal educational institution, but who do not have such an opportunity due to lack of places, should, according to the experience of foreign countries, provide for an allowance for caring for a child at home.

7. Amendments should be made to Article 28.1 of the Federal Law “ Social protection of disabled people in the Russian Federation»And to increase the monthly cash payment to children with disabilities to the amount of the monthly cash payment established for disabled persons with a degree III limited ability to work. Disabled children and people with disabilities with a III degree limited ability to work are recognized by regulatory legal acts as in need of outside care and, until January 1, 2005, enjoyed equal measures of social support.

8. It is necessary to amend Article 1 of the Federal Law “ On state social assistance", Giving the definition of a poor family and a poor living alone citizen, since the definition specified in the Law" On the subsistence level in the Russian Federation”Means receiving social support at the level of a constituent entity of the Russian Federation, not social assistance.

9. Legalized failure to provide documents on income and family composition, when determining the right to state social assistance, does not allow to assert that social assistance is provided only to low-income families and citizens. In this regard, an amendment should be made to the Law “ On state social assistance", Providing for documentary confirmation by citizens of their income.

With regard to retirement benefits minors required:

1. Provide by law for the payment of a social pension to the children of the deceased if they study full-time in educational institutions of all types and types, regardless of their organizational and legal form, until they graduate from an educational institution, but not longer than 23 years, as provided by legislation in relation to survivors' pensions.

2. To amend article 32 of the Law of the Russian Federation "On pension provision for persons who have served in the military service, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families ”, eliminating the restriction on the payment of pensions to children who are fully supported by the state.

3. To amend Article 3 of the Federal Law "" in terms of granting the right to the simultaneous receipt of two pensions (social pension and survivor's pension) for disabled children.

4. To amend Article 15 of the Federal Law “ On state pension provision in the Russian Federation»In terms of determining the size of the pension, taking into account the dependents, for disabled military personnel who have a 1st degree limitation of their ability to work and who are dependent on disabled family members. Unlike the Federal Law “ On labor pensions in the Russian Federation»To the disability pension of a conscript serviceman, which has 1 degree of restriction on the ability to work, an increase in the size of the pension for dependents (and this, as a rule, children) is not provided.

5.In legislative the procedure should provide for the possibility of recalculating the insurance part of the survivor's pension in the event of a change in the amount (decrease) disabled dependents in equal parts of the amount of the originally established amount of the insurance part of the pension.

6. Should be excluded from the Federal Law " On state pension provision in the Russian Federation»The norm that in the event of the death (death) of the breadwinner as a result of the commission of a crime, a social pension is assigned to disabled family members who are dependent on him. Depriving a child of the right to a survivor's pension, taking into account the parent's insurance savings, on the grounds that the parent has committed an intentional criminal act or intentional damage to his health, is a violation of the child's civil rights; similar provisions should be removed from other laws governing the provision of survivor's pension.

7. Establish the same conditions under all applicable laws for the provision of pensions in case of loss of breadwinner to stepchildren and stepdaughters.

List of dissertation research literature Candidate of Legal Sciences Sotnikova, Lilia Vasilievna, 2007

1. Normative legal acts, acts of international organizations, judicial practice

2. World Declaration on Ensuring the Survival, Protection and Development of Children and an Action Plan for its Implementation in the 90s of September 30, 1990, M., 1990.

3. Universal Declaration of Human Rights of December 10, 1948 // Human Rights. Collection of universal and regional international documents. / Compiled by JI.H. Shestakov M., 1990.S. 30-34.

4. International Covenant on Economic, Social and Cultural Rights of December 16, 1966 // Human Rights. Collection of universal and regional international documents. / Compiled by JI.H. Shestakov M., 1990.S. 38-42.

5. Convention on the Rights of the Child of November 20, 1989 // Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR. 1990. No. 45. Art. 955.

6. Declaration on the Rights of Persons with Disabilities of December 9, 1975 // USSR and international cooperation in the field of human rights. S. 478-480.

7. Declaration of social progress and development of December 11, 1969 // USSR and international cooperation in the field of human rights. S. 448-459.

8. World declaration on the survival, protection and development of children and a plan of action for its implementation in the 90s of September 30, 1990, M., 1990.

9. Universal Declaration of Human Rights. Adopted by the UN General Assembly on December 10, 1948 // International Acts on Human Rights. Collection of documents. M .: Publishing group NORMA - INFRA-M, 1999.

10. The Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993, M., 2000.

12. Convention MOT No. 102 “ On social security minimum standards"// ILO. Conventions and Recommendations. Geneva. 1990.S. 1055-1086.

13. ILO Convention No. 128 “ About benefits for disability, old age, loss of breadwinner"// ILO. Conventions and Recommendations. Volume 2.S. 1531.

14. European Social Charter of October 19, 1961 // Social Human Rights. Council of Europe documents and materials. 4.1. Moscow, 1996. 113-148.

15. Civil Code of the Russian Federation (part 1). // Collected Legislation of the Russian Federation. 1994. No. 32. Art. 3301.

16. Family Code of the Russian Federation // Collected Legislation of the Russian Federation. 1996. No. 1. Art. 16. (with amendments and additions).

17. Budget Code of the Russian Federation // Collected Legislation of the Russian Federation. 1998. No. 31. Art. 3823 (with amendments and additions).

18. On international treaties of the Russian Federation: Federal Law of July 15, 1995 // Collected Legislation of the Russian Federation. 1995. No. 29. Art. 2757.

19. On charitable activities and charitable organizations: Federal Law of August 11, 1995. // Collected Legislation of the Russian Federation. 1995. No. 33. Art. 3340 (with amendments and additions).

20. On state benefits to citizens with children: Federal Law of May 19, 1995 // Collected Legislation of the Russian Federation. 1995. No. 21. Art. 1929. (as amended and supplemented).

21. On the basics of social services for the population in the Russian Federation: Federal Law of December 10, 1995 // Collected Legislation of the Russian Federation. 1995. No. 50. Art. 4872 (with amendments and additions).

22. About the Government of the Russian Federation: Federal constitutional law of December 17, 1997 // Collected Legislation of the Russian Federation. 1997. No. 51. Art. 5712 (with amendments and additions).

23. On the procedure for calculating and increasing state pensions: Federal Law of July 21, 1997 // Collected Legislation of the Russian Federation. 1997. No. 30. Art. 3585.

24. On state social assistance: Federal Law of July 17, 1999 // Collected Legislation of the Russian Federation. 1999. No. 29. Art.3699. (With amendments and additions).

25. On the basic guarantees of the rights of the child in the Russian Federation: Federal Law of July 24, 1998 // Collected Legislation of the Russian Federation. 1998. No. 31. Art. 3 802 (with amendments and additions).

26. On the basics of the system for the prevention of neglect and juvenile delinquency: Federal Law of June 24, 1999 // Collected Legislation of the Russian Federation. 28.06.1999. No. 26. Art. 3177 (with amendments and additions).

27. On the principles and procedure for delimiting the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation: Federal Law of June 24, 1999 // Collected Legislation of the Russian Federation. 1999. No. 26. Art. 3176.

28. About the general principles of organization legislative(representative) and executive bodies of state power of the constituent entities of the Russian Federation: Federal Law of 06.10.1999 // Collected Legislation of the Russian Federation. 1999, No. 42. Art. 5005 (with amendments and additions).

29. On the basics of compulsory social insurance: Federal Law of July 16, 1999 // Collected Legislation of the Russian Federation. 1999. No. 29. Art. 3686 (with amendments and additions).

30. On the procedure for establishing the size of scholarships and social payments in the Russian Federation: Federal Law of August 7, 2000. // Collected Legislation of the Russian Federation. 2000. No. 33. Art.3348 (as amended and supplemented).

31. On state pension provision in the Russian Federation: Federal Law of December 15, 2001 // Collected Legislation of the Russian Federation. 2001. No. 51. Art. 4831.

32. On compulsory pension insurance in the Russian Federation: Federal Law of December 15, 2001 // Collected Legislation of the Russian Federation. 2001. No. 51. Art. 4832.

33. On the general principles of organizing local self-government in the Russian Federation: Federal Law of October 6, 2003 // Collected Legislation of the Russian Federation. 2003. No. 40. Art. 3822 (with amendments and additions).

34. List of socially significant diseases: Approved. Decree of the Government of the Russian Federation of December 01, 2004 // Collected Legislation of the Russian Federation. 2004. No. 49. Art. 4916.

35. On the federal budget for 2006: Federal Law of December 26, 2005 // Collected Legislation of the Russian Federation. 2005. No. 52 (part II). Art. 5602.

36. On additional measures of state support for families with children: Federal Law of December 29, 2006 // Rossiyskaya Gazeta. No. 297. 2006. December 31.

37. On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance: Federal Law of December 29, 2006 // Rossiyskaya Gazeta, No. 297.2006. 31th of December.

38. On the budget of the Social Insurance Fund of the Russian Federation for 2007: Federal Law of December 19, 2006 // Collected Legislation of the Russian Federation. 2006. No 52 (1 h.), Art. 5500.

39. On the federal budget for 2007: Federal Law of December 19, 2006 // Collected Legislation of the Russian Federation. 2006. No 52 (2 hours), Art. 5504.

40. On amendments to certain legislative acts of the Russian Federation in terms of state support for citizens with children: Federal Law of December 05, 2006 // Collected Legislation of the Russian Federation. 2006. No. 50, Art. 5285.

41. On measures for social support of large families: Decree of the President of the Russian Federation dated May 05, 1992 // Bulletin of the SND and the RF Armed Forces. 1992. No. 19. Art. 1044.

42. On additional measures to protect pregnant women and women with children under the age of three who were dismissed in connection with the liquidation of organizations: Decree of the President of the Russian Federation of November 5, 1992 // Vedomosti SND and the RF Armed Forces. 1992. No. 45. Art. 2609.

43. On improving the system of state social benefits and compensation payments to families with children, and increasing their size: Decree of the President of the Russian Federation of December 10, 1993 // Collection of acts of the President and the Government of the Russian Federation. 1993. No. 50. Art. 4864.

44. On the amount of compensation payments to non-working able-bodied persons caring for disabled citizens: Decree of the President of the Russian Federation of March 17, 1994 // Collection of acts of the President and the Government of the Russian Federation. 1994.

45. On the prevention of neglect and delinquency of minors, the protection of their rights: Decree of the President of the Russian Federation of September 6, 1993 // Collected Legislation of the Russian Federation. 1997. No. 33. Art. 3892.

46. On urgent measures to improve the status of women, protection of motherhood and childhood, strengthening the family: Resolution of the Supreme Soviet of the USSR of April 10, 1990 // Bulletin of the SND and the USSR Armed Forces. 1990. No. 16. Art. 269.

47. Regulations on the Pension Fund of the Russian Federation (Russia): approved. Decree of the RF Armed Forces of December 27, 1991 // Bulletin of the SND and the Armed Forces of the RSFSR. 1992. No. 5. Art. 180 (with amendments and additions).

48. On the reform of retail prices and social protection of the population of the RSFSR: Resolution of the Council of Ministers of the RSFSR of March 20, 1991 // In this form, the document was not published.

49. On the approval of model provisions on specialized institutions for minors in need of social rehabilitation: Resolution of the Government of the Russian Federation of November 27, 2000 // Collected Legislation of the Russian Federation. 2000. No. 49. Art. 4822.

50. Regulations on the procedure for the appointment and payment of state benefits to citizens with children: Approved. Decree of the Government of the Russian Federation of September 4, 1995 // Collected Legislation of the Russian Federation. 1995. No. 37. Art. 3628 (with amendments and additions).

51. On streamlining the free provision of baby food: Resolution of the Government of the Russian Federation of August 13, 1997 // Collected Legislation of the Russian Federation. 1997. No. 33. Art. 3892.

52. On individual payments to servicemen and members of their families: Resolution of the Government of the Russian Federation of July 14, 2000 // Collected Legislation of the Russian Federation. 2000. No. 30. Art. 3145.

53. About the Federal target program "Social support of disabled people for 2000-2005: approved. Decree of the Government of the Russian Federation of January 14, 2000 // Collected Legislation of the Russian Federation. 2000. No. 4. Art. 393.

54. Regulations on the military medical examination: approved. Decree of the Government of the Russian Federation of February 25, 2003 // Collected Legislation of the Russian Federation. 2003. No. 10. Art. 902, (with amendments and additions).

55. On the federal target program "Social support for disabled people for 2006 2010": Decree of the Government of the Russian Federation of December 29, 2005 // Collected Legislation of the Russian Federation. 2006. No. 2. Art. 199.

56. On the procedure and conditions for recognizing a person as a disabled person: Resolution of the Government of the Russian Federation of 20.02.2006 N 95 // Collected Legislation of the Russian Federation. 2006. N 9. Art. 1018.

57. The program of socio-economic development of the Russian Federation for the medium term (2006 2008): Approved. by order of the Government of the Russian Federation of January 19, 2006 // Collected Legislation of the Russian Federation. 30.01.2006. No. 5. Art. 589.

58. On the approval of the regulation on the appointment and payment of state benefits to citizens with children: Resolution of the Government of the Russian Federation of December 30, 2006 No. 865 // Collected Legislation of the Russian Federation. 2007. No. 1 (2 hours). Art. 313.

59. On state standards of social services for the population of the Saratov region: Decree of the Government of the Saratov region of December 29, 2004 // The document has not been published.

60. On the amount of social assistance in the Samara region: Resolution of the Governor of the Samara region of February 4, 2005 // Volzhskaya commune. 2005. No. 22.

61. On the establishment of the size of the subsistence minimum in the Khanty-Mansiysk Autonomous Okrug Yugra for the 2nd quarter of 2005: Resolution of the Government of the Khanty-Mansiysk Autonomous Okrug - Yugra dated May 13, 2005 // Yugra News. 2005. No. 56.

62. On the establishment of the size of the subsistence minimum for the third quarter of 2005: Resolution of the Government of the Tyumen region of June 27, 2005 // Collection of decrees, orders of the Governor of the region, the Government of the Tyumen region. 2005.

63. Azarova E. G., Polupanov M.JI. Social security for children in the USSR. M., 1979.

64. Azarova E.G., Kozlov A.V. Personality and social security in the USSR. M., 1983.

65. Azarova E.G. Benefits and benefits for citizens with children. M., 1997.

66. V. I. Abramov. Legal policy of modern Russia in the field of child rights // Modern law. 2004. N11.

67. Alekseev S. S. General theory of law. T I. M., 1981. S. 98.

68. Alekseev S. S. Law: the ABC theory - philosophy: The experience of a comprehensive study. M., 1999.

69. Andreev VS Law of social security in the USSR: Textbook. M., 1974.

70. Andreev VS Legal relations on state social insurance in the USSR. M., 1962.

71. Anikeeva L. V., Echenike E. V. Problems of the implementation of the pension reform program. // Pension. 1999. No. 7.

72. Anthology of social work. .T.l. M., 1994.

73. Arkhipov S.I. Subject of law. St. Petersburg., 2004.

74. Astrakhan EI Development of legislation on pensions for workers and employees. M., 1971.

75. Acharkan V. A. State pensions. M., 1967.

76. Blagodir A.JI. Legal regulation of social services for citizens. Kirov, 2003.

77. Batygin KS Legal principles of social insurance in the USSR // Problems of labor law and social security law. M., 1975.

78. Batygin K.S., Galaganov V.P. Social security benefits. M., 1996.

79. Bahrakh DN Administrative law. Textbook for universities. M., 2007.

80. Bakhrakh DN, Khazanov SD State administration, its bodies and employees. Yekaterinburg, 1998.

81. Butko O. The. The legal status of a child in the Russian Federation. Tutorial. Krasnodar, 2002.

82. Buyanova MO Social services for Russian citizens in a market economy. Monograph. M., 2002.

83. Buyanova M.O., Kobzeva S.I., Kondratyeva Z.A. Social Security Law. Tutorial. M., 2006.

84. Vasiliev A. M. Legal categories. M., 1976.

85. Voronin Yu. V. The right to choose a pension: topical problems enforcement and judicial practice // Pension. 2001. No. 1.

86. V.P. Galaganov Russian social security: problems and development prospects. // State and Law. M., 1992. No. 12.

87. Glossary of Social Security Law / Comp. Shaikhatdinov V. Sh., Garipov R.S. Yekaterinburg, 2001.

88. Gordon. L.A. Socio-economic human rights: content, features, significance for Russia // Social sciences and modernity. 1997. No. 3.

89. State pensions and benefits: a practical guide for employees of social security agencies. M., 1963.

90. Gusov K.N. Social Security Law. Textbook. M., 2005.

91. Report of the Ministry of Education and Science of the Russian Federation "On the situation of children left without parental care". M., 2005.

92. Zhevakin. S. N. Departmental regulations of the Russian Federation: a brief analytical review. // State and law. 1996. No. 11.

93. Legislative regulation of the protection of children's rights: Educational and scientific publication in 4 parts. / Otv. ed. E. D. Volokhova, V.F. Vorobiev, A.V. Zaryaev. Voronezh, 2000.

94. Zakharov M.JL, Tuchkova E.G. Social Security Law. M., 2001.

95. Zakharov M.L., Tuchkova E.G. Social Security Law of Russia. Textbook. M., 2004.

96. Ivankina T.V. Problems of legal regulation of the distribution of public consumption funds. M., 1979.

97. Ivankina T.V., Chernysheva E.F. State aid to families with children.M., 1985.

98. Ivanova R.I. Legal relations on social security in the USSR. M., 1986.

99. Information and analytical materials of the Ministry of Internal Affairs of the Russian Federation "On the practice of applying the Federal Law" On the foundations of the system for the prevention of neglect and juvenile delinquency "// State Duma of the Federal Assembly of the Russian Federation. 2005.

100. Kozlov A.V. Social security in the USSR. Moscow, 1981.

101. Korolev Yu. A. Family as a subject of law // Journal of Russian law. 2000. No. 10.

102. Kravchenko E.V. Legal regulation of the provision of benefits to families with children in the European countries of the CMEA members. Abstract of the thesis. dis. Cand. jurid. sciences. M., 1986.

103. Lebedeva L.F. USA: State and Social Security. M.

104. Letova N.V. Adoption in the Russian Federation: Legal Problems. M., 2006.

105. Makarov VS State benefits for mothers with many children and single mothers. M., 1963.

106. Maksimovich LB Maternity and paternity: evolution of legal regulation. Family law of Russia: development problems. M., 1996.

107. Machulskaya EE Social security law. Development prospects. M., 2000.

108. Machulskaya E. E., Gorbacheva Zh. A. Social security law. Textbook for universities. 3rd ed., Rev. and add. M., 2000.

109. Machulskaya E.E. The right to social security is a natural and inalienable human right. // Bulletin of Moscow University. Series 11. Right. 1998. No. 5.

110. Meshle N.A. Woman and children. Legal reference book. M., 1998.

111. Nechaeva A.M. Protection of orphans in Russia. M., 1994.

112. Nechaeva A.M. Russia and her children (child, law, state). M., 2000.

113. Nechaeva A.M. Family Law: A Course of Lectures. M., 2002.

114. Nikonov G.A. A.V. Stremoukhov Social Security Law. Textbook for universities. M., 2005.

115. Poverty, children and social policy: the path to a brighter future. Regional Monitoring Report No. 3, Study on the Situation in Countries in Transition. United Nations Children's Fund. 1995.

116. Fundamentals of legislation on social security benefits. M., 1984.

117. Ozhegov SI and Shvedova N. Yu. Explanatory dictionary of the Russian language / RAS. -M., 1994.

118. One for all and all for one. Germany's social security system. Bonn, 1995.

119. V. N. Osin. Monthly benefits. Abstract of the thesis. Candidate dissertation jurid. sciences. M., 1982.

120. Osokina G. L. Concept, types and grounds of legal representation // Ross, justice. 1998. No. 1.

121. About the situation of children in the Russian Federation. State report. M., 2006.

122. Protection of mothers and children in the USSR. Collection of Normative Acts, Moscow, 1986.

123. Panov A.M. Social services for the population and social work abroad. M., 1994.

124. Legal protection of families raising children with disabilities. Sat. normative acts. // Comp. O.V. Pavlenko, D.A. Tubolev, L.K. Grachev. M., 1996.

125. Problems of family and childhood in modern Russia. M., 1992.

126. The right to social security. Tutorial. / Ed. K.N. Gusov. M., 1999.

127. Pronina LI Improving the efficiency of social security. M., 1990.

128. Development of social insurance in Russia. The role of the Social Insurance Fund in the social protection of citizens. M., 2001.

129. Rzhanitsina LS Problems of the formation of a system of state targeted assistance to low-income families // Family in Russia. 1998. No. 2.

130. Salikova N.M. The role of social security law in the implementation of the demographic policy of the Russian Federation // Avtoref. Candidate dissertation jurid. sciences. Yekaterinburg, 1992.

131. Collection of normative acts and instructional and methodological materials on the provision of benefits. M., 1986.

132. Sedelnikova MG Legal regulation of pension insurance in the Russian Federation: author. dis. Cand. jurid. sciences. Perm, 2000.

133. Family benefits: international norms and foreign experience. Study guide. M., 2002.

134. The social security system in the Federal Republic of Germany. M., 1993.

135. Smirnova N.L. Temporary disability benefits as a type of insurance coverage for social security law in modern Russia Avtoref. Candidate dissertation jurid. sciences. Vladivostok, 2002.

136. Soviet pension law: Textbook / Ed. M. JI. Zakharova. M.1974.

137. Soviet social security law / Dobrokhotova E.M., Filippova M.V., Yanturaeva M.A. SPb., 1992.

138. Soviet encyclopedic dictionary. M., 1990.

139. Social protection of the population in the region. Tutorial. Yekaterinburg, 1999.

140. Social policy of Sweden. M., 1999.

141. Social insurance and social protection. Report by the Director General (4.1), Office, Geneva. 1993.

142. Social assistance to families and children. M., 1994. Issue. 1.2.

143. Social security in the USSR. Collection of normative acts. M., 1986;

144. Social security in the Nordic countries. M., 1994.

145. Syrovatskaya JI. A. Labor law. Textbook. 2nd ed., Rev. and add. M., 1998.

146. Subbotenko VK Procedural relations in social security. Tomsk, 1980.

147. G.V. Suleimanova. Social Security Law. Rostov-on-Don, 2003.

148. Theory of state and law. Course of lectures / Ed. M.N. Marchenko. M., 1998.

149. Theory of state and law. Textbook for law schools and faculties. Ed. V. M. Korelsky and V. D. Perevalov. M., 1997.

150. Tikhomirov. Yu. A. Collision law: educational and scientific-practical manual. M., 2000.

151. Fedorova M. Yu. Social insurance as an organizational and legal form of social protection of the population: problems of legal regulation. Monograph. Omsk, 2000.

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Sotnikova Lilia Vasilievna. Social security of families with children in the Russian Federation: legal issues: dissertation ... candidate of legal sciences: 12.00.05. - Yekaterinburg, 2007 .-- 227 p. RSL OD, 61: 07-12 / 1003

Introduction

CHAPTER 1. Theoretical foundations of social security for families with children in the Russian Federation 13

1. The historical aspect of the development of legislation on social security in connection with maternity and childhood 13

2. The concept of social security for families with children, its place in the social security system of the Russian Federation and structure 28

3. Features of sources of law regulating social security of families with children 49

4. Citizens as subjects of legal relations in social security in connection with motherhood and childhood 86

CHAPTER 2. Legal regulation of certain types of social security for families with children 99

1. Pension provision for families with children 99

2 Benefits and other social benefits in connection with motherhood and childhood 120

3. State social assistance to low-income families with children 159

4. Social services for families with children in the system of state social services 174

Conclusion 192

References 200

Introduction to work

Relevance of the research topic. International normative legal acts enshrine the right of a family to provide it with the widest possible protection and assistance, mainly in its education, and while its responsibility lies with taking care of minor children and their upbringing, the right to special protection of mothers for a reasonable period before and after childbirth. ... Among the priority tasks for the entire world community, as noted in the International Covenant on Economic, Social and Cultural Rights, is “protecting the family from poverty and deprivation, from negative impacts, changes associated with the economy; improving the situation of single-parent families, families with one breadwinner "1. The social policy of the Russian state in relation to families with children is determined by the Constitution of the Russian Federation. Article 38 of the Constitution indicates that motherhood and childhood, the family are under the protection of the state. State family policy, being an important area of modern social policy, is a set of targeted measures implemented at the federal and regional levels in relation to the institution of the family. The Federal Law of July 24, 1998 "On Basic Guarantees of the Rights of the Child in the Russian Federation" emphasizes that state policy in the interests of children is a priority, one of its principles is family support in order to ensure the full upbringing of children, protect their rights, prepare them for a full life in society.

1 Human rights. Collection of universal and regional international documents. / Compiled by L.N. Shestakov M., 1990.S. 38-42. : SZ RF. 1998. No. 31. Art. 3802.

depopulation process, having one of the highest rates of natural population decline in the world. In 1993-2005, the population of the Russian Federation decreased by 5.8 million people. or 4%. The present time is characterized by a low birth rate, a massive spread of one-child families, and a deterioration in the reproductive health of the population. To ensure the reproduction of the population and replacement of generations, the total fertility rate (the average number of children born to a woman of reproductive age) should be 2.14. In the Russian Federation in 2005 this figure was only 1.29.

The 2006 State Report “On the Situation of Children in the Russian Federation” 1 indicates that the number of children under the age of 18 was 29.1 million as of January 1, 2005, which is one fifth of the population of Russia. In 2001-2004, the number of children decreased by 4.4 million. This decline is due to the low birth rate simultaneously with the coming of age adolescents born in the mid-1980s, when the birth rate in the country was the highest in the last 40 years.

The issues of supporting motherhood, fatherhood and childhood, strengthening the family as one of the directions for solving the demographic problem were outlined by the President of the Russian Federation in his 2006 Address to the Federal Assembly. The proposed program contains a whole range of measures aimed at state support for families with children. Since January 2007, normative legal acts have come into force, providing for a significant increase in the childcare allowance, the cost of birth certificates, and compensation for the costs of preschool education. In order to ensure the priority of placing children without parental care into a family, a one-time allowance has been established for the transfer of a child to a family for upbringing, a mini-

1 On the situation of children in the Russian Federation. State report. M, 2006.

2 Message from the President of Russia Vladimir Putin to the Federal Assembly of the Russian Federation // Ros. gas. May 11, 2006
№97.

the minimum standard for the maintenance of children in families of guardians (trustees), foster parents, as well as for the remuneration of foster parents. As an additional measure of state support for families with children, the provision of basic maternity (family) capital has been introduced.

Pensions, allowances and compensation payments to families with children are the most important institutions in the social security system. Social services for families and children are developing more and more, their forms are being improved, new types of institutions have appeared that provide social services. Institutions of social services for families and children are actively working to solve the problems of child neglect, prevention of juvenile delinquency, "social orphanhood", providing appropriate services; an essential role in relation to social security of families with children is the institution of state social assistance.

At the same time, federal legislation regulating social security issues is more focused on the elderly, which is a consequence of the long-term priority social security policy aimed at supporting the older generation. Moreover, the federal legislator provided for the obligatory continuity of norms when transferring certain powers in the field of social security to the constituent entities of the Russian Federation, and as a result, this trend is also observed in the lawmaking of the regions. In addition, the regulations governing the provision of social security to families with children have been disunited, and there is a plurality of bodies and sources of social security provision. The unresolvedness of these and other questions predetermined the choice of the research topic.

The state of scientific elaboration of the topic. Certain issues of the topic were analyzed in the works of E. G. Azarova 1, K.S. Batygina 2,

1 See E.G. Azarova. Benefits and benefits for citizens with children. M., 1997. 2 See Batygin KS, Galaganov VP. Benefits for social security. M., 1996.

i 0 1 L

A. L. Blagodir, V. P. Galaganova, R. I. Ivanova, Yu. A. Koroleva,

A.M. Nechaeva 5, M.I. Polupanova 6, G.I. Potsheba, 7 L.S.Rzhanitsina 8, V.K. Subbotenko 9, E.V. Sosnovaya. 10, E.P. Frolova and other authors, but they were all based on the legislation in force earlier. Comprehensive studies on this topic are currently lacking.

Target and research objectives. The purpose of this dissertation is a systematic scientific analysis of the legislation of the Russian Federation and the constituent entities of the Russian Federation that regulates the provision of pensions, certain types of benefits, social services, state social assistance to families with children, as well as the development on this basis of proposals aimed at improving legislation in the sphere of social security for families and children. Achieving this goal involves solving the following tasks:

consideration of the history of the development of legislation on the social security of families with children in the Russian Federation;

study of the concept of social security for families with children, determination of its place in the social security system of the Russian Federation and its structure;

disclosure of the features of the sources of law governing the provision of certain types of social security to families with children at the level of the Russian Federation and the constituent entities of the Russian Federation;

Revealing the peculiarities of the legal status of citizens, as subjects of legal relations arising from the provision of pensions,

See Blagodir A.L. Legal regulation of social services for citizens. Kirov, 2003.

2 See: K.S. Batygin, V.P. Galaganov. Social security benefits. M., 1996.

3 See: R.I. Ivanova. Social security relationship. M., 1 986.

4 See: Korolev Yu. A Family as a subject of law // Journal of Russian law. 2000. No. 10.

5 see: A.M. Nechaeva. Protection of orphans in Russia. M., 1994.

6 See: Azarova E, G., Polupanov M.I. Social security for children in the USSR. M., 1979.

7 See: E.P. Frolova, Potsheba. G.I. State aid to mothers and children. M, Finance and Statistics.
1989.

See: Rzhanitsina L.S.Problems of forming a system of state targeted assistance to low-income families // Family in Russia. 1998. No. 2.

See: V.K. Subbotenko. Procedural legal relations in social security. Tomsk, 1980.0 See: E.V. Sosnova. Family Benefits: International Norms and Foreign Experience. Study guide. M., 2002.

benefits, social assistance and social services for families with children;

Research of legal issues of pensions for families with children, providing them with benefits and other social benefits, providing them with social services;

Object and subject of research. The object of the research is the social security of families with children in the Russian Federation, the subject is international, Russian legislative and by-laws, as well as regulatory legal acts of the constituent entities of the Russian Federation in the field of social security of families with children, the provisions of legal science on this issue.

Methodological basis and research methods. The thesis is based on the methods of empirical and theoretical research, traditional dialectical and formal logic.

Theoretical basis of the dissertation. In carrying out this study, the works of domestic scientists on the theory of state and law (SS Alekseev, VD Perevalov) were used as a scientific and theoretical basis; on constitutional law (M. I. Kukushkina, A. N. Kokotov, S. E. Nesmeyanova, A. N. Sagindykova, M. S. Salikova); on labor law and social security law (E.G. Azarova, K.S. Batygina, L.Yu.Bugrov, M.O.Buyanova, M.L. Zakharova, R.I. Ivanova, T.V. Ivankina, S.Yu. Golovina, K.N. Gusov, M.V. Lushnikova, E.E. Machulskaya, M.V. Molodtsova, S.V. Naimushin, N.M. Salikova, E.G. Tuchkova, M.V. Fedorova, V.Sh. Shaikhatdinova), in the field of family law (N.V. Letova, G.L. Osokina, AM Nechaeva), administrative law (D.N.Bakh-rakha, V.P. Novoselova) and etc.

Informational basis of work. The informational basis of the work is formed by the provisions of international legal acts on human rights,

legislation of the Soviet and post-Soviet periods in the field of social security for families with children, including the legislation of the constituent entities of the Russian Federation, as well as by-laws on the issue under study. In addition, the work analyzed scientific and educational literature, practice materials, statistical data.

The empirical basis of the study. The empirical basis of the study is the materials of the law enforcement activities of the Ministry of Social Protection of the Population and territorial departments of social protection of the population of the Sverdlovsk Region, institutions of social services for families and children on the provision of benefits to families with children, state social assistance, social services and other measures of social support, as well as the Pension Department. Fund of the Russian Federation in the Sverdlovsk region in terms of pensions for children, the Department of the social insurance fund of the Russian Federation in the Sverdlovsk region - in terms of benefits provided at the expense of social insurance funds. When writing the work, the author's personal experience was used, acquired with participation in the preparation of draft regulatory legal acts of the Sverdlovsk region (draft laws of the Sverdlovsk region "On monthly child support" the area of state social assistance to low-income families, low-income citizens living alone, rehabilitated persons and persons recognized as victims of political repression ”, as well as draft resolutions of the Government of the Sverdlovsk Region on the implementation of these and a number of other laws.

Scientific novelty of the dissertation. The study is the first in the science of social security law to systematically consider the theoretical foundations of social security for families with children, normative legal acts regulating the social security of families with children, as well as (taking into account the special legal nature of the child) the social and legal status of citizens as subjects of legal relations in social security law

care in connection with motherhood and childhood.

The following provisions are submitted to the defense:

the history of the development of legislation on the social security of families with children testifies to its continuity, to its response to the demographic situation and the socio-economic situation in the country at certain stages of state development. At the same time, it is noted that in recent years the institution of state benefits to citizens with children has practically lost its socio-economic significance due to the insignificant amount of these benefits;

substantiated the need for amendments to the Federal Law "On State Benefits to Citizens with Children", in terms of the appointment and payment of benefits for minor children during the search for their parents who evade paying alimony, as well as benefits for HIV-infected minors, which were provided for by law before January 1, 1994;

The analysis of international documents related to the situation of families with children allowed us to highlight the fundamental principles that should be taken into account when deciding the issues of providing these families with social security. For the most part, Russian legislation governing the social security of families with children complies with them;

indicates the need to reflect in the Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" as one of the principles of state policy in the interests of children, such a fundamental principle enshrined in international law as "enjoyment of the benefits of social security", which will contribute to the realization of the right to healthy growth and development, special child and maternal care and health, and the child's right to adequate nutrition and health care;

substantiated the increasing importance in the conditions of the existing demographic situation of social security for families with children, as a co-

a fixed part of the social security system that has developed in the Russian Federation;

the definition of the concept of "social security of families with children" has been formulated. This is a system of social relations that develop between citizens, on the one hand, and the authorized bodies of the state, other legal entities, on the other, regarding the provision of cash payments and other types of support when they have certain life circumstances in connection with motherhood, maintenance and upbringing of children. that entail increased expenses, loss or decrease in income;

Currently, the process of redistribution of powers between federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies is underway, due to which the structure of social security continues to be formed on the basis of the requirements of federal legislation, taking into account the specific regional features enshrined in the legislation of the subjects of the Russian Federation;

substantiates that the legal relations arising in the law of social security in connection with motherhood and childhood are characterized by a variety of subjects. The main ones among them are: persons with legal personality (mothers, fathers who are entitled to childcare benefits, etc.); persons with legal capacity, but not having legal capacity (children of the deceased breadwinner up to a certain age, with the onset of which the law connects the presence of legal capacity; minors who find themselves in a difficult life situation, etc.); a family that has legal capacity in cases specified by law (a poor family when providing state social assistance, a large family when providing certain measures of social support);

It is substantiated that the normative legal acts regulating

II issues of pensions for children, taking into account the special legal nature of the child as a subject of legal relations in social security law, should contribute to the best interests of the child, regardless of what law the child is entitled to a survivor's pension;

It is proved that the introduction into the structure of the Federal Law "On State Social Assistance" Chapter 2 "State social assistance provided in the form of providing citizens with a set of social services" violated the concept of the law on the targeted provision of state social assistance, which is based on comparing the average per capita family income with the subsistence level. minimum. It was more expedient to make appropriate amendments to the laws providing for measures of social support in the form of benefits for those categories of citizens who currently have the right to receive a set of social services; a number of contradictions were revealed in the regulatory legal acts of the Russian Federation regulating the issues of social security for families with children, in connection with which appropriate proposals were formulated to improve the current legislation.

Testing and implementation of research results. The dissertation was completed at the Department of Social Law, State and Municipal Service of the Ural State Law Academy and was discussed at the meetings of the department. The materials of the dissertation were used in conducting classes on social security law at the Ural State Law Academy and on the discipline "Social security of children in the Russian Federation" at the Faculty of Master's training at the Ural State Law Academy. The research materials are reflected in the author's speeches at the scientific-practical conference "Development strategy of the Russian Federation during the period of market reforms: legal and economic aspects" (April 2002, Yekaterinburg), at the International scientific-practical conference "Special education: state and development prospects" (March 2003

Yekaterinburg), at methodological seminars held by the Ministry of Social Protection of the Population of the Sverdlovsk Region for specialists of territorial bodies of social protection of the population. Based on the analysis of regional legislation during 2005. - In 2006, proposals were prepared for amending regional laws and individual decrees of the Government of the Sverdlovsk Region regulating the issues of social security for families with children.

The theoretical and practical significance of the dissertation. The main provisions and conclusions contained in the dissertation can be used in lawmaking work, in the law enforcement practice of executive authorities of the constituent entities of the Russian Federation, local government bodies. Certain provisions of the dissertation can be useful to employees of bodies of social protection of the population and institutions of social services for families and children.

The structure of the thesis. The structure of the thesis is determined by the purpose and objectives of the work, the specifics of the issues under consideration and the chosen research methodology. The dissertation consists of an introduction, two chapters, including 8 paragraphs, a conclusion, a list of references.

The historical aspect of the development of social security legislation in connection with motherhood and childhood

Social security law as an independent branch of law was formed in the second half of the XX century. However, if we turn to an earlier historical period, it becomes obvious that the young Republic of Soviets, having abolished the societies, Committees and institutions of tsarist Russia for helping those in need, immediately began to form a new system of state charity.

“On December 12, the People's Commissar of the Department of State Charity abolished: 1) the Council of Orphanages of the Department of Institutions of the Empress Mary, 2) the Standing Committee of the Council, 3) the Economic Committee, 4) the Committee for Collecting Donations and 5) the Committee for Raising Funds for the Arrangement of the Invalid children in summer sanatoriums ”.

By a decree of the Ministry of State Charity on January 12, 1918, the All-Russian Guardianship for the Protection of Motherhood and Infancy was abolished. "All cases, accounts, property and balances of funds received by the guardianship from various sources" were transferred to the collegium, organized under the Ministry of State Charity Office for the protection of mothers and babies. In 1918, under the People's Commissariat of State Charity, the Department of Charity of Minors was established, under the jurisdiction of which all correctional and educational shelters, colonies and institutions were transferred. On October 1918, the "Regulations on the social security of workers" was issued, which outlined the transition from social insurance to social security for "all members of the working commune, whose source of livelihood is their own labor." According to the Regulations, all persons, without exception, whose source of livelihood is only their own labor, were subject to security. Able-bodied members of the family of workers, leading the household, were subject to insurance on a general basis at the expense of the head of the family. According to the Regulation, until the introduction of public education of children, the provision of family members of workers was in charge of the social security authorities on the basis of special regulations. Social security funds were made up of contributions from private enterprises, institutions and individual employers; contributions from nationalized and state-owned enterprises and institutions; income from property and capital of social security institutions. All funds received for social security constituted a single All-Russian Fund for Social Security, which was under the jurisdiction of the department of social security and labor protection of the People's Commissariat of Labor.

As part of social security, benefits were given to pregnant women and women in labor: pregnant women engaged in physical labor for 8 weeks, others - 6 weeks before childbirth; - to women in labor who are engaged in manual labor, within 8 weeks, other - 6 weeks from the date of birth. During the same period, it was ordered to issue benefits for pregnancy and childbirth. Large sums of money were spent on the issuance of various types of benefits. The provision rates fully corresponded to the slogan of that time - "all according to your needs."

The social security system launched unprecedented work on the protection of mothers and babies in the period before 1920, which required the reconstruction of all old orphanages, the authority of which among the broad masses was extremely low. The business of providing for orphaned and homeless children is being built on new principles, new forms of institutions have appeared. Homes for mothers and children, nurseries, kindergartens, and children's communes for teenagers appeared. By 1920, the number of children's institutions of all kinds had reached 1,724, with 124,627 children supported by the state.

During this period, the natural form of security was of particular importance, since there was a devaluation of money, alienation by the state of surplus agricultural products from peasants, and the elimination of private trade. According to the norms established by the government, the provided were given out manufactures, shoes, clothes, linen, bread, sugar, fodder, etc.

I. Ksenofontov in the book "The State and Development of Social Security in the RSFSR" 1 provides data on the funds allocated for the needs of social security. Thus, in 1918, 8.4 million rubles were allocated for the provision of motherhood and infancy, 30.8 million rubles were allocated for the maintenance of children's institutions, and 384.2 million rubles in 1919. and 859.1 million rubles. respectively.

In this form, social security existed until the transition of Soviet Russia to the New Economic Policy, until the Council of People's Commissars issued a decree on November 15, 1921 "On social insurance of persons employed in hired labor", which restored the social insurance system. Decree of January 21, 1921 "On the social security of workers, employees and members of their families"

The concept of social security for families with children, its place in the social security system of the Russian Federation and structure

The provision proclaimed in the Constitution of the Russian Federation (1993) that our country is a social state means that it should focus on the establishment and development of social law in order to achieve the well-being of society, ensure a decent life and free development of a person, regardless of the developing political and socio-economic situation in the country.

Article 7 of the Constitution, among the social guarantees for citizens, names: state support for family, motherhood, fatherhood and childhood, as well as the development of the system of social services, the establishment of state pensions, the establishment of state benefits, the establishment of other guarantees of social protection, which can also be attributed to families with minor children ...

The role of the welfare state is state assistance to the social and legal protection of each person, the provision of social support measures to certain subjects.

In the Russian Federation, at the present stage, a new system of state social security is being formed, the right to which is enshrined in Article 39 of the Constitution of the Russian Federation. It, like other human rights and freedoms, is inalienable and belongs to him from birth. 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. Thus, the Basic Law of the Russian Federation refers to specific types of provided social security.

The Program of State Guarantees for the Provision of Free Medical Care to Citizens of the Russian Federation for 2006, approved by the RF Government Decree of July 28, 2005, states that “social security in case of illness is expressed in the provision of free medical care to a minor within the framework of the basic compulsory medical insurance program” 1. Free drug provision has been established for certain categories of children (children of the first 3 years of life, children from large families under the age of 6, etc.), payment for sick leave for child care, etc.

Social security in the event of a child's disability is the appointment of a state social pension, free drug provision, social services by stationary and non-stationary social service institutions, free provision of rehabilitation funds provided for by the child's individual rehabilitation program.

When establishing a survivor's pension for a minor, the state partially compensates for the costs of his maintenance, the source of which was lost in connection with the death of one of the parents, both parents or other persons named in the law, who provided the child with maintenance.

Social security for upbringing, which is called the Constitution of the Russian Federation (Article 39) as one of the types of social security, in the author's opinion, is primarily assumed in the case when, due to the onset of certain circumstances that entailed the loss of parental upbringing by the child and content, the child acquires the status of being left without parental care. Article 121 of the Family Code of the Russian Federation refers to children left without parental care in the event of the death of their parents, deprivation of their parental rights, restriction of their parental rights, recognition of parents as incapacitated, illness of parents, long absence of parents, if parents refuse to take their children from educational institutions, medical institutions, institutions of social protection of the population.

Prior to January 1, 2005, federal legislation contained the norm on the extension of the norms of material support and benefits established for inmates of institutions for orphans and children left without parental care for children transferred under guardianship (guardianship) to families of citizens, to foster families. At present, Article 150 of the Family Code of the Russian Federation establishes that a guardian (curator) is paid monthly monetary funds for the maintenance of a child in the manner and amount established by the laws of a constituent entity of the Russian Federation. A similar norm is enshrined in article 155 of the Family Code of the Russian Federation in relation to children transferred to foster families.

In addition, this type of social security can include the provision of benefits, compensations and other measures of social support established by law for families with children.

When disclosing the concept of "social security", it is necessary to proceed from the fact that this multifaceted phenomenon is a complex of socio-economic and legal measures that guarantee social protection of citizens. In science, a different concept of social security is given.

Social security can be defined as a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social situation of citizens, and in cases provided for by the legislation of the Russian Federation, other categories of individuals, due to circumstances recognized state socially significant

Pension provision for families with children

The assignment of a survivor's pension to families with children is provided for by federal laws of December 17, 2001, No. 173-FZ "On labor pensions in the Russian Federation" 1, of December 15, 2001 No. 166-FZ "On state pensions in the Russian Federation. -deration "and the laws of the Russian Federation of February 12, 1993 No. 4468-1" On the pension provision of persons who served in the military, service in the internal affairs bodies, the state fire service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of criminal - the executive system and their families "3 and dated May 15, 1991, No. 1244-1" On social protection of citizens exposed to radiation as a result of the Chernobyl disaster "

If we follow the definition of the concept of "labor pension" and the concept of "state pension provision" given in the relevant laws, then the survivor's pension can be defined as a monthly cash payment that is presented to the family members of a deceased citizen in the presence of conditions stipulated by law for the purposes of compensation for income lost in case of loss of the breadwinner, made from the Pension Fund or the federal budget.

The right to a survivor's pension in accordance with the Law of the Russian Federation "On Labor Pensions in the Russian Federation" is provided for by Article 9 disabled family members of citizens of the Russian Federation, insured in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation". Labor pension in the event of the loss of a breadwinner is established regardless of the length of the breadwinner's insurance period, as well as the cause and time of his death, except for cases where there is no insurance period (at least one day), and also if death occurred as a result of his intentional a criminally punishable act or deliberate damage to one's health and this is established in court.

As a general rule, disabled family members of the deceased breadwinner, who were dependent on him, have the right to a labor pension in the event of the loss of the breadwinner. The dependence of the children of deceased parents is assumed and does not require proof, with the exception of the indicated children who have been declared fully capable in accordance with the legislation of the Russian Federation or have reached the age of 18 years. The Civil Code of the Russian Federation provides that civil capacity arises upon reaching the age of 18, with the exception of the case of marriage before reaching the age of 18, when a citizen acquires it in full from the time of marriage.

Disabled family members of a deceased breadwinner are children (including adopted children) of a deceased breadwinner who have not reached the age of 18, or older than this age, if they study full-time in educational institutions (with the exception of additional education) before they finish such training, but not longer than 23 years of age or older than this age if they become disabled before reaching 18 years of age.

Provided that the brothers, sisters and grandchildren of the deceased breadwinner do not have able-bodied parents, were dependent on the deceased, they are also among the disabled family members of the deceased, subject to the age conditions specified in relation to the children of the deceased.

The law also includes one of the parents or spouse, grandfather, grandmother, regardless of age and ability to work, as well as the brother or sister of the deceased breadwinner or his child who has reached the age of 18, as disabled persons entitled to a survivor's pension, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14. A prerequisite in this case is that these persons do not work. For persons caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, the fact of dependents is not required.

The Law "On State Pension Provision in the Russian Federation" provides for the appointment of this type of pensions only to family members of citizens who served on conscription as soldiers, sergeants and foremen, as well as to family members of citizens affected by radiation or man-made disasters. Disabled persons from among citizens of the Russian Federation or foreign citizens and stateless persons who permanently resided in the territory of the Russian Federation have the right to a pension in the event of the loss of a breadwinner, subject to the conditions provided for in Article 8 - in relation to family members of military personnel and Article 10 - in relation to members families of citizens affected by radiation or man-made disasters.

Benefits and other social benefits in connection with motherhood and childhood

The current system of state benefits in connection with motherhood and childhood, together with other measures of social support, forms a system of social support for families, mothers, fathers and children, provides material support for families in connection with the birth and upbringing of children, which is extremely important in the context of the demographic situation in Russia. crisis, low living standards of the population, especially families with children. Providing citizens with benefits for children is rightly regarded as one of the measures of family and demographic policy, in particular, ensuring, along with other measures, an increase in the birth rate, family support and upbringing of children. Socio-economic transformations, which caused significant changes in all spheres of social life, including the distribution sphere, led to the emergence of new types of benefits and compensation payments and the disappearance of the previously existing ones.

The legislation on benefits has been almost completely updated, legal regulation is carried out on the basis of federal laws, laws of the constituent entities of the Russian Federation. This corresponds to the Constitution of the Russian Federation, according to the second part of Article 3 of which "social benefits are established by law." Social security is a cash form of security. It is provided to citizens in cases established by law as one of the types of social security. The grounds for providing citizens with certain types of benefits are provided for by the Constitution of the Russian Federation. For example, "everyone is guaranteed social security, in case of illness, for raising children" "motherhood is under the protection of the state", "everyone has the right to protection from unemployment" At the same time, the Constitution of the Russian Federation states that everyone is "guaranteed social security and in other cases established by law ”. Such cases - the birth of a child, the need to care for a child, etc. Monetary benefits in connection with motherhood and childhood, guaranteed by the Constitution of the Russian Federation, are one of the most significant types of social security in terms of their volume. When defining a social benefit, it is necessary to indicate the features that distinguish it from pensions and other payments assigned to citizens. As special features of benefits, some authors name various features, which, as a rule, are taken as the basis for the definition of the term "benefit", "social benefit".

Social benefits and pensions differ according to the grounds for their provision, in other words, according to those life circumstances that objectively necessitate their provision. Social benefits are usually paid for a relatively short time or in a lump sum, while a pension is always a long-term payment. These payments also differ in terms of their intended purpose. The purpose of the social benefit is to compensate in full or in part temporarily lost earnings for various reasons, to provide material support, to replenish the family budget in connection with the onset of a number of circumstances - the birth of a child, the death of a family member, etc. The purpose of pensions is different - as a rule, they are the main and, sometimes, the only source of livelihood for those citizens who have left their labor activity. Pensions are designed primarily for non-working citizens, benefits - for everyone: they are received by both working and non-working citizens, including pensioners. In science, attempts have been made repeatedly to substantiate the general concept of benefits and to classify them. The definition of benefits given by B.C. is currently not entirely relevant. Andreev - “benefits are all other (except for pensions) monetary payments from funds for the disabled, representing assistance to a citizen in cases established by law, as well as the authors of the textbook“ Soviet Social Security Law ”, who believe that benefits are a number of types of social security, differing in purposes, sources of payments, the nature of the grounds for presentation, subjects. What unites them is that all these cash payments from social funds.1 Different sources give different definitions of benefits (social benefits).

Suleimanova G.V. defines the benefit as follows: “Benefit is a cash payment (one-time or periodic), which is assigned to certain categories of citizens in the manner and in the amount stipulated by law.2

The most universal definition was proposed by M. L. Zakharov and E. G. Tuchkova "Social benefits are payments made to citizens in cases prescribed by law on a monthly basis, periodically or at a time, with the aim of reimbursing fully or partially temporarily lost earnings or providing material support" 3.

The author of this work analyzed the normative legal acts regulating the provision of benefits in connection with motherhood and childhood. Based on the analysis, it can be noted that benefits are characterized by the following specific features: 1) benefits are monetary payments to citizens in cases and amounts established by law; 2) benefits, as a rule, are assistance that temporarily replaces wages for work, or serves as a supplement to the main sources of livelihood in connection with the circumstances named in the law; 3) benefits are paid from several sources; 4) benefits of various types differ significantly from each other in terms of their intended purpose, grounds for provision, methods of determining their amount, and the frequency of their payment; 5) benefits are calculated either on the basis of individual earnings, or are fixed at a fixed rate.

The modern state family policy began to take shape in the 90s of the twentieth century, when society and regions realized the need for new state target programs in relation to the family.

The purpose and main principles of state social policy are aimed at the priority of universal human values, the construction of a social legal state on democratic foundations, as established by the Constitution of the Russian Federation. In Art. 7 of the Constitution of the Russian Federation defines Russia as a social state, "whose policy is aimed at creating conditions that ensure a dignified life and free human development", "state support for the family." The social policy of the Russian state in relation to families with children is determined by the Constitution of the Russian Federation. Article 38 of the Constitution indicates that motherhood and childhood, the family are under the protection of the state. State family policy, being an important area of modern social policy, is a set of targeted measures implemented at the federal and regional levels in relation to the institution of the family.

The aforementioned Address of the President of the Russian Federation noted that children in our country should fully develop, grow up healthy and happy, and become its worthy citizens.

2011 saw the best demographic indicators in the last 20 years. Almost 1,800 thousand children were born in the country, the life expectancy of the population has practically reached 70 years, the number of Russians has reached 143 million people.

Since 2011, the implementation of the second stage (2011-2015) of the Concept of the demographic policy of the Russian Federation for the period up to 2025 has begun, aimed at consolidating positive results in most indicators of social development, creating conditions for the growth of the population by 2025 to 145 million people. support of motherhood, fatherhood and childhood, strengthening the family as one of the directions for solving the demographic problem are outlined by the President of the Russian Federation in his 2012 Address to the Federal Assembly. The proposed program contains a whole range of measures aimed at state support for families with children.

Types of state benefits to citizens with children.

Types of state benefits to citizens with children, the procedure for assignment is determined by Federal Law No. 81 "On State Benefits to Citizens with Children" dated May 19, 1995 (as amended by Federal Law No. 133-FZ dated July 28, 2012)

This Federal Law establishes the following types of state benefits:

maternity allowance;

a one-time allowance for women registered with medical institutions in the early stages of pregnancy;

a lump sum at the birth of a child. If two or more children are born, this allowance is paid for each child. At the birth of a still child, this benefit is not paid.

monthly childcare allowance;

monthly child benefit;

a one-time allowance when transferring a child to a family for upbringing;

one-time allowance for the pregnant wife of a conscript;

monthly allowance for the child of a conscript.

The procedure for indexing and recalculating state benefits to citizens with children is also regulated by this law (introduced by the Federal Law dated 01.03.2008 N 18-FZ).

In case of adoption of a child (children) under the age of three months, the maternity allowance is paid for the period from the date of his adoption until the expiration of seventy calendar days (in the case of simultaneous adoption of two or more children - one hundred and ten calendar days) from the date of birth of the child (children The right to a one-time allowance when transferring a child to a family for foster care (adoption, establishment of guardianship (guardianship), transfer to a foster family of children left without parental care) if the parents are unknown, died, declared dead, deprived of parental rights , are limited in parental rights, recognized as missing, incapacitated (partially incapable), for health reasons cannot personally raise and support a child, are serving a sentence in institutions executing a sentence of imprisonment, are in custody of suspects and accused of committing crimes, shy away from raising children or protecting one of the adoptive parents, guardians (trustees), adoptive parents, whether they have their rights and interests, or refused to take their child from educational, medical institutions, social welfare institutions and other similar institutions.

If two or more children are placed in foster care, the allowance is paid for each child. A one-time allowance for the transfer of a child to a family for upbringing is paid in the amount of RUB 8,000. every such child. (Part two was introduced by the Federal Law of 02.07.2013 N 167-FZ)

Consider this type of state. support like, Family Capital.

Maternal (family) capital is a form of state support for Russian families raising children. This support is provided from January 1, 2007 to December 31, 2016 at the birth or adoption of a second, third or subsequent child who has Russian citizenship, provided that the parents did not use the right to additional measures of state support.

In accordance with the current legislation, the following persons have the right to receive maternity capital:

a woman who has citizenship of the Russian Federation who has given birth (adopted) a second or subsequent children starting from January 1, 2007;

a man who has the citizenship of the Russian Federation, who is the only adoptive parent of the second or subsequent children, if the court decision on the adoption entered into force starting from January 1, 2007;

the father (adoptive parent) of the child, regardless of the Russian Federation citizenship, in the event of the termination of the right to additional measures of state support of the woman who gave birth (adopted) children, due to, for example, death, deprivation of parental rights in relation to the child, in connection with the birth (adoption) of which the right to obtaining maternity capital, committing a deliberate crime against a child (children);

a minor child (children in equal shares) or a full-time student until he reaches the age of 23, upon termination of the right to additional measures of state support for the father (adoptive parent) or a woman who is the only parent (adoptive parent).

In confirmation of the right to receive maternity capital funds, a state-recognized certificate is issued.

Maternity capital can only be spent for the following purposes:

Improving living conditions

Repayment of a mortgage or other loan / loan taken for the purpose of buying a home;

Reconstruction and renovation of a residential building with an increase in living space;

Home construction compensation;

Home repair and construction on your own;

Share building;

Participation in housing construction cooperatives.

Getting an education

Student accommodation in a hostel of an educational institution

Payment for the services of an educational institution

Mother's pension savings (through investment through a non-state pension fund, Vnesheconombank, a management company).

As a general rule, maternity capital can be used after a child reaches the age of three. Except for cases of repayment of a loan for the purchase of housing, construction, reconstruction (including repayment of part of the mortgage). For these purposes, it is allowed to spend funds immediately after receiving the certificate, provided that the loan or loan was taken before December 31, 2010.

Maternity capital cannot be deposited or spent, for example, on a car or paying off current debts on consumer loans and utilities. To protect family capital from unjustified waste by parents, cashing state certificates is prohibited by law.