Social security examples. Social security and social protection in the Russian Federation. The concept of the constitutional system, its consolidation in the Constitution of the Russian Federation. The constitutional state and "civil society"

Social Security

The concept of social security in science is defined ambiguously. There is still no generally accepted interpretation of the term. This is due to the fact that, as a rule, a complete and clear definition of a particular socially significant concept is given by legislators, government agencies in the relevant legal acts, and this definition is reproduced by the scientific and legal communities as legal, officially approved.

To date, there is no legislative consolidation of the concept of "social security". Therefore, we are faced with various interpretations of it.

In ordinary consciousness, social security refers to various types of assistance from society, the state to a person, categories and strata of the population.

In the "Dictionary of the Russian language" S.I. Ozhegov, the following interpretation of the word "provide" is given: 1) to provide sufficient material means of subsistence; 2) supply something in the right amount; 3) to make it quite possible, valid, realistically feasible; 4) protect, protect (obsolete).

In scientific, educational and reference literature, the concept of social security is formulated in different ways, based on the positions, points of view (legal, sociological, economic, etc.) from which it is considered.

So, E.E. Machulskaya and Zh.A. Gorbachev believe that social security is "a set of public relations for the distribution of off-budget social insurance funds and the redistribution of part of the state budget in order to meet the needs of individuals in cases of loss of earnings or labor income, incurring additional expenses for the maintenance and upbringing of children, supporting other family members in need of care, lack of funds in the amount living wage for objective socially significant reasons, as well as for the provision of medical care and social services.

M.O. Buyanova, S.I. Kobzeva, Z.A. Kondratieva believe that social security is “a form of expression of the social policy of the state, aimed at providing material support to certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state at this stage of its development as socially significant, in order to equalize the social position these citizens compared to the rest of the society.

M.L. Zakharov and E.G. Tuchkov give the following definition: “social security is one of the ways to distribute a part of the gross domestic product by providing citizens with material benefits in order to equalize their personal income in cases of social risks occurring at the expense of targeted financial sources in the amount and on conditions strictly regulated by society, state, to maintain their full social status”.

In the textbook G.V. Suleymanova "The right of social security", social security is 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 status of citizens, and in cases provided for by law Russian Federation, other categories of individuals, due to the occurrence of circumstances recognized by the state as socially significant (insurance risks)”.

V.P. Galaganov considers social security as “a guaranteed system of material support for citizens (in cash and (or) in kind) upon reaching a certain age, in case of disability, loss of a breadwinner, temporary disability, raising children, loss of earnings and income, and in other cases, specially stipulated by law, as well as protecting their health and carried out at the expense of specially created extra-budgetary funds of compulsory social insurance, formed at the expense of insurance premiums (single social tax) and appropriations from the state budget of the Russian Federation by authorized bodies in the manner prescribed by law.

The Soviet Encyclopedic Dictionary contains the following interpretation: “Social security is a system for providing and servicing the elderly and disabled citizens as well as families with children.

One of the largest Soviet legal scholars R.I. Ivanova considers social security as a sociological category of universal human value. In her opinion, social security is “a form of distribution of material wealth not in exchange for labor expended in order to meet the vital personal needs (physical, social, intellectual) of the elderly, the sick, the disabled, children, dependents who have lost their breadwinner, the unemployed, all members of the society for the purpose of protecting health and normal reproduction of the labor force at the expense of special funds created in society, in cases and on conditions established in social, including legal, norms. This definition reflects the essence of social security, regardless of the specific historical conditions, political system, economic system in which it is carried out. It follows that the purpose of social security is, first of all, to help meet human needs for sources of livelihood.

Social security is based on certain essential features. These include:

a) “the state character of the organizational and legal methods of distribution of the total social product established in society through the social security system”;

b) “objective grounds that cause the need for a special mechanism of social protection to maintain (provide) a certain level of life support”;

c) "special funds, sources of social security";

d) "special ways of creating these funds";

e) “special ways of providing means of subsistence”;

f) "fixing the rules for the provision of social security in social, including legal, norms."

The value of social security in the life of society is determined by what functions it performs. A function is “a duty, a circle of activity; appointment, role.

The following functions of social security are distinguished in the literature:

1) economic function. It lies in the fact that the state, by distributing a certain part of the gross domestic product (GDP) of the country, has an impact on equalizing the income of citizens by providing material benefits (pensions, benefits, payments, etc.) instead of lost earnings, in the event of difficult life circumstances (disability, illness, unemployment, and others), if necessary, reimbursement of additional expenses (for example, during the birth and upbringing of a child);

2) production function. It is expressed in the fact that the implementation of many types of social security (such as an old-age labor pension, temporary disability benefits, child benefits, and others) is due to the labor activity of people, social production;

3) social (social rehabilitation) function - “contributes to maintaining the social status of citizens in the event of various social risks (illness, disability, old age, loss of a breadwinner, unemployment, poverty) by providing various kinds material support, social conditions, benefits in order to maintain a decent standard of living” and “restoring the full life of a person”;

4) political function - allows the state through
social security to implement the main directions of social
politicians;

5) demographic function - due to the fact that the social security system affects many demographic processes: life expectancy, population reproduction, and others.

Social security is a multifaceted social phenomenon. It develops as a system of various relations, processes: economic, legal, social, political.

In the economic aspect, social security "serves as a specific tool used by society, the state to solve one of the most acute problems - the social problem of inequality of personal incomes of people, which is not a consequence of inequality in labor productivity and production efficiency."

Social security is also a legal category, since “the states implement the policy of redistribution of income through a legal mechanism, fixing in a normative way the organizational and legal ways of implementing social security; the procedure for the formation of the relevant financial systems and their legal status, social security management systems; circle of persons subject to social security; types of security and conditions for their provision; mechanism for the protection of violated rights”. All of the above forms a system of social security law.

Social security is a very important social category. This is due to the fact that the state, as a political institution of society, provides for a person in those cases when, due to objective circumstances, he needs help and support, thereby restoring his status as a full-fledged member of society.

As a political category, social security is “a form of expression of the social policy of the state, aimed at providing material support for certain categories of citizens from the state budget and special extra-budgetary funds in the event of events recognized as socially significant, in order to equalize the social position of these citizens compared to the rest members of society"

Of particular importance for scientific development social work and social science in general in modern Russia, it becomes necessary to designate the relationship and correlation of the concepts of "social security", "social insurance" and "social protection".

Social security is carried out in certain organizational and legal forms, one of which is state social insurance. According to Article 1 of the Federal Law of the Russian Federation "On the Fundamentals of Compulsory Social Insurance" (No. 165-FZ of July 16, 1999) compulsory social insurance- "a part of the state system of social protection of the population, the specifics of which is the insurance of working citizens carried out in accordance with federal law against a possible change in material and (or) social status, including due to circumstances beyond their control."

Since the beginning of the 90s, in connection with the transition to market relations in our country, the term "social protection of the population" has become widespread. Since 1992, the Soviet social security bodies (social security services) have been renamed the system of social protection bodies, which is being formed as a social institution that includes a set of norms, principles, institutions, and organizations.

Unfortunately, the organizational and legal essence of the concepts of “social protection”, “social security”, as well as their interrelation and correlation, has not yet been defined at the official level. It must be said that in the public mind these two terms are often confused and not separated.

Under social protection understand the totality of legally established economic, social, legal guarantees and rights, social institutions and institutions that create conditions for maintaining life support, the life of various social groups, especially socially vulnerable ones. P.M. Sadykov gives the following definition: "social protection is a policy of ensuring socio-economic rights and guarantees of a person in the field of living standards."

Modern researchers believe that social security is one of the main types of social protection of the population in the event of social risks; part of the social security system.

In a broad sense, social protection of the population is understood as a whole range of measures:

1) on social support for the elderly, the disabled, the disabled, families with children, the unemployed and other persons in difficult financial situations;

2) to mitigate the negative results of economic reforms (indexation of citizens' incomes, the establishment of wage standards, the minimum duration of vacations, the provision of citizens with housing, etc.);

3) to create a favorable environment and protect health;

4) for the protection of motherhood and childhood, and others.

Based on this, it can be concluded that:

a) social protection and social security are still different categories;

b) social protection may have as its object and social relations not related to social security.

That is, social protection is understood as a more universal, broader system of supporting the population than social security, which is focused not only on classical social risks (old age, disability, temporary disability, etc.), but also on the risks caused by the new social economic and political situation.

To some extent, such a ratio of social protection and social security can be judged on the basis of Part 1 of Article 72 of the Constitution of the Russian Federation, which states that “the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation are:<...>g)<...>social protection, including social security;<...>».

As O. Snezhko points out, “in terms of its content, social protection is much broader than social security”

Thus, the concept of "social protection" is much broader and more voluminous than the concept of "social security"; social security is included in the system of social protection of the population, is its constituent element.

Social security is also one of the most important technologies of social work. Samu social work can be defined as the activity of the state, public organizations and individuals, aimed at solving the social problems of the group, the individual, at providing social assistance and services to people who find themselves in a difficult life situation.

Traditionally, technology is understood as "a set of methods of processing, manufacturing, changing the state, properties, form of raw materials, material or semi-finished products in the production process" .

Technology in social work is a certain set of techniques, methods, methods of influence used by social services, organizations, social workers to achieve goals in the process of social work, solving various social problems and providing effective social assistance.

Social security, along with such technologies (types) of social work as social prevention, social rehabilitation, social therapy and others, refers to the general technologies of social work, that is, those that are applicable to all objects of social work.

As stated in study guide"Social work" edited by V.I. Kurbatov, “the social security system occupies a special place among the general technologies of social work. It is not only interconnected with other technological procedures of socionomy, but also ensures their interaction in practice.

Thus, social security is a multifaceted and multifunctional phenomenon of modern society, the essence of which is to ensure and protect an optimal standard of living, maintaining the social status of an individual. for the upbringing of children and in other cases established by law. At the same time, it is emphasized that "state pensions and social benefits are established by law and must ensure a standard of living not lower than the subsistence minimum established by law."

In the Republic of Bashkortostan, by now it has been adopted a large number of laws, decrees, resolutions and other acts relating to the social security of various categories of the population. For example, the Law of the Republic of Belarus "On State Support for Large Families in the Republic of Belarus" dated July 24, 2000, the Law of the Republic of Belarus "On Social Support for the Disabled in the Republic of Belarus" dated December 17, 2004, the Decree of the President of the Republic of Belarus on the provision of minibuses to large families with 10 or more children under the age of 18 years old (dated July 24, 2003), Decree of the President of the Republic of Belarus “On measures for state support of the family, motherhood and childhood and improvement of the demographic situation in the Republic of Belarus” and others.

Finally, the purpose of the actual local acts is "to raise the level of social protection in a particular organization (for example, a collective agreement or an agreement of a particular organization)".

Thus, social security operates on a large base of legal acts of various levels - from international to local.

Forms and types of social security

AT real life social security exists in various forms. Corresponding Member of the Russian Academy of Natural Sciences V.P. Galaganov understands the form of social security as “the way of its existence, that is, its external manifestation (appearance)”.

The literature discusses the specific features by which this or that form of social security is distinguished:

a) sources and methods of financing;

b) the circle of persons provided;

c) types of collateral;

d) bodies providing security.

Depending on the procedure for the formation of funds, organizational and legal forms of social security are distinguished.

G.V. Suleimanova distinguishes two such forms:

“1) state social insurance, carried out at the expense of insurance premiums, in the amount and in the manner prescribed by law;

2) state social security, carried out at the expense of budgetary funds, including state social help poor citizens."

HER. Machulskaya and Zh.A. Gorbachev is defined by three organizational and legal forms: “state compulsory social insurance; social security through direct appropriations from the federal budget; state social assistance.

M.L. Zakharov and E.G. Tuchkov allocate “mandatory social insurance; social security at the expense of budgetary funds; mixed form of social security applicable to certain special subjects.

V.P. Galaganov considers: “a) social security in the form of compulsory social insurance; b) social security at the expense of appropriations from the state budget”.

G.V. Suleimanova also identifies forms of social security depending on the way the needs are met: natural(social services, prosthetic and orthopedic care for the disabled, etc.) and monetary(pensions, payments, etc.).

First legal form social security is social insurance. The Federal Law of July 16, 1999 “On the Fundamentals of Compulsory Social Insurance in the Russian Federation” defines compulsory social insurance 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 status of workers citizens, and in cases provided for by the legislation of the Russian Federation, other categories of citizens due to their recognition as unemployed, industrial injury or occupational disease, disability, illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to receive medical care, sanatorium resort treatment and the onset of other<...>social insurance risks...».

Social insurance is “an institution of social protection of the economically active population against the risks of loss of income ( wages) due to disability (illness, accident, old age), place of work or additional unforeseen expenses associated with treatment.

Working citizens take part in the formation of financial sources of compulsory social insurance. From the salary of employees, on a mandatory basis, extra-budgetary social insurance funds that will be insurers (Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, compulsory medical insurance funds) are deducted insurance premiums. “These contributions are considered as a deferred part of the earnings of employees for their future social security (in some cases, family members) in the form of appropriate pensions, benefits, social services, medical assistance.” Insurance premiums are directly paid by organizations, enterprises, institutions (for insurance of the working population), as well as state executive authorities, federal bodies and bodies of constituent entities of the Russian Federation and local government(for insurance of the non-working population), which are called insurers.

Social insurance is carried out against social risks - "anticipated events that entail a change in their [citizens'] social (including financial) status." Social insurance risks are: the need to receive medical care, temporary disability, work injury and occupational disease, maternity, disability, old age, loss of a breadwinner, recognition as unemployed, death of the insured person or disabled members of his family who are dependent on him.

Social insurance risk arises when an insured event occurs - "an event in connection with which the insurer is obliged to provide for the insured person, and the latter has the right to this provision."

Each type of insurance risk corresponds to a certain type of social security for compulsory social insurance. These types include: payment for medical care; old-age, disability, survivor's pensions; benefits for temporary disability, in connection with labor injury and occupational disease, for pregnancy and childbirth, for unemployment, and others.

At present, there is no unified social insurance fund in Russia, at the expense of which all types of compulsory social insurance would be provided. Therefore, each off-budget fund produces its own insurance payments: The Pension Fund pays labor pensions, the Social Insurance Fund - benefits for temporary disability, pregnancy and childbirth, and others, the Compulsory Medical Insurance Fund pays for medical treatment. The general management of them is carried out by the Government of the Russian Federation.

In addition to insurance premiums, the unified social tax, federal budget subsidies, penalties, and others are sources of cash flow to extrabudgetary funds.

The second organizational and legal form of social security - social security at the expense of budgetary funds. It is a "system of material support and social services for certain categories of citizens who are not subject to compulsory social insurance, and the provision of certain types social security for the entire population, regardless of belonging to certain categories of citizens at the expense of budgetary appropriations.

The circle of persons provided at the expense of budgetary funds covers:

1) citizens "receiving security in connection with certain socially useful activities (during which they are not subject to compulsory social insurance) upon the occurrence of circumstances recognized as socially respectful." This category includes, for example, military personnel, police officers, FSB, tax police. They are paid pensions, allowances and other types of social security at the expense of the federal budget;

2) "the entire population of the country, provided with certain types of social security without any connection with human labor." Among these types are such as social benefits in connection with the birth of a child, social benefits for burial, vocational training and employment of the disabled, various benefits, payments, and more. "The specified types of social security are provided to any citizen upon the occurrence of circumstances specified in the legislation, and regardless of the fact that he receives certain types of insurance coverage or other types of social security at the expense of budgetary funds."

Many bodies finance social security at the expense of budgetary funds: the Ministry of Defense, the Ministry of Internal Affairs, the Federal Security Service and other departments, as well as the bodies of social protection of the population, health care, education, employment, guardianship and guardianship, and others.

In the system of this form of social security, a subsystem is distinguished - state social assistance. It was established by the federal law of July 17, 1999 “On State Social Assistance” and is currently in the process of being formed. Its subjects are “only poor individuals and families, and the basis for granting social payments or services - the level of individual or per capita family income. If it is below the subsistence level, then the family (a citizen living alone) is considered poor and has the right to receive state social assistance. Thus, the right to social assistance is not conditional on participation in labor activity or paying insurance premiums.

AT recent times in our country, lawyers designate and distinguish a mixed form of social security. Here, “both the funds of the social insurance fund and budgetary funds are used simultaneously” to provide certain categories of citizens - deputies, judges, prosecutors and others. On the one hand, they, like all other working citizens, receive provision in the form of compulsory social insurance, and on the other hand, “given the special significance of their activities, the state introduces certain types of provision for them at the expense of budgetary funds” (for example, lifelong monetary maintenance of judges, additional payments to pensions, etc.).

Consider the types of social security, dividing them into groups: pensions, allowances, payments, benefits, social services, health care and treatment.

1) Retirement(from the Latin word pensio - payment) - "a regular cash payment as material security for old age, disability, for length of service, in case of loss of a breadwinner, etc."

The modern Russian pension system consists of two relatively independent subsystems: compulsory pension insurance and state pension provision.

Mandatory pension insurance is funded by pension fund RF, where employers pay insurance premiums for their employees. This insurance covers working citizens and their families.

State pension provision financed from the state budget. It provides for civil servants, military personnel and their families, as well as “those citizens who, for whatever reason, have not earned a pension through their work, service.

The pension system "is a complex technological chain, consisting of a number of links - from the appointment to the payment of a pension."

All pensions are divided into " labor pensions included in the mandatory pension insurance system, and budget pensions- for state pensions.

Labor pension- this is "a regular (monthly) cash payment accrued to citizens in order to compensate for wages or other income received by insured persons before the establishment of a labor pension or lost by disabled family members of insured persons due to the death of these persons ...". Regulatory Framework the appointment and regulation of such pensions are the federal laws "On labor pensions in the Russian Federation" dated 12/17/01 and "On compulsory pension insurance in the Russian Federation" dated 12/15/01.

Distinguish four kinds labor pensions: for old age, for disability, for the loss of a breadwinner, for length of service.

The following persons are entitled to receive a budget pension:

“1) persons who are in the federal public service of the Russian Federation;

2) persons in military or law enforcement service;

3) participants of the Great Patriotic War;

4) citizens affected by radiation or man-made disasters;

5) disabled citizens”.

The main regulatory act regulating relations in the field of such pensions is the Federal Law "On State Pension Provision in the Russian Federation" dated 12/15/01.

Budget pensions for disabled citizens are called " social pensions". It is established mainly for disabled children, disabled since childhood, for men aged 65 and women aged 60 who are not entitled to a labor pension, including those who have not accumulated the relevant work experience.

2) Benefit- this is "a cash payment appointed to citizens for a certain period in order to provide them with lost earnings or provide additional material assistance in cases recognized as socially significant." Such socially significant cases are, for example, the birth of a child, pregnancy, death of a family member, and others.

According to the categories of persons entitled to receive benefits, there are the following types allowances: 1) allowances for citizens with children; 2) allowances for temporarily disabled citizens; 3) benefits for the unemployed; 4) other benefits (for example, for refugees, orphans, social benefits for burial).

3) Compensation payments(compensation) is “reimbursement to citizens of the expenses they have incurred, established by law”. The purpose of such payments is additional material support for citizens in objective socially significant circumstances, regardless of whether they have any source of income.

According to the circle of persons entitled to compensation payments, compensations are allocated: to mothers, other relatives who actually care for a child under the age of 3 years; students, graduate students who are on academic leave for medical reasons; non-working able-bodied citizens caring for disabled citizens, and other types.

4) Privileges in social security are considered as "providing a special advantage or preference to certain categories of citizens ...". There are benefits:

a) social - provided on social grounds (poor, old age, disability, etc.);

b) for special merits (to the Heroes of the USSR and the Russian Federation, participants in the Second World War, etc.);

c) provided due to other circumstances (judges, deputies, military personnel, etc.)

6) Social services- “the activities of social services for social support, the provision of social, social, medical, psychological and pedagogical<...>services and material assistance, carrying out social adaptation and rehabilitation of citizens in difficult life situations”.

There are types of social services according to the nature of the services provided: 1) inpatient care (carried out in nursing homes for the elderly and disabled, social shelters); 2) semi-stationary service (carried out in social service centers); 3) urgent social assistance; 4) social services at home; 5) social advisory assistance; 6) rehabilitation service.

An example of rehabilitation services is the rehabilitation of disabled people, which includes the provision of prosthetic and orthopedic care, medical and social examination, vocational training, employment of disabled people and other activities.

The system of institutions providing various types of social security includes territorial departments of social protection, departments of the Pension Fund of the Russian Federation, social service centers, boarding schools, prosthetic and orthopedic enterprises, and others.

7) Vocational training and employment disabled people as a type of social security is becoming especially significant in modern conditions. The state provides disabled people with guarantees of employment. In accordance with the Federal Law of the Russian Federation "On the social protection of persons with disabilities in the Russian Federation", a set of measures is provided for increasing their competitiveness in the labor market. These include:

Establishment of quotas for the employment of disabled people and the minimum number of special places for them. Organizations, regardless of their form of ownership, with more than 100 employees, are set a quota for hiring disabled people, but not less than three percent;

Reservation of jobs for professions most suitable for the employment of disabled people;

Stimulating the creation of additional jobs by enterprises, incl. special for the employment of disabled people;

Creation of working conditions for disabled people in accordance with their individual programs rehabilitation. For disabled people of groups 1 and 2, a reduced working time of no more than 34 hours per week is established with a reduction in full wages; have the right to provide them with leave without pay for up to 2 months at their request;

Creation of conditions for entrepreneurial activity of disabled people;

Organization of training for disabled people in new professions that are in demand in the labor market;

Implementation of a preferential financial and credit policy in relation to specialized enterprises employing disabled people, as well as public associations of disabled people.

8) Prosthetic and orthopedic care disabled people is aimed at providing them with the necessary prostheses, personal means of transportation at home and on the street, as well as orthoses - devices and corsets necessary for life. The manufacture and repair of these products is carried out at the expense of the federal budget.

As a result, the following conclusions can be drawn:

1) social security - an institution of modern society; universal social technology, the purpose of which is to maintain the social status of the individual, maintaining the standard of living in the event of the onset of objective life circumstances (social risks). The implementation of social security is the task of the state, which, like loving father who cares about his children, provides (from the words “bake” (take care of), “care”) of his citizens with sources of livelihood, guarantees protection from social risks (illness, old age, disability, unemployment, etc.), supports well-being , social justice and solidarity, softens social inequality;

2) social security as a social phenomenon finds its origins in history. It is based on the traditions and forms of community-tribal assistance, princely charity, church, public and state charity;

Social security as a real social phenomenon needs scientific validity. Sometimes the definition of this or that concept is given by the legislator himself, and it is perceived by science as legal. However, there is no definition of social security as a multidimensional phenomenon in the legislation. Therefore, different authors interpret this concept in different ways. In science, there are two main concepts of the content of the concept of social security - economic and legal.

As an economic category, social security serves as a specific tool used by society, the state to solve one of the most acute problems - the social problem of inequality of people's personal incomes, which are not a consequence of inequality in labor productivity and production efficiency. In order to more equitably distribute the national income in all countries at the beginning of the 20th century, the policy of redistribution of income carried out by the state with the help of fiscal and social policies, the main link of which is precisely social security, is being developed.

At the same time, social security is also a legal category, since states implement a policy of redistribution of income through a legal mechanism, fixing the organizational and legal ways of implementing social security in a regulatory way; the procedure for the formation of the relevant financial systems and their legal status, the strength of the social security administration; circle of persons subject to social security; types of security, conditions for their provision; mechanism for protecting violated rights. 7

The provision is addressed to a person by society, the state in those cases when, due to circumstances beyond his control, he needs support, guarantees a certain social comfort, restores the status of a full-fledged member of society. In this regard, social security is certainly a very important social category.

However, an unambiguous definition of this concept has not been developed. This is explained by the fact that social security is a multidimensional phenomenon and any given definition cannot be universal, since it cannot simultaneously cover all essential aspects.

Specialists in the field of social security law (M.L. Zakharov, E.G. Tuchkova, V. Galaganov) interpret social security as follows: “Social security is one of the ways to distribute part of the gross domestic product by providing citizens with material benefits in order to equalize their personal income in cases of social risks occurring at the expense of targeted financial sources in the amount and on conditions strictly regulated by society, the state, in order to maintain their full social status. “State social security is a guaranteed system of material support for citizens (in cash and in kind) upon reaching a certain age, in case of disability, loss of a breadwinner, temporary disability, raising children, loss of earnings or income, and in other cases specially stipulated by law, as well as the protection of their health, carried out at the expense of specially created extra-budgetary funds of compulsory social insurance, formed at the expense of insurance premiums and appropriations from the state budget of the Russian Federation by authorized bodies in the manner prescribed by law.

You can also find such a definition as "social security - a system of social relations that develop between citizens and state bodies, local governments, organizations regarding the provision of medical care, pensions, benefits and other types of security to citizens at the expense of special funds in the event of life circumstances that entail loss or decrease in income, increased spending, low income, poverty. L. Rzhanitsina defines the concept of “social security” as follows: “Social security is the distribution of pensions, benefits and the provision of social services to disabled and equated categories of citizens on permanent grounds, norms and rules that define federal legislation as mandatory for all participants and levels". eight

K.N. Gusov and M.O. Buyanova propose to understand social security as “a form of expression of the social policy of the state aimed at providing material support for certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state at this stage of its development of socially significant, in order to equalize the social position of these citizens in comparison with other members of society.

Social security has always occupied and occupies one of the key, defining places in the life of the state and society. It directly depends on the development of the economy and is closely connected with politics and the social well-being of working people and non-working strata of the population.
Thus, two main concepts of the content of this concept have developed in science - economic and legal. The economic concept includes in social security all types of assistance to members of society at the expense of public consumption funds (including free secondary, secondary specialized and higher education, free housing (or housing subsidies), free physical education and sports, services by cultural institutions, all types of pensions , benefits, social services, medical care and treatment, and various kinds benefits for certain categories of citizens). The basis of this concept is the method of distribution of goods through public consumption funds.
The legal concept is initially based simultaneously on several, sometimes incompatible criteria, in particular, on economic and subjective ones. Thus, provision should not concern all members of society, but only certain citizens who enjoy special protection from the state. Among the subjects that enjoyed the special care of society at certain stages of its development were various categories of citizens (in Tsarist Russia, at first only officials and military personnel, then hired workers in heavy industry and members of their families).9

This study allows us to define the concept of "social security", under it time should be understood as a form of expression of the social policy of the state, aimed at the material provision of certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state at this stage of its development as socially significant , in order to equalize the social status of these citizens in comparison with other members of society.
Based on this definition, the social security system of modern Russia should include all types of pensions, benefits, compensation payments, social services, medical care and treatment, as well as various benefits for certain categories of citizens. The concept of social security does not include the right to free education and housing - due to the absence of an event as one of the necessary factors with which social security is associated.

1.2 Signs of social security 9

The economic and legal concept of the concept of social security makes it possible to identify its main modern criteria (features), according to which one or another type of security should be called social. Let's consider these criteria. ten

Sources of financing. Almost all scientists are unanimous that social security should be provided at the expense of special funds formed by the state. During the existence of the USSR, these were public consumption funds (providing funds for the disabled). Currently, social security is financed at the expense of special off-budget funds: social insurance, the Federal Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation, as well as the state budget, republican and territorial funds for social support of the population.

Currently, social security is financed at the expense of special social funds, republican and territorial funds for social support of the population.

The circle of persons subject to social security. From a legal standpoint, it is generally accepted that provision at the expense of society should not be carried out for all citizens, but only for certain categories of them established by law. To date, these are: disabled (due to old age, disability, length of service); persons who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and internally displaced persons; war and labor veterans; persons affected by exposure to radiation; persons awarded orders of military and labor glory; Heroes of the Soviet Union and Russia; residents of besieged Leningrad; persons awarded the medal "For the Defense of Leningrad"; former prisoners of concentration camps, ghettos; persons subjected to repressions and subsequently rehabilitated. The range of these persons is established in relation to specific types of security. eleven

Conditions for the provision of social security. The right to one or another type of security is established for certain groups of the above citizens only upon the occurrence of the relevant circumstances specified in the law. These mainly include events (reaching a certain age, disability, death, birth of a citizen, and others). In most cases, these circumstances are associated with the onset of a difficult life situation for a person, in which he finds himself for reasons beyond his control and when the help of society is extremely necessary.

The purpose of providing social security. Currently, social security is financed at the expense of special funds, state budget funds, republican and territorial funds for social support of the population.
By providing citizens with one or another type of security, the state pursues certain goals. They can be conditionally subdivided into nearest, intermediate, final. Thus, when providing a woman with benefits for pregnancy and childbirth, the immediate goal is material support for the woman during the period when she is released from work before or after childbirth. The intermediate goal is to take care of the health of mother and child. The ultimate goal is to raise a healthy generation and increase the population of the country. However, it should be assumed that the main goal of each type of provision is to equalize the social status of certain categories of citizens with the rest of society. Indeed, the life situations in which a citizen finds himself require, as a rule, increased material costs or additional physical, mental, moral efforts compared to other members of society.

When forming the concept of social security, it is also necessary to take into account that it is an expression of the social policy of the state at this stage of its development. Changing social priorities inevitably entails changes in the content of the concept of social security. Thus, for example, the social policy of the USSR in the 1970s and 1980s was aimed at the steady growth of the population. Therefore, social security at that time provided for the payment of benefits to mothers of large families. 12

The social policy of the modern Russian state should be aimed at social security of such a level, which is enshrined in international acts ratified by our country. The USSR (whose successor is Russia) ratified the Universal Declaration of the Rights and Freedoms of Man and Citizen of 1948, as well as the International Covenant on Economic, Social and Cultural Rights of Man and Citizen (September 18, 1973). In accordance with these acts, every member of society has the right to social security and to the exercise of the rights necessary for the maintenance of his dignity and for the free development of his personality in the economic, social and cultural fields, in accordance with the structure and resources of each state. Everyone has the right to a standard of living (including basic necessities, housing, medical care and necessary social services) adequate for the health and well-being of himself and his family, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other circumstances of loss of livelihood for reasons beyond his control.
The process of formation of the modern Russian state social security system takes place on the basis of taking into account the indicated basic provisions of international norms. In development of this, the Constitution of the Russian Federation of 1993 proclaimed Russia a social state, whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In connection with this policy, the work and health of people are protected, state support is provided for the family, motherhood, fatherhood and childhood, the disabled and the elderly, the system of social services is developed, state pensions, benefits and other guarantees of social protection are established. thirteen

Based on the foregoing, we can distinguish the essential features of social security at the present stage:

The state character of the organizational and legal methods of distribution of the total social product established in society through the social security system;

Legislative consolidation of the list of social risks recognized by the state as grounds for providing various types of social security;

Fixing in the rules of law or in agreements sanctioned by the state, the circle of persons to be secured;

Rationing by the state of the social standard of security, below which it cannot be, by legislatively fixing the types of security, its level and conditions of provision.

CHAPTER 2 ROLE AND SIGNIFICANCE OF MAIN FUNCTIONS 14 SOCIAL SECURITY

1. The concept of social security

Social Security- a form of expression of the state's social policy aimed at providing material support for certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state at this stage of its development as socially significant, in order to equalize the social position of these citizens compared to other members of society .

Social security directly depends on the development of the economy. It is directly related to politics and the social well-being of both working and non-working segments of the population.

In science, there are two main concepts of the content of this concept - economic and legal.

Proponents of the economic concept included in social security all types of assistance to members of society at the expense of public consumption funds (including free secondary, secondary specialized and higher education, free housing (or housing subsidies), free physical education and sports, services by cultural institutions, all types of pensions, benefits , social services, medical care and treatment, as well as various benefits for certain categories of citizens). The basis of this concept was the method of distribution of goods through public consumption funds.

Representatives of the legal concept believed that the provision should concern only certain citizens who enjoy special protection from the state. Among the subjects that enjoyed the special care of society at certain stages of its development were various categories of citizens (in tsarist Russia - at first only officials and military personnel, then - hired workers in heavy industry and members of their families).

Under the Soviet regime, social security first extended to all wage laborers, and then to members of the collective farm, children, large families, single mothers. The current legislation on social security in Russia already applies to the unemployed, internally displaced persons and refugees, persons who are not entitled to a labor pension.

2. Basic modern criteria for social security

The main features that can be called social security include:

Sources of financing. Social security should be provided at the expense of special funds formed by the state. Currently, social security is financed at the expense of special off-budget funds: social insurance, the Federal Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation, as well as the state budget, republican and territorial funds for social support of the population.

The circle of persons to be secured. To date, these are: disabled (due to old age, disability, length of service); persons who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and internally displaced persons; war and labor veterans; persons affected by exposure to radiation; persons awarded orders of military and labor glory; Heroes of the Soviet Union and Russia; residents of besieged Leningrad; persons awarded the medal "For the Defense of Leningrad"; former prisoners of concentration camps, ghettos; persons subjected to repressions and subsequently rehabilitated. The range of these persons is established in relation to specific types of security.

Conditions for the provision of collateral. The right to one or another type of security is established for certain groups of the above citizens only upon the occurrence of the relevant circumstances specified in the law (reaching a certain age, disability, death, birth of a citizen, etc.).

The purpose of providing security. Today, social security is financed at the expense of special funds, state budget funds, republican and territorial funds for social support of the population. By providing citizens with one or another type of security, the state pursues certain goals. They can be conditionally subdivided into nearest, intermediate, final.

3. Social security functions

There are several main functions of social security, including economic, political, demographic, social rehabilitation, and protection.

economic function expressed in the provision of material support to citizens in a difficult life situation, in promoting the development of social production in general and individual sectors of the national economy, the economic recovery of priority development zones, etc.

political function is aimed at bringing together the social level of various segments of the population, creating conditions that ensure a decent life for every person. It is designed to stabilize social relations in the field of social protection of the population.

Demographic function contributes to stimulating the growth of the country's population, the reproduction of a healthy generation, the growth of life expectancy of citizens, etc.

Social rehabilitation function related to meeting the specific needs of the elderly and disabled citizens. It is expressed in the creation of conditions conducive to the preservation of their legal status and health care for all citizens.

Protective function is aimed at protecting citizens in a difficult life situation, helping to solve various problems (material, physical, psychological, age, etc.). This is the main purpose of social security. It is necessary to provide society and the state with the necessary and sufficient level of social protection for both the population as a whole and each of its social groups.

Another function of social policy is to provide society and the state with the necessary and sufficient level of environmental safety.

Socio-political relations do not exist in society in isolation, they represent the social form of all economic, cultural, consumer processes without exception. Social policy introduces into these processes their connection with the diversity of interests of classes, social groups, and communities.

4. Social security and social protection

During the period of transition to market relations in our country, with the advent of economic instability, inflation, impoverishment, increased stratification of society, an increase in the number of unemployed, refugees, internally displaced persons, persons without a fixed place of residence, the problem of social security of citizens became very acute.

It is impossible to solve it within the framework of social security law, since it simultaneously affects several branches of law.

labor law- these are the problems of unemployment, employment and employment of various segments of the population, the stability of labor relations, increasing social guarantees in the field of wages (a certain level of wages, including the establishment minimum size remuneration, guarantees of compliance with the principles of remuneration established by law, payment of district coefficients, etc.); problems of reproduction of the labor force, including issues of working hours and rest periods, labor protection, guarantees for persons combining work with training, guarantees for employees when considering labor disputes (individual and collective).

Civil law- state support, protection and protection of private property, support for individual private entrepreneurship, etc.

Housing law– issues related to the provision of housing, improvement of living conditions.

Family law are questions state support the institution of marriage and family, the establishment by law of the rights and obligations of parents, children and spouses, etc.

environmental law- these are problems associated with the creation of a favorable ecological environment for the normal life of members of society, etc.

The main issues of social protection of Russian citizens relate to the law of social security. All institutions of this legal branch are aimed at protecting various segments of the population from social cataclysms.

The concept of "social protection" is much broader than the concept of "social security", since the latter is included in the category of the former.

5. Subject matter of social security law

Social security law emerged as an independent industry relatively recently (in the mid-1970s). Until that time, social security relations were considered within the framework of administrative, civil, labor, and collective farm law.

During the formation of the USSR (1922), social security was considered an integral part of the law of social culture and was part of the branch of administrative law. In the 1950s, with the advent of new pension legislation, the social security of workers and employees began to be considered within the framework of the subject labor law, and the social security of collective farmers - within the scope of the subject of collective farm law.

For the first time, the issue of the independence of social security law was raised and discussed at an international symposium in Prague in 1966.

The founder of Soviet social security law as an independent branch of law was Professor V. S. Andreev, an honored worker of science. For the first time in our country, he developed a doctrine on the subject and method of this legal branch, substantiated the system of its norms, and formulated the principles of social security.

The concept of the subject of social security law is inextricably linked with the essence of the very concept of social security, its capacious content.

Subject of social security law constitute today several groups of public relations:

1) relations on social security of citizens in monetary form (pensions, allowances, compensation payments);

2) relations for the provision of various social services (social services for the elderly, the disabled, children, families with children, refugees and internally displaced persons, medical care, benefits for certain categories of citizens);

3) procedural and procedural relations related to the establishment of legal facts, as well as the implementation and protection of the right to one or another type of social security. These relations, as a rule, precede (procedural), accompany (procedural and procedural) or follow (procedural) from the relations included in the first two groups.

6. The system of relations for the social security of citizens

Relations on social security of citizens in cash and in the provision of various social services constitute the "core" of the subject of social security law. Procedural and procedural relations are derived from them.

AT system of pension relations Currently, the following types of pensions are included: old-age, disability, survivor's, seniority, social pensions.

AT system of relations for the provision of benefits allocate benefits: for temporary disability, for pregnancy and childbirth; women registered with early dates pregnancy; on the occasion of the birth of a child; caring for a child up to one and a half years; for children under 16; unemployment; for burial; military wives, etc.

The system of relations for providing compensation payments includes: compensation to persons caring for a minor child until they reach the age of 3 years; compensation payments to persons caring for a person who has reached the age of 80, a disabled person of group I, the elderly who, according to a doctor's opinion, need constant outside care; compensation payments to unemployed wives (husbands) of military personnel living with their spouses in areas where they cannot work due to the lack of employment opportunities; compensation payments for food for children studying in state, municipal educational institutions, as well as in institutions of primary vocational and secondary vocational education; compensation payments to students and graduate students who are on academic leave for medical reasons; compensation payments to refugees and forced migrants; compensation payments to persons on forced leave without pay; compensation payments for children under guardianship and guardianship in a foster family.

7. The system of relations in the field of social services

The system of relations related to the provision of various social services to citizens includes: relations for social services for the elderly and disabled (stationary and semi-stationary, urgent social services, home care, social advisory assistance, rehabilitation services for the disabled).

Social service relations for families with children include the maintenance of orphans and children left without parental care in special children's institutions, the maintenance of disabled children in boarding schools for disabled children, the maintenance of children in preschool institutions.

An independent type of social security is the vocational rehabilitation of disabled people, which includes relations for the provision of services for free vocational training or retraining of disabled people in educational institutions both general and special types.

Relations related to the transportation of disabled people, as well as their provision with special vehicles (including horse-drawn vehicles), are included in social services as an independent type. Relations on the provision of prosthetic and orthopedic care to the disabled (also included in the system of social services) are the final ones in the process of social rehabilitation of the disabled; thus, they are also included in the system of legal relations for social services.

An independent subgroup of social service relations is medical care and treatment, including preventive, medical diagnostic, rehabilitation, prosthetic and orthopedic and dental care.

Relationships in sanatorium-and-spa services and treatment are an independent subgroup of relations in social services. They involve providing citizens with vouchers for sanatorium treatment free of charge or on preferential terms.

The system of social service relations also includes drug assistance provided free of charge or at a discount for certain categories of citizens.

8. Method of social security law

Method of legal regulation of public relations is the most important differentiating criterion for distinguishing branches of law. The law of social security as an independent branch in the general system of law has been formed recently. The question of the essence and content of her method is one of the most difficult due to the ambiguity of the views of scientists on this problem and is at the stage of scientific discussions.

In accordance with the provisions of the general theory of law, the method of legal regulation is understood as a set of techniques and methods used by the legislator for the most effective regulation of a certain set of social relations.

Any sectoral method of legal regulation of social relations is characterized not by any one feature, but is a whole range of means and methods of influencing social relations regulated by the norms of this branch of law. The method is not a frozen legal category; with the change in social relations, the content of the method also changes.

One of the features of the method of social security law is the combination centralized and local methods of establishing the rights and obligations of subjects. Article 72 of the Constitution of the Russian Federation establishes that social security issues are under the joint jurisdiction of the Russian Federation and its subjects. In accordance with this, the regulation of relations in the field of social security is carried out both centrally through the adoption of federal laws, as well as other legal acts of central government bodies aimed at their implementation, and at the regional (local) level by issuing relevant regulations of the subjects of the Federation. At the same time, at the federal level, a certain minimum social standard for social security is currently being fixed, which cannot be lowered under any circumstances by the subjects of the Federation, because the provision of such a standard is guaranteed by federal financial sources.

9. Specific ways to determine the content of legal relations

The method of social security law has specific ways of determining the content of legal relations. The rights and obligations of subjects in this industry can be established not only by normative, but also by contract. So, for example, contractual regulation of relations in the field of social security is possible within the framework of a particular enterprise.

The collective agreement may provide for more favorable conditions in comparison with the current legislation (surcharges to pensions, early retirement, etc.), as well as securing guarantees of social security is possible on an individual basis. employment contract(contract), the parties of which may establish additional types, conditions, oversized provision in comparison with the stipulated norms of law (material assistance in case of going on vacation, free annual sanatorium treatment, free medicines in case of illness, etc.).

The conditions achieved under contractual regulation should not worsen the position of employees in comparison with the legislation, otherwise they are recognized as invalid.

The social security law reflects the specificity of legal facts, which are associated with the emergence, change, termination of legal relations. In this industry, almost all legal facts are not actions, but events that usually occur objectively and do not depend on the will of people, as a result of which the ability to independently provide the necessary means of life is lost or these means become insufficient (old age, disability, unemployment, loss of a breadwinner, poverty, childbirth, death, etc.).

Legal relations on social security mainly arise in the presence of a set of legal facts from complex factual compositions that have: legal grounds for security; the will of the person possessing them; the decision of the competent authority on the appointment of the type of security for which the citizen claims.

10. General legal status of citizens

General legal position The subjects of social security legal relations are characterized primarily by the fact that between them there are neither relations of power and subordination, nor relations of equality. The state represented by its bodies acts as an obligated subject. Property rights belong to citizens, and the corresponding duties are assigned to the competent state and other bodies.

The obligated party must take guaranteed actions to exercise the right of citizens to pensions. The second side of the legal relationship - the citizen is given the freedom to dispose of rights.

First of all, the method of social security law is characterized by the specificity of sanctions that ensure the fulfillment of the obligations of subjects, and the method of protecting the violated right. The specificity of sanctions in the field of social security is, firstly, that property recovery can only be levied on citizens who have guiltyly transferred the amount of due payments. Property sanctions are not applied to another subject of the legal relationship (state or other body). In case of non-receipt by citizens of sums of money, the restoration of the rights of the latter is carried out by paying the funds due to them.

Second distinguishing feature sanctions lies in the fact that they are of a restorative, and not a punitive nature: citizens return the over-received amount in full and do not experience additional deprivations. In addition, when providing certain types of security, specific sanctions are applied.

One of the elements of the sectoral method of legal regulation is the procedure for resolving disputes. Disputes on the appointment and payment of pensions, deductions from pensions, recovery of overpaid pension amounts are resolved by a higher social security body. If a citizen (enterprise, organization) does not agree with the decision taken by this body, the dispute is resolved in the manner prescribed by the legislation on civil proceedings.

Social insurance is one of the forms of social protection of the population from various possible risks that are associated with the loss of health, disability, work, earnings and other income. Main Feature social insurance is that financing for social security is made from specialized budget funds, which are formed by targeted insurance premiums of legal entities (employers) and individuals (employees).

Social insurance is based on the principle of flexible equivalence, that is, there is a certain dependence of the insurance payment on the amount of insurance experience and labor contribution. In social insurance, the combination of the principle of equivalence with the principle of collective solidarity and pooling of risks is active.

The system of social protection of citizens of the Russian Federation includes the main elements:

• traditional form of state social assistance;
• complex of federal social guarantees (social services);
• social insurance.

Social insurance guarantees insured citizens full insurance coverage, which allows the fulfillment by insurers of their obligations to insured citizens.

Social Security

Social security is aimed at providing financial support to citizens of the Russian Federation in the event of insured events recognized as socially significant in accordance with federal legislation. Social security equalizes the social position of certain categories of citizens in comparison with the rest of the population of the Russian Federation.

Social security is the protection of the most vulnerable segments of the population who, due to objective and subjective reasons, cannot take care of themselves on their own: the disabled, the elderly, children, orphans and others. Social security can be both property-based (services, money, things) and non-property (help from a social psychologist).

In accordance with the Constitution of the Russian Federation (Article 39), the right to social security is one of the main social rights citizens of the Russian Federation.

Main types of social security

By type, social security is divided into social security assistance and social security maintenance.

welfare assistance - assistance that is provided for a certain category of citizens:

• for those who have a specific source of income for subsistence, but were temporarily lost by them and are subject to restoration in the near future, with the subsequent resolution of the issue of insecurity;
• for those who have a regular source of income, but its low size cannot meet the minimum needs;
• for those who, due to force majeure circumstances (catastrophes, natural disasters, poor health), are among the needy.

Social welfare provides the necessary and sufficient funds to those citizens who are not yet able to independently acquire a source of income, or who are no longer able to provide for themselves.

What's the Difference?

The main difference between these two types of social security is that assistance is temporary and is not a basic source of income.

To types welfare assistance include:

• privileges;
• compensation;
• allowances;
• property assistance (food, footwear, clothing);
• social and medical services (some types) at the expense of the Federal Compulsory Medical Insurance Fund.

To types social security content include:

• partial social services (provided by social services);
• pensions.

Form of social security payment

Social security is divided into two forms of payment: cash and in-kind.

The monetary form of payment is divided into:

1. pensions (all varieties and types);
2. allowances (all types).

Payments in kind include:

1. benefits (for example, free medicine);
2. compensation (for example, provision of housing due to disasters, etc.);
3. medical services, including sanatorium treatment;
4. maintenance of homes for the elderly and disabled.

Legislated types of social security

The legislation of the Russian Federation establishes the main types of social security:

• essentials;
• medical and social services;
• privileges;
• social security compensations;
• pensions.

Each type of social security consists of specific varieties. An important feature is that the types of social security themselves are stable and sustainable, and its varieties change depending on the economic, political and social conditions currently taking place in the country.

1 The concept of social security law 2 Types of social security 3 Functions of social security 4 Social protection and social security Conclusion

The concept of social security

The right to social security is one of the basic socio-economic human rights. It is enshrined in Article 26 of the Universal Declaration of Human Rights of 1948 1 , in Article 11 of the International Act on Economic, Social and Cultural Rights of 1996 and other international acts. The term “social security” can be used in various senses: firstly, social security is understood as a special form of distributive relations; second, as a function of the state; thirdly, as a state system and a form of material support for citizens in old age, in case of loss of a breadwinner, disability and in other cases; fourthly, as a branch of law; fifthly, as a right of citizens 2 .

In our opinion, social security is a form of distribution of material goods not for work. In social security, material benefits are distributed to disabled members of society at the expense of the state and special funds in cases and on conditions established in social norms. At the same time, social security can be defined as a system of legal, economic and organizational measures created by the state aimed at compensating for lost wages as a source of livelihood due to the occurrence of circumstances recognized by the state as socially significant.

Social security is carried out at the expense of funds socially earmarked for these purposes. Depending on the source of funds, two types of social security can be distinguished:

State social security, which is carried out at the expense of the state and local budgets;

Non-state social security, which is carried out at the expense of legal entities and individuals - contributors to pension funds.

Types of social security

Regardless of the source of funds, state social security can be carried out in the following forms

Cash payments (pensions, allowances, compensations, material assistance, etc.);

Natural assistance (medicine, food, technical devices for the disabled);

Benefits and services (maintenance in nursing homes for the elderly and disabled, orphanages, social services at home, etc.);

Compensation of additional expenses associated with the treatment, rehabilitation and improvement of the disabled (in a hospital, outpatient, in sanatoriums, nursing homes for the elderly and disabled), travel to and from the place of treatment, retraining (retraining) of the unemployed;

One-time monetary and non-monetary types of support for certain categories of citizens;

According to the subjects of social security, we can distinguish:

1) citizens of disabled age:

pensioners, including the disabled and single;

children, including teenagers;

2) citizens of working age:

unemployed;

temporarily disabled;

disabled people;

large families;

low-income.

Social Security Functions

The essence of social security is manifested in the following functions:

political;

Economic;

social;

Labor;

Demographic;

Rehabilitation.

The economic function of social security is to replace wages or other income lost due to age, disability, or loss of a breadwinner, or to help the poor.

The political function of social security is to maintain social stability and reduce social tension in a society in which there are significant differences in the standard of living of various segments of the population.

The social function of social security is to support the socially unprotected, most needy categories of citizens by allocating additional funds to them.

The labor function of social security is expressed in the fact that the source of funds for all types of social security are labor relations in a given society. All links of the social security system depend on their level of development

The rehabilitation function of social security is to create normal conditions for the restoration of the social status of the disabled and other socially weak groups of the population, which allows them to feel like full members of society.

The demographic function of social security is aimed at stimulating the reproduction of the country's population, which is necessary for the normal development of the state.

The subject of social security law is public relations regarding the provision of citizens with pensions, benefits, compensations, as well as the provision of procedural and human rights services. They include:

Public relations to provide citizens with pensions, benefits, compensations;

Public relations for the provision of assistance in kind, i.e. provision of specific goods, services provided free of charge or at reduced prices;

Public relations of a procedural or procedural nature.

Relations in the field of social security in their economic essence are distributive relations. It is customary to distinguish 5 ways of distribution;

Free, on the basis of equal access for each citizen to the distributed benefits, but in proportion to the reasonable (rational) needs and economic opportunities of society within the social norm (standard) established by the state. For example, when providing medical services, when paying compensations depending on the per capita income of the family, but in any case, not related to the results of labor activity or the payment of pension contributions;

Non-equivalent, but normalized, taking into account the costs of past or current labor, production needs, material security. For example, when assigning labor pensions, targeted assistance to the unemployed, temporary disability benefits;

On the preferential terms with partial payment of the cost, i.e. compensatory non-equivalent. For example, providing medicines at a discount, vouchers for spa treatment, etc.;

For a fee;

By labor in accordance with its quantity and quality. As you can see, these relations are very heterogeneous and require different methods of legal regulation. Relations based on the principle of paid provision of services constitute the sphere of regulation of civil law. They also include distributive relations of the third method, but only in the part that is based on compensation. Distribution relations of the fifth type belong to the sphere of labor law. The distribution relations of the first three ways relate mainly to the law of social security.

For a long time, these relations developed within the framework of labor, administrative, and financial law. But over time, as the legislative material developed, the development of the social security law itself and its features, the social security law emerged as an independent branch of law.

The main type of social relations that make up the subject of social security law are, as mentioned above, pension relations.

Pension legal relations arise in connection with the payment of:

old age pensions;

Disability pensions;

retirement pensions;

Social pensions.

Legal relations regarding benefits arise in connection with the payment of benefits:

For temporary disability;

On pregnancy and childbirth;

In connection with compensation for damage to the health of employees as a result of an accident or occupational disease;

Targeted social assistance to the unemployed;

One-time allowance in connection with the birth of a child.

Legal relations regarding compensations arise in connection with the payment of compensations:

Able-bodied citizens caring for a disabled child under the age of 18, a disabled person of group 1, a person over 80 years old;

Legal relations in connection with the provision of assistance in kind in connection with the provision of:

Goods or services at a discount or free of charge;

medical assistance;

medicines;

Sanatorium-resort treatment;

Vehicles for the disabled;

Vocational education and retraining;

Other perks.

Legal relations of a procedural nature arise in connection with the commission of legally significant actions:

1. establishing legal facts, without which a material relationship cannot arise (for example, in order to assign a disability pension, it is necessary to establish the fact of disability, and to assign temporary disability benefits, it is necessary to establish the fact of disability, etc.);

2. in connection with the realization of the right to social security, i.e. when assigning any type of social security;

Legal relations of a procedural nature are connected with the consideration of disputes arising in this area and appealing against decisions of officials or a state body in an administrative or judicial order. These disputes may arise on various issues: refusal to assign one or another type of social security or when determining its amount in cash, establishing the causes or group of disability, determining the right to benefits, etc.

In addition to the main, pension relations, in the subject of social security, some derivative, procedural relations can be distinguished. These include relations on the formation and use of the Pension Fund, relations on the payment of various benefits, medical and sanatorium services to citizens, the provision of benefits and benefits to war and labor veterans at the expense of state sources.

All these legal relations together constitute the subject of social security.

The relevant types of social security are:

1. pensions, benefits, compensations;

2. assistance in kind;

3. assistance of a procedural or procedural nature.

Types of pension:

1. old age;

2. disability;

3. for long service;

4. in connection with the loss of a breadwinner;

5. social pensions.