Today, the implementation of constitutional law in relation to the provision of certain categories of society is organized in various forms of state or non-state type. It is important to supplement that legal forms of social security classified by a number of signs. Among them are the range of facilities, methods and sources of the formation of the necessary funds, types of support, as well as sizes and conditions. What bodies carry out the relevant activities? What kind legal forms of social security are most effective? Why? You can find answers to these and other equally interesting questions in the process of studying the materials of the article.
State insurance
Social security system Social insurance is considered its main form of legal nature. His key idea is to share the risk of losing wages in the social aspect, the need for help from medical staff and other social services, lowering incomes below the state-determined minimum and similar measures carried out between the state and directly employees subject to social insurance. It is interesting to add that this procedure is organized without fail.
In the main social security features It includes the fact that the monetary resources of extrabudgetary funds are state property. So, in no case can they be sent to other goals. An exception are those tasks for which funds were directly formed. This to a certain extent lies the value of social security. According to article 13 of the RF BC, under a state extra-budgetary fund it is necessary to understand a fund of monetary resources, which is formed outside the budgets of Russian entities and the federal fund. It is intended primarily for the implementation of the constitutional rights of civilians to social insurance, pensions, support for the unemployed, health care and, of course, the help of medical staff. Since the second part was introduced in the Tax Code of the Russian Federation and, accordingly, a unified social tax was established, social security systemnamely, the procedure for transferring funds to off-budget funds of a social nature has changed somewhat. These funds include the Russian Social Insurance Fund, the Federal Health Insurance Fund, and the Pension Fund.
Direct appropriation
As it turned out, only a few are very popular today. legal forms of social security. So, direct allocation is very relevant. It is made directly from the federal budget and relates to the pensions of civil servants, military personnel, social services for the elderly and so on. It is important to note that in modern times a huge role is played by legal forms of social securityhaving non-state character. Such details are discussed in the next chapter.
Non-state forms of social security
As it turned out, non-state actors are very relevant today. types of social security. In the first place among them is municipal social support and service. It is important to note that the Moscow government is qualitatively organizing a social policy aimed primarily at significantly improving the living conditions of citizens of all social categories and layers. So, social welfare service without fail provides and monitors the protection of elderly Muscovites, disabled people, families with a certain number of children and other low-income categories of the population. In connection with this decision of the Moscow government of January 16, 2017, a program of comprehensive measures was approved with regard to the social protection of Muscovites. It is important to add that its relevance applies only to the current year. In accordance with this program in social security of citizens The following items are included:
- Compensation for former military personnel with disabilities, as well as their parents, if the former died in peacetime. These payments are supposed to be presented to the categories of persons monthly.
- The right to social security provided to students. The corresponding measure is implemented by increasing the size of subsidies. It is important to add that the event applies only to those who urgently need support.
- Social Securitypensioners. It is made by means of allowances for pension payments in excess of the stipulated norm.
Non-state-owned pension funds
Many social security issues supervise pension funds of a non-state type of property. It is important to note that these organize their own activities in accordance with Federal Law of May 7, 1998 No. 75-FZ “On Pension Funds of a Non-State Type of Property”. Their activity is exceptional. That is why the main legal form of social security is the form corresponding to the non-state pension provision of the fund participants due to the execution of agreements between depositors and the population directly in favor of the participants.
Thus, fund activities in relation to pension provision include the following items:
- Accumulation of direct funds allocated to pension contributions.
- Placement of funds as pension reserves.
- Accounting in terms of pension obligations by the fund.
- Payment of non-governmental pensions to all participants of the fund (for example, social security by age).
Question of charity
To begin with, it should be noted that the regulation of charity in the legal aspect is implemented on the basis of the law of August 11, 1995 number 135-ФЗ "On charity and related organizations", as well as the Law of the city of Moscow dated July 5, 1995 No. 11-46 "On charity" . Charitable activities should be understood as voluntary activities performed by citizens and legal entities in terms of disinterested (on preferential terms or free of charge) transfer of property complexes to individuals or legal entities, where it is necessary to include funds. Also similar types of social security imply the disinterested performance of certain types of work, the provision of certain services, as well as the provision of other types of support. The main purpose of these events is not only social support (although it is primarily it), but also the protection of citizens.
What needs to be included in the number of relevant measures? In accordance with the rules of charity, people who have right to social securityare endowed with the opportunity to improve their own financial situation (applies to poor citizens), as well as social rehabilitation (primarily refers to the unemployed, disabled and other people who are not able to independently exercise their own rights and interests on legal terms due to physical, intellectual nature, as well as other serious circumstances).
Benefit and Compensation
As it turned out, everything legal forms of social security in Russia are positive in nature and, through their functionality, are aimed at improving the lives of citizens. So, state insurance is a traditional method, and the organization of non-state type funds refers to modern events. That is why this practice is rapidly raising its rating in society.
The link enclosing the list in which legal forms of financing social securityare benefits and compensation. As a rule, they are sent to support employees of enterprises, institutions and organizations at the expense of direct profit. A vivid example of this phenomenon can be provided by providing additional days of rest for certain categories of workers.
Final chord
In conclusion, this issue needs to summarize all the methods of social security, which in one way or another relate to the Russian Federation. Thus, today they do not lose relevance:
- Pensions of labor and social nature.
- Insurance benefits in connection with unemployment, temporary disability, pregnancy and childbirth, as well as payments towards citizens with children.
- Services in the field of social support and services for the disabled and the elderly.
- The provision of medical care on free terms in accordance with compulsory insurance programs in the field of medicine.
The right to social security
Under the law of social security it is necessary to understand the most important branch of law, which is independent in nature. This is an organized system, which includes many measures of a socio-economic nature to combat inadequate security for certain categories of citizens and the state as a whole. If all the above forms are summarized, we can conclude that the set of legal forms can be classified into two large classes: social security and insurance, which is mandatory.
Branch of law
If we consider the right to social security as a legal industry, then we can define it as a combination of an organized orientation that relates directly to legal standards, through which the regulation of relations between social security bodies and, of course, citizens of a state is carried out. It is important to note that absolutely every kind of social support of the population, which in one way or another acts as an object of a certain kind of relationship, creates its own attitude as a separate element. That is why the general type of relationship regarding social security totals as many as five types of relationships, including:
- Relations of a pension nature that arise directly between an employee of a particular structure or family and social support bodies upon receipt of one of the many types of pension payments. It is important to add: in order for relations of this nature to nevertheless arise, the implementation of specific legal facts is necessary. So, the age category of a citizen, the length of service or the length of service, the presence of disability, or the fact of the loss of a breadwinner are taken into account.
- Relationships that argue the payment of various benefits: large families, temporary disability and so on.
- Relations directly related to the provision of certain compensations, benefits or services of a social nature to specific categories of persons. This usually includes veterans, people with disabilities, large families, people affected by radiation, and so on.
- Relations of a procedural nature, the occurrence of which is directly related to the appointment of a certain type of social assistance.
- Relations of a procedural nature, which are primarily associated with the resolution of disputes that are relevant when receiving certain types of social support (pensions, scholarships and others). It is important to add that this is only a part that does not intersect with the civil process.
Method and rules of social security law
The relationships indicated in the previous chapter, it is important to note, are the components of the subject of the relevant industry. In this chapter, first of all, it will be advisable to consider the method of law in the field of social security. It is necessary to add that in one way or another it serves as a full reflection of the specifics of regulation of relations in the legal aspect of the social security sphere. So, this method, as a rule, consists of the following features:
- First, social support for certain categories of the population and society as a whole is provided by the state through authorized bodies of institutions or administrations.
- Secondly, additional social assistance is provided in one way or another at the expense of private property funds. The list also includes voluntary social insurance funds.
- In any case, one of the subjects of legal relations for social security is a citizen or family, and the second of them is the direct bodies that carry out social security measures.
It is interesting to add that the legal standards, which are interrelated components of the right to social support, form the system of this industry, constructed as follows:
- The general part indicates the standards expressing the general provisions and characterizing this industry as a whole.
- In a special part, an indication of legal institutions is relevant, the standards of each of which are endowed with their own subject of regulation. They are the most important components of the growing part and include work experience (length of service), pensions, compensation payments, due benefits, social services and so on.
In addition, the right to social security is determined by three fundamental features, among which:
- Universality in relation to social security.
- Diversity and comprehensiveness in terms of species diversity of the population in social terms.
- Implementation of measures of social support for citizens directly from social insurance funds and state budget funds.
It is also important to know that the right to social support is ensured in accordance with some key nuances:
- Firstly, availability. The fact is that in order to exercise the right to social support, it is necessary to have an accessible system that includes the only, or better, several programs for providing benefits for certain social risks or in case of unforeseen situations.
- Secondly, the adequacy. One way or another, adequacy is important in the amount and duration of benefits (it doesn’t matter whether it is about cash or in-kind support). This condition is implemented so that, if necessary, any citizen can use his own right in relation to protection and assistance to the family, an adequate standard of living and accessibility in terms of medical services.
- Third, affordability in economic terms.If a certain program of social support of the population entails the payment of a specific amount of contributions, one way or another, this amount is determined in advance by law. Costs of a direct and indirect nature that are directly related to the costs and, consequently, the payment of contributions, must be affordable, and should not complicate or threaten other rights.
- Fourth, accessibility. The fact is that absolutely all individuals should be covered by the system of social support of the population. This provision particularly applies to poor and needy citizens. It is important to add that social security services must be accompanied by criteria such as affordability and cost-effectiveness.