Any type of legal relationship is considered a kind of public in the actual aspect, the regulation of which occurs through the norms of the relevant legal industry. So, pension relationship arise when the right to retirement benefits is exercised. If we take into account the fact that today the current pension system of the Russian Federation covers all citizens who are disabled or have reached a specific age, we can note: absolutely every individual is a potential or real participant in this type of legal relationship. So, this topic concerns each of us, and therefore does not lose relevance.
The concept of pension relationship
Pension Relationships - these are public relations regulated through legal norms in terms of social security. As a rule, their occurrence is directly related to the financial support of citizens who have reached the age established by law, as well as those who are recognized as having lost the breadwinner or disabled. Such legal relations take place in the presence of a certain actual system.
It is important to note that pension relationship as well as other legal relations in terms of social security, in accordance with their meaning are distributive in nature. Through their existence, the needs of certain categories of citizens are met, including elderly people, people with disabilities, families in need, as well as people who have lost their breadwinner through material support from funds from targeted pension funds or from budget funds. So, subjects of pension relations - These are the categories of citizens presented above.
Legal relationship to provide pensions to citizens
By the way, the process of development and improvement of legal relations of a pension nature, as well as enrichment in terms of their content, are directly interdependent with social and state opportunities of an economic nature at absolutely every historical stage of qualitative growth and development.
As noted above subjects of pension relations are in some relationship. So, this relationship of citizens and the state itself in the person of certain bodies for the implementation of pension provision is expressed, as a rule, through their subjective legal right related to the receipt of pension provision, provided that the necessary legal acts are in place. In addition, expression is also carried out through the legal duties of the relevant government body (or another one authorized by the state). This right may provide people with some guarantees of support under specific standards and on conditions specified by law. It is legal and obligation unity that forms a real opportunity to introduce into society within pension relationship directly the behavioral attitude that is included in the norms of pension legislation.
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In addition, such an opportunity is supported through coercive state power. So, absolutely every citizen who is a bearer of a legal right of a subjective nature to a certain type of social support is provided by the state with guarantees for the realization of this right through the compulsory provision in the relevant situations of the fulfillment of a legal duty on its presentation to the authorities. That is why pension relationship they suppose the refusal to satisfy the right to a particular type of pension due to the absence, for example, in the administrative documentation of the relevant executive body, which is obliged to provide material support, of funds. It is important to add that such a refusal in one way or another will lead to the adoption of coercive measures in order to fulfill the obligations assigned to it by this body.
Classification of pension relationships
Having fully considered concept of pension relationship, it would be appropriate to move on to the next equally important issue. So, for an extremely in-depth study of the characteristics and the direct essence of pension provision in the science of law, the necessity of separating pension legal relations was argued. So, they were classified by certain species in accordance with specific criteria. Below are relevant to date types of pension relationships:
- Firstly, legal relations to provide citizens with pensions are classified into insurance and non-insurance relations. This classification set a starting point for its existence only at the present stage of the existence of law, because pension support is provided at the expense of mandatory social insurance funds (that is, pension funds) and state budget funds. Besides, legal relationship of compulsory pension insurance in one way or another, they are regulated through legal norms in terms of social support.
- The second criterion for the separation of legal relations regarding pension payments is the type of pension granted. Thus, in accordance with it, it is possible to single out relations concerning various types of pensions. Among them pension relationshiparising in connection with old-age payments, for the length of service of a certain number of years, for disability, loss of breadwinner, as well as social pensions.
Other criteria
In addition to the above classification, the presence of other criteria plays an important role. So, content of pension relations assumes the following separation:
- In accordance with the nature of the conditions due to which the assignment of pension payments is made, the emergence of legal relations for pension provision occurs both on general grounds and on preferential or in connection with unequal (special) circumstances in the course of work.
- In accordance with the period of relevance, pension relationships are considered as ongoing. In addition, depending on the specific period during which they exist, they can be classified into relevant only a specific period of time and indefinite in this regard. The latter include relations due to the payment of pensions, which amount to object of pension relationship, in old age, for length of service, for disability (when they are established indefinitely), as well as for the loss of the breadwinner (when the family member to whom the pension payments are assigned has reached retirement age or has been recognized as disabled with the exception of the re-examination procedure, carried out after). If the above cases are appropriate, the termination of the pension relationship can be caused only by such an event as the death of the recipient of the pension benefits directly, or by completely refusing to receive them.
Duration of pension relationship
It is important to note that the period of relevance of a number of legal relations on pension provision is established through legislative acts through the determination of a specific period.For example, pension payments in case of loss of the breadwinner for minors are made only until they reach the age of eighteen, and for those who receive a vocational education - up to twenty-three years. In addition, the validity period of the legal relationship of the type in question may be directly related to the loss of certain facts of a legal nature, which determine the right to pension support. For example, the employment of an individual who receives a long-term pension of old-age benefits; absolute recovery in relation to the ability to work of a person who was granted a disability pension for a specific period of time, and so on.
It is important to add that the grounds presented in the previous chapters for the separation of pension relations are not exhaustive. They can be used both independently and in various combinations with other criteria that directly reflect the most significant characteristics of the legal relationship of the pension orientation, or with each other.
Compulsory pension insurance legal relationship
It is important to note that in accordance with the law, they are entitled to enter into legal relations in terms of compulsory pension insurance:
- Russian citizens who work directly outside the state in order to pay insurance contributions to the Pension Fund.
- Individuals in order to ensure the payment of insurance premiums for another person, unless the insurance premium is paid for the second by the insured under this Federal Law and the legislation in terms of taxes and fees.
- Voluntary entry into the mandatory pension relationship insurance is relevant for insured persons who pay insurance premiums in a specific amount.
- Individuals in order to pay insurance premiums additionally. It is important to add that they go to a funded pension in accordance with the relevant Federal law.
- In the relationship of compulsory pension insurance individuals of voluntary nature enter into the payment of contributions directly to the Pension Fund for themselves, who on permanent or temporary terms live in Russia. It is important to add that in relation to their compulsory pension insurance does not have any meaning under this Federal Law.
The concept of subjects of pension relations
The subjects of pension legal relations should be understood as citizens and public authorities, which, due to certain legal norms, are able to act as carriers of legal rights and obligations of a subjective nature.
In previous chapters, it was noted that the subject of legal relations must necessarily have the necessary property of a legal nature. That is, as a rule, he is endowed with the ability to bear certain responsibilities (in other words, legal capacity) and to have specific rights. In addition, it is very important whether a person can fully exercise these rights and obligations (in other words, whether he is capable of being competent).
The emergence of pension and legal capacity
It would be advisable to consider the issue of the emergence of retirement and legal capacity in relation to a citizen. In addition, it is important to find out how it differs directly from the civilian one.
In the process of determining the specific purpose of the legal capacity of persons as potential participants in the relationship of pension provision, the fundamental fact is how the corresponding right was granted: as employees of a certain organization, taking into account their labor activity, or as public figures, regardless of their seniority.So, in the first case, individuals are granted a labor pension, and in the second, a social pension. When paying a retirement pension, a mandatory prerequisite for participating in the relevant legal relations is special legal personality as an indissoluble unity of this legal capacity, which is of a pension nature, and similar legal capacity, which absolutely exactly coincide with the legal personality of labor nature in relation to the time of their appearance, that is, from the age of fifteen (for students - from fourteen), but under the mandatory condition of carrying out this kind of labor activity, due to which the individual was subject to otsedure compulsory social insurance.
Conclusion
In conclusion, it is important to note that, in contrast to the legal personality of a citizen of a labor orientation, which is directly related exclusively to reaching a specific age, a special kind of legal personality, one way or another, does not contain the right to participate in a legal relationship of a labor orientation, but the fact of entering into this relationship. So, being a participant in another legal relationship of a labor nature, an individual is in any case subject to the mandatory pension insurance procedure. So, for people who started their own labor activity at the age of fifteen, a special type of pension personality appears directly from this age, despite their minority. When individuals are recognized as disabled, they have the absolute right to participate in a pension relationship regarding the payment of labor pensions, as well as independently exercise the right to these pensions, which is very important today.
These are the features of the functioning of the system of pension relationships in the Russian Federation. They should be known in order to ensure a decent pension at an advanced age or in case of disability.