Social Security Law: Definition, Principles, Methods and Features

In the article, we will consider in detail such a concept as social security law. Almost every person in his life has encountered situations that stem from the theme of our article. Consider the key sides of this issue in order to navigate it and skillfully solve issues. We will discuss the theoretical side rather than the practical one. But, nevertheless, new knowledge can be very useful in practice.

The concept

The right to social security is a complex concept that includes a large set of norms. They regulate social relations in the field of per capita distribution of GDP. In this case, specific methods are used, which we will more specifically consider below. Relationship regulation is carried out by paying cash in the form of insurance, security, social services and medical assistance to people who really need it. All this happens in a certain order, which is established by the state. We can say that in this way the constitutional right of a person to protection is realized.

Thing

We have already examined the concept of social security law, but what is it like in practice? Its subject is a huge subgroup of relations that arise in society. They can be procedural and material in nature. The relationship stems from the need to distribute some of the GDP through a social distribution system. These relations are divided into three main groups:

• relations between people in exclusively monetary form;
• relations that relate to the provision of various services in kind (this may include free medical assistance, household chores, training and assistance in finding work for people with disabilities, issuing them the necessary means of transportation, providing certain benefits, spa treatment, and teaching children);
• procedural and procedural relations, which most often relate to the implementation and protection of a certain right to some type of social protection (this includes the process of establishing facts, providing them to the relevant authorities, actually obtaining this right and protecting it).

Method

The concept of social security law implies the existence of a specific work methodology. The method is a specific set of practices and techniques that allow you to adjust the legal relations between people in the necessary way. Moreover, the method largely depends on the separating nature of the relationship.

Interestingly, this includes both general methods, intersectoral, and specific, which can only be applied in such conditions.

What is characterized by the method of social security law? Here are the fundamental points:

1. The dominance of an imperative way of management, but at the same time its skillful combination with a dispositive way. The full power of the peremptory principle is also noted.
2. Use in work of interaction of the central, municipal, regional and even local levels of management. However, it must be said that in practice, management by agreement, that is, local, most often does not occur. Moreover, all issues related to social security are in the power of the constituent entities of the Russian Federation. At the federal level, there is a certain standard of minimum assistance, which even the subjects of the country can not lower.The field of social insurance is also fully subject to federal law.
3. The possibility of imposing sanctions, as well as the specificity of certain facts, which in the vast majority do not depend on the desire of people. Sanctions can be not only restrictive, but also restorative, but punitive sanctions are never used in this area of ​​law. Moreover, in any difficult situation, damage is compensated to the person in full, and not partially, which is quite possible to achieve in other branches of law. However, the right to social security is a rather undeveloped institution of power. Here, in fact, there are no sanctions that would concern direct, incomplete or belated provision of assistance to people.
4. Comparative autonomy of people in relations with each other.
5. Violated rights are protected in a judicial and administrative manner.
6. The inability to make any decisions about the appropriateness of the provision of services by the authorities that should provide them.

These are the basic provisions on which the social security law method is based.

Functions

There are 7 main functions that the state implements through the law of this area. We list them:

1. Production. It lies in the fact that the provision of the right to social security most often arises from the labor activity of a person. Thus, the level and quality of services directly depend on what kind of activity the person was engaged in and to what extent he received remuneration. Properly implemented social security law allows timely withdrawal from work of those who have lost the ability to work and aging workers.
2. Economic. There is some equalization of people's income due to the fact that in case of loss of work a person receives funds from the state. Promotes the accumulation of cash.
3. The political one is that the protection of social security rights is the implementation of social policy by the state.
4. Social rehabilitation - maintaining people at a social level.
5. Spiritual and ideological.
6. Protective.
7. Demographic - life expectancy increases, fertility is stimulated.

Principles of Social Security Law

We include to them:

• accessibility of social assistance for all citizens;
• the provision of services and assistance without connection with the labor activity of a person, if necessary;
• the establishment of such a level in the system of social security law at which people can live with dignity on the funds received;
• a large number of grounds on which a person can receive help from the state;
• differences in the conditions for the provision of assistance taking into account social circumstances;
• direct participation of public organizations in the process of developing, adopting and enforcing basic norms.

Sources

Sources of social security law are international and Russian. The first include international acts, the Declaration of Human Rights of 1948, conventions and recommendations from the ILO.

The sources of social security law in Russia are federal laws, Presidential decrees and government decrees, but the Constitution plays a key role. Legal acts from federal authorities, subjects of the country and various municipal organizations are also taken into account.

International law

We examined the sources of social security law, but how are the provisions put into practice, especially those drawn up internationally? There are three main methods that are used in Russia:

1. The first means the full adoption and implementation of the norms that are proposed in international acts. This implies that all the provisions are not specifically transformed under Russian law, but simply accepted as they are.Despite the fact that this, it would seem, is not a flexible method, it is quite often and successfully used.
2. The use in Russian law of only part of the proposed norms.
3. Consideration and subsequent implementation of all the norms that foreign colleagues can offer, based on their experience. This method was widely used in the USSR.

Sources of International Law

The main source is the international covenant on social, economic and cultural human rights, which are based on UN principles. The summary of the pact is that the citizens of each state that signs the agreement have the full right to both protection and insurance by the state.

The social security law system in the countries of the former USSR has its own characteristics. The rights of citizens in these states depend on the provisions in the Agreement on guarantees of human rights in terms of pension provision. The agreement was concluded in the spring of 1992 in the capital of Russia. Participants are all CIS countries.

Labor pensions

The right and organization of social security is most clearly manifested in labor pensions. These are payments that occur every month to insure people who can no longer continue to work. Pensions can be granted on various grounds: general and early. The procedure for calculating early pensions is separately stipulated in the legislation. However, the right and realization of social security presupposes the receipt of a pension by persons who did not have a labor activity without good reason. This means that the pension will be paid even to those who did not work on a state basis, that is, did not receive an official salary, from which deductions for social insurance were deducted. These people are assigned a minimum pension.

A labor pension may be accrued for disability. In this case, it all depends on whether a person is registered in certain state structures providing social assistance. In any case, he has the right to do so. And the organization of social security largely depends on the people you choose to local government - remember this.