What is social security of the population? The concept of social security and its functions. List of sources used

In philosophical science, a system is understood as a set of interaction of elements that are interconnected and form some kind of integral unity. Social security fully corresponds to the characteristics of the system. This is a holistic formation consisting of many sets that are interconnected.

Having defined the concept social security, it is necessary to give its component (elemental) and structural analysis as a system. Every system has internal organization(structure), which is a set of stable connections of an object that ensure its integrity.

Social security - system with complex structure, the content of which may vary depending on what is taken as its basis. There are two main structures: the social relations structure and the social security structure.

The structure of social relations is the essence of the structure of social security as a system of social relations. What types of social relations need to be taken into account here? Social security consists of interconnected various types public relations: economic, social, political and legal.

Social security relations as economic relations are part of distribution. How economic category social security expresses a set of relations regarding the creation, distribution, redistribution and consumption of the socialized part of the necessary and part of the surplus product.

Social security relations are part of public social relations. As such, they are associated with providing people with the means of subsistence and the expanded reproduction of man as a productive force. Through social security institutions, certain categories of people are provided with the means of subsistence: those who have reached retirement age, disabled people who have temporarily lost their ability to work, families with children, the unemployed, the poor, etc. Social relations are based on economic relations and are conditioned by them.

In the political aspect, social security reflects the goals of the state's social policy in this area. Being political in nature, social security relations are closely interconnected with economic and social relations as elements of the social security structure. Economic relations, being the main ones in this structure, through the mechanism of interests influence political relations determining influence. The connection between political and social relations is expressed in the following. Social relations determine the content and direction of political relations. Within the framework of political relations, current social problems are solved. Social policy acts as a form of organization of social relations.

One of the most important elements of the structure of social security as a system of social relations is legal relations. Their importance is determined by the role of law in achieving the goals of social security. The content of legal relations in the structure of social security is determined by the economic, social, and political relations included in it. The legal impact on social security relations (economic, social, political) is limited by the nature of the relationship between the economy, social sphere, politics and law. As is known, law is secondary to economics and ultimately depends on the basis. Therefore, the interaction of legal and economic relations is determined by the relationship between economics and law.

Social relations create the basis for interaction, existence and development of ideological, including legal, relations. However, they are associated with legal relations indirectly, through political relations. Law regulates only those social processes, which are reflected in the policy on at this stage development of society.

Legal and political relations in the field of social security are closely linked. Social policy requires the state to use legal means. In turn, social policy not only uses legal norms as a means to achieve its goals, but also contributes to the improvement of law.

A study of the structure of the social security system requires a preliminary clarification of the concept of this system. From the previous theses we can conclude that the components of this system include funds, security subjects, types of security, law, more precisely the part of it that concerns the regulation of social security, as well as the bodies that carry out this security. This makes it possible to define the social security system as a system of interconnected and interacting monetary sources, security entities, bodies and institutions, types of security and regulatory legal acts.

The components of the system under consideration are its parts (state and non-state) and subsystems (financing, management, security entities, types of security, legal) aimed at realizing the rights of citizens in the field of social security. Each of them forms a relatively independent system with its own internal composition, at the same time they all actively interact, resulting in the normal functioning of the system as a whole.

The public sector financing subsystem is based on two methods (organizational and legal forms) of financing: compulsory social insurance and budget financing.

Compulsory social insurance includes:

• 1) health insurance;
• 2) pension insurance;
• 3) insurance in case of temporary disability;
• 4) maternity insurance;
• 5) insurance in case of death of the insured person or a minor member of his family;
• 6) insurance against accidents at work and occupational diseases.

Insured persons, policyholders and insurers participate in the field of compulsory social insurance. Insured persons are citizens Russian Federation, as well as foreign citizens and stateless persons working under an employment contract, persons who provide themselves with work, other citizens if the legislation of the Russian Federation provides for the payment by them or for them of insurance contributions for compulsory social insurance.

The insured here are organizations of any organizational legal form, as well as citizens obliged, in accordance with federal laws on specific types of compulsory social insurance, to pay insurance premiums. In some cases, policyholders may be executive authorities and authorities local government. Insurers are non-profit organizations created to ensure the rights of insured persons in the event of insured events. Such non-profit organizations are the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the FFOMS and the TFOMS. In addition to the Law on the Fundamentals of Social Insurance, relations in this area are regulated by the Law on Compulsory Health Insurance, the Law on Accident Insurance, the Law on Compulsory Pension Insurance, and the Law on Temporary Disability Benefits. Insurance premium rates are established by the Insurance Contributions Law. For 2012-2016 These tariffs are: G1F RF - 22%, FSS RF - 2.9, FFOMS - 5.1% within the maximum base for calculating insurance premiums. In addition, in 2012-2015. for amounts in excess of the maximum base for calculating insurance premiums, contributions are provided at a rate of 10%, paid to the Pension Fund of the Russian Federation. For self-employed persons ( individual entrepreneurs etc.) features are provided: in the FFOMS (mandatory) and the Social Insurance Fund (upon voluntary entry into relations for the corresponding type of insurance), a fixed contribution amount is established in the amount of the minimum wage multiplied by the corresponding tariff, increased by 12 times, in the Pension Fund of the Russian Federation - depending from the payer's income.

Insurance rates for compulsory social insurance against industrial accidents and occupational diseases are established by federal law for the next financial year and planning period. These insurance rates are differentiated by professional risk classes.

The second way to finance the state part of the Russian social security system is budget financing. Budget financing is provided from the federal budget and the budgets of the constituent entities of the Russian Federation. The federal budget provides social security for military personnel and employees law enforcement and members of their judges, federal judges, persons affected by radiation exposure, etc. The budgets of the constituent entities of the Russian Federation finance the payment of monthly child benefits, social services, state social assistance, and social support.

Budgetary financing is regulated by the Budget Code of the Russian Federation dated July 31, 1998 No. 145-FZ, federal laws on the federal budget for the corresponding year and laws of the constituent entities of the Russian Federation on the budgets of the constituent entities of the Russian Federation for the corresponding year. These acts define the expenditure obligations of the Russian Federation and the constituent entities of the Russian Federation in the field of social security. Among federal laws providing individual species social security at the expense of the federal budget, the Law on Pension Security for Military Personnel, the Law on State Pension Security, the Law on Social Protection of Disabled Persons, the Law on Veterans, etc.

The subsystem of financing the non-state part of the social security system of the Russian Federation includes funds from local budgets, funds from employer organizations, medical insurance organizations, and non-state pension funds. With the help of these sources, municipal social security, corporate social security, additional health insurance, and non-state pension provision are provided.

The public sector management subsystem includes a system of bodies and institutions providing social security. It forms two interconnected subsystems: federal state executive authorities and federal state institutions, as well as state executive authorities and state institutions of the constituent entities of the Russian Federation. This is based on the provisions and. "w" part 1 art. 72 of the Constitution of the Russian Federation stating that social protection, including social security, is under the joint jurisdiction of the Russian Federation and its constituent entities, as well as Part 2 of Art. 77 that, within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and its subjects, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form unified system executive power in the Russian Federation. The unity of this system is one of the manifestations of the unity of the system of state power in the Russian Federation (Part 3 of Article 5 of the Constitution of the Russian Federation). The federal executive authorities include: the Ministry of Health of Russia, the Ministry of Labor of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, etc., and their territorial bodies.

The Russian Ministry of Labor occupies a special position in the system of these bodies. According to the Decree of the Government of the Russian Federation dated May 31, 2012 No. 535 “Issues of the Ministry of Labor and Social Protection of the Russian Federation”, this ministry is a federal executive body exercising functions in the development and implementation of state policy and legal regulation in the field of demography, labor, living standards and income, wages, pensions, including non-state pensions, social insurance, conditions and protection of the breast, social partnership and labor relations, employment and unemployment, labor migration, alternative civil service, state civil service (except for issues of remuneration), social protection and social services population, including social protection of families, women and children, guardianship and trusteeship of adult incapacitated or not fully capable citizens, provision of prosthetic and orthopedic care, rehabilitation of the disabled and medical and social examination, as well as management of state property and provision of public services in the established field of activity.

The priorities of the Russian Ministry of Health are defined in the Decree of the Government of the Russian Federation dated May 31, 2012 No. 533 “On some issues of organizing the activities of the Ministry of Health of the Russian Federation, the Federal Service for Surveillance in Healthcare and the Federal Medical and Biological Agency.” The Ministry coordinates and controls the activities of the Federal Service for Healthcare Supervision and the Federal Medical and Biological Agency of Russia under its jurisdiction, as well as coordination of the activities of the Federal Compulsory Medical Insurance Fund. In addition, the Russian Ministry of Labor coordinates the activities of the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation.

Social security for military personnel, law enforcement officers and members of their families is carried out by federal executive authorities, where citizens perform military and law enforcement service.

Social security at the expense of compulsory social insurance funds is carried out by the Pension Fund of the Russian Federation and its territorial institutions, the Social Insurance Fund of the Russian Federation and its territorial institutions, and medical institutions.

The Pension Fund of the Russian Federation and its territorial institutions, in accordance with the Regulations on the Pension Fund of the Russian Federation, approved by Resolution of the Supreme Council of the Russian Federation dated December 27, 1991 No. 2122-1, assign and pay pensions from January 1, 2015 under the Law on Insurance Pensions and the Law on State pension provision.

The Social Insurance Fund of the Russian Federation and its territorial institutions, in accordance with the Regulations on the Fund, approved by Decree of the Government of the Russian Federation of February 12, 1994 No. 101, pay one-time and monthly insurance payments to insured persons who suffered from industrial accidents and occupational diseases, pay the costs of their rehabilitation, etc. .d.

The powers of state authorities of the constituent entities of the Russian Federation in the field of social security are outlined in Art. 26.3 of the Federal Law of October 6, 1999 No. 184-FZ “On general principles organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and a number of other federal laws. These include both the powers of state authorities of the constituent entities of the Russian Federation on subjects of joint jurisdiction, exercised by these bodies independently at the expense of the budgets of the constituent entities of the Russian Federation, and the powers of the Russian Federations on subjects of joint jurisdiction, transferred for implementation by state authorities of the constituent entities of the Russian Federation, which are carried out at the expense of subventions from the federal budget or the budgets of state extra-budgetary funds of the Russian Federation.

The management subsystem of the constituent entities of the Russian Federation includes executive authorities that deal with social security: ministries, administrations, departments, committees for social protection of the population, health care. Thus, according to the Regulations on the Ministry of Social Policy of the Sverdlovsk Region, approved by Decree of the Government of the Sverdlovsk Region dated May 12, 2012 No. 485, this Ministry is the regional executive body of state power of the Sverdlovsk Region, participating in the implementation of a unified state policy and exercising powers to provide public services and management in the sphere of social security and coordinating in this area the activities of other executive bodies of state power of the Sverdlovsk region. The territorial bodies of this Ministry are the social policy departments.

The social security management subsystem of the constituent entities of the Russian Federation also includes social service institutions owned by the constituent entities of the Russian Federation (centres social assistance families and children, comprehensive social service centers, etc.).

The management subsystem of the non-state part consists of local governments, the administration of employing organizations, the administration of medical insurance organizations and non-state pension funds.

In Art. 20 of the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” stipulates that local government bodies have the right to establish additional measures at the expense of the municipal budget social support and social assistance for certain categories of citizens, regardless of the presence in federal law of provisions establishing this right. In addition, Art. 19 of this Law provides for the possibility of vesting local government bodies with separate state powers. The vesting of local self-government bodies with certain state powers of the Russian Federation is carried out by federal laws, and by individual state powers of the constituent entities of the Russian Federation - by the laws of the constituent entities of the Russian Federation.

Management in the field of social security is carried out taking into account the provisions of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services.” This Law regulates relations arising in connection with the provision of state and municipal services, respectively, by federal executive authorities, bodies of state extra-budgetary funds, executive authorities of the constituent entities of the Russian Federation, as well as local administrations and other local government bodies exercising executive and administrative powers. The Law defines the concepts of public service, municipal service, establishes the responsibilities of bodies providing state and municipal services, including requirements for organizing the provision of services in electronic form, provision is made for the inclusion of services in the register of public services and registers of municipal services. The Law pays special attention to administrative regulations: requirements for their structure have been established, General requirements to the development of their projects, requirements for the provision of state or municipal services, rules for the use of information and telecommunication technologies in the provision of state and municipal services are provided.

Social security management in employing organizations, medical insurance organizations, and non-state pension funds is carried out by their heads, as well as specially created structural units.

The subsystem of subjects providing the state part of the social security system covers almost the entire population of the country. Some citizens are insured, while others are provided for from budgetary funds (federal budget, budget of constituent entities of the Russian Federation). Certain groups of citizens can be provided for both from compulsory social insurance funds and from budget sources (federal judges, state civil servants, prosecutors, etc.).

The subsystem of subjects providing support for the non-state part includes residents of individual municipalities, employees of certain organizations, citizens who have entered into relationships under voluntary additional health insurance, as well as non-state pension provision. As a rule, they can simultaneously receive support from funds from compulsory social insurance, the federal budget, and the budget of the constituent entities of the Russian Federation.

The subsystem of types of support for the state part of the social security system of the Russian Federation is represented by a system of cash payments, in-kind types and services. It is made up of blocks that combine homogeneous, related types of support, which can be considered as relatively independent systems: pension, cash benefits and compensation payments; medical care; social services; social support; state social assistance; additional social security. Each system of types of support can be divided into subsystems.

Types of non-state social security are municipal pensions (additional payments to pensions), social support measures, corporate pensions, additional medical services, non-state pensions, etc.

The legal subsystem of the state social security system consists of regulatory legal acts of federal government bodies and government bodies of constituent entities of the Russian Federation. The legal subsystem of the non-state part includes municipal legal acts, charters of organizations, their collective agreements and local acts, local acts of medical insurance organizations and non-state pension funds.

The functions of social security are the directions of influence on society determined by its nature and purpose.

There is a chain of connections between social security and society as a system and its elements. Society and its constituents influence social security. This impact is primary and decisive. At the same time, a chain of feedback takes place: social security, through its functions, influences the factors that determine it. By performing these functions, social security is an active factor in the development of society.

The impact on society is carried out by social security as an integral system. At the same time, each of the main spheres of society is affected by a corresponding function. Since society is divided into five main spheres: economic, social, political, spiritual-ideological and family-domestic, it is necessary to distinguish between the economic, social, political, spiritual-ideological, and demographic functions of social security.

The economic function of social security lies in its positive impact on the economy, on the interests and needs of people as participants in the production process. It has a complex internal structure and consists of a number of interrelated subfunctions: distribution, support and production.

With the help of the distribution subfunction, specific material goods and services are brought to consumers in a special economic way. This subfunction contains methods

accumulation of funds in special funds and their distribution for various purposes - these are the actions of state bodies, local governments, and deduction organizations Money to funds intended for social security, in the direction of the specified funds for the payment of pensions, benefits, services for pensioners, etc.

The essence of the provisional subfunction is to maintain a sufficient level of material well-being of persons for whom social security funds (pensions, benefits, etc.) are a source of livelihood, and to prevent the impoverishment of the people.

The production subfunction includes stimulating citizens to work, as well as increasing labor productivity, reproduction work force by creating favorable conditions for developing the ability to work among minors and liberating labor resources from elderly and disabled workers. Thus, social security contributes to the creation of market relations and economic reforms.

The social function reflects the relationship between social security and the social subsystem of society. Social security is aimed primarily at preventing, mitigating or eliminating the consequences of various life situations. Depending on the specific situation in social function One can distinguish protective, rehabilitation and compensatory subfunctions.

The protective subfunction is to protect citizens from the adverse consequences of life situations (illness, disability, old age, etc.), as well as from the consequences of the transition to a market economy (unemployment, etc.). This happens through the payment of pensions, benefits, financial assistance, provision of services, etc.

The rehabilitation subfunction consists of restoring the physical and other abilities of the disabled, adapting them to normal conditions. It is carried out with the help of such types of support that help restore the working capacity of citizens and involve them in work activities (disability pensions, temporary disability benefits, maternity benefits, employment and vocational training for disabled people, supplying them with prosthetic and orthopedic products and mobility aids etc.).

The compensation subfunction is compensation for lost earnings or income, as well as increased expenses in the event of loss of earnings or income, a decrease in the level of material security due to retirement in old age, disability, the loss of a breadwinner, in the event of the birth of a child, and an increase in retail prices for consumer goods, unemployment, etc.

13 The political function includes the connection between social security and politics, primarily social policy. Social security serves as a means by which the goals of social policy are realized. Its institutions and institutions contribute to the practical implementation of socio-political measures planned by the state. Social security plays an important role in solving

a number of general tasks of social policy in the modern period: preventing a further decline in the living standards of the population, improving the financial situation of its various groups and strata, reducing the growth of social tension in society.

The spiritual and ideological function of social security is determined by the connection between social security and the spiritual and ideological sphere of society. Social security interacts both with the social sphere as a whole and with its components - various forms and levels of social consciousness, primarily with ideology, morality, and social psychology. Therefore, within this function we can conditionally distinguish ideological, moral and socio-psychological subfunctions.

The ideological subfunction constitutes the relationship between social welfare and ideology. Ideology reflects the views of classes and strata of society on various aspects of life, including social security, and actively influences its character and essence. In turn, effective social security has a positive effect on people’s consciousness and strengthens their trust in the state.

The moral subfunction covers the relationship between social welfare and the ethical views existing in a given society. Of significant importance here are ethical views society's attitude towards the poor, children, the elderly, and the disabled. Social security includes the provision of material assistance to economically inactive citizens, provision for families who have lost their breadwinner, assistance in raising children, etc. In addition, thanks to the moral subfunction, social security helps to strengthen moral principles in society.

The socio-psychological subfunction is based on the relationship between social welfare and social psychology. Confidence in the future is of particular importance to a person. Social security contributes to the realization of people's confidence in the future, their social security, thereby having a positive impact on the development of social psychology.

Semyakin M. //. Economics and law: problems of theory, methodology and practice. M., 2006.

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 normative legal acts, and this definition is reproduced by the scientific and legal communities as legal, officially approved.

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

In everyday consciousness, social security refers to various types of assistance from society and the state to individuals, categories and segments of the population.

In the “Dictionary of the Russian Language” by S.I. Ozhegov gives the following interpretation of the word “provide”: 1) to provide sufficient material means of life; 2) provide something in the required quantity; 3) make it completely possible, valid, realistically feasible; 4) protect, protect (obsolete).

In scientific, educational and reference literature, the concept of social security is formulated differently, based on the positions and 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 social relations for the distribution of extra-budgetary 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 costs for maintaining and raising children, supporting other family members in need of care, lack of funds in the subsistence level for objective socially significant reasons, as well as for the provision of medical care and social services.”

M.O. Buyanova, SI. Kobzeva, Z.A. Kondratyev believe that social security is “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 extra-budgetary 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 situation these citizens in comparison with other members of society."

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

In the textbook G.V. Suleymanova “The Law 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 situation of citizens, and in cases provided for by the legislation of the 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 the protection of their health and carried out at the expense of specially created extra-budgetary compulsory social insurance funds, formed from insurance contributions (unified social tax) and allocations from the state budget of the Russian Federation by authorized bodies in the manner established by law.”

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

One of the largest Soviet legal scholars R.I. Ivanova views social security as a sociological category that has universal human value. In her opinion, social security is “a form of distribution of material benefits not in exchange for labor expended in order to satisfy the vital personal needs (physical, social, intellectual) of the elderly, sick, disabled, children, dependents, those who have lost their breadwinner, the unemployed, all members of the society for the purpose of protecting the health and normal reproduction of the workforce at the expense of special funds created in society, in cases and under the conditions established in social, including legal, norms.” This definition reflects the essence of social security, regardless of 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 nature of the organizational and legal methods established in society for distributing the total social product through the social security system”;

b) “objective grounds that create the need for a special social protection mechanism 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) “consolidating the rules for the provision of social security in social, including legal, norms.”

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

The literature identifies the following functions of social security:

1) economic function. It lies in the fact that the state, distributing a certain part of the country’s gross domestic product (GDP), influences the equalization of citizens’ incomes 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, compensation for additional expenses (for example, when giving birth and raising a child);

2) production function. It is expressed in the fact that the implementation of many types of social security (such as old-age pensions, temporary disability benefits, child benefits and others) is determined by 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 types of material support, social conditions, benefits in order to maintain a decent standard of living” and “restoration of full human life”;

4) political function - allows the state through
social security 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 of the population, population reproduction and others.

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

IN economic aspect social security “serves as a certain tool used by society and the state to solve one of the most pressing problems - the social problem of inequality of personal income of people, which is not a consequence of inequality in labor productivity and production efficiency.”

Social security is also a legal category, since “states implement a policy of income redistribution through a legal mechanism, establishing by normative means the organizational and legal methods of implementing social security; the procedure for the formation of 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 protecting violated rights.” All of the above forms the 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 cases where, due to objective circumstances, he needs help and support, thereby restoring his status as a full member of society.

As a political category, social security is “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 extra-budgetary funds in the event of events recognized as socially significant, in order to equalize the social status of these citizens in comparison with others members of society"

Of particular importance to scientific development social work and social studies in general in modern Russia it becomes necessary to indicate the relationship and correlation of the concepts “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 Basics of Compulsory Social Insurance” (No. 165-FZ dated July 16, 1999) compulsory social insurance- “part of the state system of social protection of the population, the specificity of which is the insurance of working citizens from possible change financial 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, Soviet social security authorities (social security agencies) have been renamed into the system of social security authorities, which is being formed as a social institution, including a set of norms, principles, institutions, and organizations.

Unfortunately, to date, the organizational and legal essence of the concepts “social protection”, “social security”, as well as their interrelation and correlation has not been defined at the official level. It must be said that in the public consciousness 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 the socially vulnerable. P.M. Sadykov gives the following definition: “social protection is the 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 protection system.

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

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

2) to mitigate the negative results of economic reforms (indexation of citizens’ incomes, establishing standards for wages, minimum vacation duration, providing citizens with housing, etc.);

3) to create a favorable environment and health protection;

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

Based on this, we can conclude that:

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

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

That is, social protection is understood as more universal, more wide system support of the population than social security, which is focused not only on classic social risks (old age, disability, temporary incapacity for work, etc.), but also on risks caused by the new socio-economic and political situation.

To some extent, this relationship between social protection and social security can be judged based on Part 1 of Article 72 of the Constitution of the Russian Federation, which states that “under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation are:<...>and)<...>social protection, including social security;<...>».

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

Thus, the concept of “social protection” is much broader and more comprehensive than the concept of “social security”; Social security is part of the social protection system of the population and is its integral element.

Social Security is also one of the critical technologies social work. Samu social work can be defined as the activities of the state, public organizations and individuals aimed at solving social problems groups, individuals, to provide social assistance and services to people who find themselves in difficult life situations.

Traditionally, technology is understood as “a set of methods of processing, manufacturing, changing the state, properties, form of raw materials, materials or semi-finished products during 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 implementing 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 general technologies of social work, that is, those that are applicable to all objects of social work.

As they say in textbook“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 multidimensional and multifunctional phenomenon. modern society, the essence of which is to ensure and protect an optimal standard of living and maintain the social status of the individual. for raising children and in other cases, established by law" It is emphasized that “state pensions and social benefits are established by law and must ensure a standard of living not lower than the minimum subsistence level established by law.”

In the Republic of Bashkortostan it is currently accepted a large number of laws, decrees, regulations and other acts relating to 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 disabled people 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 family, motherhood and childhood and improvement of the demographic situation in the Republic of Belarus” and others.

Finally, the purpose of local acts themselves is “to raise the level of social protection in a specific organization (for example, a collective agreement or agreement of a specific organization).”

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

Forms and types of social security

IN real life Social security comes 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 characteristics by which one or another form of social security is distinguished:

a) sources and methods of financing;

b) circle of secured persons;

c) types of security;

d) bodies providing security.

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

G.V. Suleymanova identifies two such forms:

“1) state social insurance, carried out at the expense of insurance contributions, in the amounts and manner determined by law;

2) state social security, carried out at the expense of budgetary funds, including state social assistance to low-income citizens.”

HER. Machulskaya and Zh.A. Gorbachev defines three organizational and legal forms: “state compulsory social insurance; social security through direct allocations from the federal budget; state social assistance."

M.L. Zakharov and E.G. Tuchkov highlight “compulsory social insurance; social security at the expense of budgetary funds; a mixed form of social security applied to certain special subjects.”

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

G.V. Suleymanova also identifies forms of social security depending on the method of meeting needs: natural(social services, prosthetic and orthopedic assistance for disabled people, etc.) and monetary(pensions, payments, etc.).

First organizational and legal form Social Security is social insurance. The Federal Law of July 16, 1999 “On the basis of compulsory social insurance in the Russian Federation” defines that compulsory social insurance is “a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social situation of workers citizens, and in cases provided for by the legislation of the Russian Federation, other categories of citizens due to their recognition as unemployed, work injury or occupational disease, disability, illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as old age, the need to receive medical care, sanatorium- spa treatment and the onset of other<...>social insurance risks...".

Social insurance is “an institution for social protection economically active population from the risks of loss of income ( wages) due to loss of ability to work (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. Insurance contributions are deducted from the salaries of employees to extra-budgetary social insurance funds, which will be the insurers (Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, compulsory medical insurance funds). “These contributions are considered as a deferred part of workers’ earnings for their future social security (in some cases and family members) in the form of appropriate pensions, benefits, social services, and medical care.” Insurance premiums are directly paid by organizations, enterprises, institutions (for insurance of the working population), as well as state executive bodies, federal bodies and bodies of constituent entities of the Russian Federation and local governments (for insurance of the non-working population), which are called policyholders.

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

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 under compulsory social insurance. These types include: payment for medical care; old age, disability, survivor pensions; benefits for temporary disability, due to work injury and occupational disease, pregnancy and childbirth, unemployment and others.

Currently, in Russia there is no single social insurance fund, from whose funds all types of support for compulsory social insurance would be provided. Therefore, each extra-budgetary fund makes its own insurance payments: the Pension Fund pays labor pensions, the Social Insurance Fund - temporary disability benefits, maternity benefits and others, the Compulsory Medical Insurance Fund pays the costs of medical treatment. Their general management is carried out by the Government of the Russian Federation.

The sources of funds for extra-budgetary funds are, in addition to insurance premiums, the unified social tax, federal budget subsidies, penalties and others.

The second organizational and legal form of social security is social security from 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 of social security to the entire population, regardless of belonging to certain categories of citizens, at the expense of budgetary allocations.”

The circle of persons provided for at the expense of budgetary funds includes:

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 valid.” This category includes, for example, military personnel, police officers, FSB, and tax police. They are paid pensions, benefits and other types of social security from 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 we can name such as social benefits in connection with the birth of a child, social benefits for funerals, vocational training and employment of disabled people, 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 from budgetary funds.”

Many bodies finance social security from budget funds: the Ministry of Defense, the Ministry of Internal Affairs, the FSB and other departments, as well as the bodies of social protection of the population, health care, education, employment, guardianship and trusteeship and others.

In the system of this form of social security there is a subsystem - state social assistance. It was established by the federal law of July 17, 1999 “On State Social Assistance” and is currently in the formation stage. Its subjects are “only low-income individuals and families, and the basis for the provision of social benefits or services is 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 low-income and has the right to receive state social assistance. Thus, the right to social assistance is not conditional on participation in labor activity or payment of insurance premiums.”

Recently, in our country, lawyers have identified and distinguished a mixed form of social security. Here, “both social insurance funds and budget funds are used simultaneously” to provide for certain categories of citizens - deputies, judges, prosecutors and others. On the one hand, they, like all other working citizens, receive security in the form of compulsory social insurance, and on the other hand, “taking into account the special significance of their activities, the state introduces for them some types of security at the expense of budgetary funds” (for example, lifelong cash maintenance of judges, additional payments to pensions, etc.).

Let's look at the types of social security, dividing them into groups: pensions, benefits, payments, benefits, social services, medical care and treatment.

1) Pension(from the Latin word pensio - payment) - “regular cash payment as financial support for old age, disability, long service, 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 financed by the Pension Fund of the Russian Federation, where employers pay insurance contributions for their employees. This insurance covers working citizens and their families.

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

The pension system “is a complex technological chain consisting of a number of links - from assignment to payment of pensions.”

All pensions are divided into “ labor pensions included in the compulsory pension insurance system, and budget pensions- on state pension provision."

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 their retirement pension or lost by disabled family members of the insured persons due to the death of these persons...”. The regulatory framework for the appointment and regulation of such pensions is the federal laws “On Labor Pensions in the Russian Federation” dated December 17, 2001 and “On Compulsory Pension Insurance in the Russian Federation” dated December 15, 2001.

Distinguish four types labor pensions: old age, disability, loss of a breadwinner, long service.

The following have the right to receive a budget pension:

“1) persons who are members of the federal public service RF;

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.”

Main normative act regulating relations in the field of such pensions is the Federal Law “On State Pension Provision in the Russian Federation” dated December 15, 2001.

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

2) Benefit- this is “a cash payment assigned to citizens for a certain period of time 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, the following types of benefits are distinguished: 1) benefits for citizens with children; 2) benefits for temporarily disabled citizens; 3) benefits for the unemployed; 4) other benefits (for example, refugees, orphans, social benefits for funerals).

3) Compensation payments(compensation) is “reimbursement to citizens of expenses incurred by them, 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, compensation is allocated to: mothers, other relatives who actually care for a child under 3 years of age; students, graduate students 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 "the provision of special advantage or preference to certain categories of citizens ...". There are benefits:

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

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

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

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

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

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) Professional education and employment disabled people as a type of social security becomes especially important in modern conditions. The state provides disabled people with employment guarantees. In accordance with the Federal Law of the Russian Federation “On the social protection of disabled people in the Russian Federation,” a set of measures is provided aimed at increasing their competitiveness in the labor market. These include:

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

Reservation of jobs in professions most suitable for employing people with disabilities;

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 rehabilitation programs. 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 be granted leave without pay for up to 2 months at their request;

Creating conditions for entrepreneurial activity disabled people;

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

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

8) Prosthetic and orthopedic care for 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, maintain the standard of living in the event of objective life circumstances (social risks). The implementation of social security is the task of the state, which, like a loving father caring for his children, provides (from the words “baker” (care), “care”) its citizens with sources of livelihood, guarantees protection from social risks (illness, old age, disability, unemployment, etc.), supports welfare, social justice and solidarity, mitigates 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;

3) currently, social security in Russia is based on a significant system of regulations at various levels and is part of the structure of the institution of social protection of the population;

4) modern social security operates in the forms of social insurance and state budgetary support.

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2.4. State system of social services (social services)

Along with the monetary form of social security for citizens - in the form of pensions and benefits - in Russia there is also a widely ramified natural form of the state social security system - in the form of social services, social services.

The federal laws regulating relations regarding social services for citizens did not clearly indicate the forms and types of social services and social services. Only since January 1, 2015, in accordance with the Federal Law of December 28, 2013 No. 442-FZ “On the Basics of Social Services for Citizens in the Russian Federation” (Law on Social Services), forms of social services have been defined. These include: social services at home; semi-stationary social services; inpatient social services.

The listed forms of social services for citizens are provided in the following types of institutions: inpatient institutions social services; comprehensive social service centers for the population; territorial centers for social assistance to families and children; social service centers; social rehabilitation centers for children and adolescents (minors); assistance centers for children left without parental care; social shelters for children and adolescents; centers for psychological and pedagogical assistance to the population; emergency psychological assistance centers by telephone; social assistance centers at home; overnight stay homes; special homes for lonely elderly people; gerontological centers; other institutions providing social services.

Since January 1, 2015, it has been legally defined government system social services, which can be presented in the following form:

– social and household;

– social and medical;

– socio-psychological;

– social and pedagogical;

– social and labor;

– social and legal;

– services in order to increase the communicative potential of recipients of social services with disabilities, including disabled children;

– urgent social services.

This list of services is provided to different categories of citizens: the elderly, the disabled, families with children who find themselves in difficult life situations. The specific type of services provided depends on the type of institution (or form) of social service.

The range of services provided to citizens is determined by law by the executive authorities of the constituent entities of the Russian Federation. Typically, the services provided are specified in a list guaranteed services approved in the region. Let us list the most typical of them: material and household services; services for organizing catering, everyday life, leisure; social and medical services; sanitary and hygiene services; legal services; rehabilitation services; funeral services.

Some of them may be provided to citizens in different combinations and combinations.

In turn, using the above classification criteria, the named social service systems may have their own corresponding subsystems.

The social service system for the elderly and disabled includes three main subsystems:

– inpatient social services for the elderly and disabled;

– semi-stationary social services for the elderly and disabled;

– social and medical care at home for the elderly and disabled.

In the emergency social service system, the following subsystems can be distinguished:

– temporary shelter;

– free social and advisory assistance.

The system of social rehabilitation of disabled people can be defined as consisting of the following subsystems:

– medical rehabilitation of disabled people;

– professional rehabilitation of disabled people;

– employment of disabled people;

– prosthetic and orthopedic care for disabled people;

– providing disabled people with means of transportation.

The system of social services for children can be presented in the form of the following subsystems:

– social services for children preschool age in preschool children's institutions;

– social services for orphans and children left without parental care;

– social services for children in foster families.

As we can see, there is no clearly defined differentiation of the national social service system into insurance and budgetary ones. At the same time, there is such a type of compulsory social insurance as insurance of industrial accidents and occupational diseases 14
Federal Law of July 24, 1998 “On compulsory social insurance against accidents at work and occupational diseases” (with subsequent amendments and additions).

It would be logical to assume that there is a separate insurance system for social services for victims of industrial accidents or occupational diseases. But there is no such independent insurance system. Social services and social services to such affected citizens are provided by institutions in the forms and types outlined above. The Social Insurance Fund of the Russian Federation, as an insurer, provides insurance compensation for the cost of maintenance and social services according to the rules, regulations and in the manner established in the current legislation on this type of social insurance.

2.5. State system for providing medical care and treatment

The Constitution of the Russian Federation establishes the right of citizens to health protection and medical care (Articles 20, 41).

Public relations in the field of health protection between medical institutions and citizens are complex in their composition, therefore in the legal literature there is no single point of view about their sectoral affiliation. However, many researchers believe that such relations are regulated by the norms of civil and administrative law.

In this regard, it is advisable to consider medical care and treatment provided to citizens free of charge or for partial payment, within the framework of the subject of social security law. We call these types of medical care and treatment social, because medical organizations provide them to citizens on an alimentary basis, that is, without any obligations on their part.

Consequently, medical care provided to citizens and their treatment can be represented as a state system consisting of the following parts:

– social medical assistance;

– social medicinal assistance;

- Spa treatment.

In turn, each of the listed parts of the national health care system can be considered as a subsystem with a corresponding set of its elements.

To social medical care, which is provided by government and municipal institutions healthcare is free, the following types include:

– primary health care;

- emergency;

– specialized medical care;

– medical and social assistance to citizens suffering from socially significant diseases;

– medical and social assistance to citizens suffering from diseases that pose a danger to others.

The subsystem of social medicinal assistance to citizens includes:

– free drug assistance;

– drug assistance provided at a discount from the full cost of drugs and medical supplies.

Taking into account the financial source through which sanatorium-resort treatment is provided, we can talk about two main subsystems:

– sanatorium-resort treatment at the expense of compulsory social insurance;

– sanatorium-resort treatment at the expense of the state budget.

Depending on the number of people and the type of disease, the sanatorium-resort treatment system consists of the following subsystems:

– sanatorium-resort treatment in a general sanatorium;

– spa treatment in specialized sanatoriums;

– sanatorium-resort treatment in a sanatorium-preventorium;

– sanatorium-resort treatment in a boarding house with treatment;

– sanatorium-resort treatment in a boarding house with resort-outpatient treatment.

2.6. State social assistance system

State social assistance based on the form of social security as a way to meet the needs of citizens can be defined in cash and (or) in kind.

State social assistance in cash includes the following components: assistance in the form of benefits; assistance in the form of subsidies; assistance in the form of compensation and other social benefits.

State social assistance in kind includes a set of social services:

a) additional medical care (providing citizens with free medicines according to a doctor’s prescription, providing, if there are medical indications, vouchers for sanatorium treatment);

b) free commuter travel railway transport, on intercity transport to the place of treatment and back.

In addition to these systems, a relatively independent system consists of benefits and advantages provided to certain categories of citizens. Benefits are present in many types of social security. It is quite difficult to accurately determine the signs or criteria for allocating benefits and benefits, as well as their classification. Three signs appear more clearly, with the help of which they can be distinguished: subject composition their recipients, target And conditions their provision. In addition, in recent legislation, the term “benefits” itself has begun to be replaced by the term “social support measures”, and many previously existing benefits are being replaced cash payments. (For more information, see the educational literature on the discipline “Social Security Law.”)

Test questions and assignments

1. What is social protection of the population?

2. What types of social relations are included in the concept of social security?

3. Give a description of the pension system in Russia. What signs of its differentiation exist?

4. Describe the system of social benefits and compensation payments.

5. What elements are included in the system of social services provided to citizens?

6. What is the public health system?

7. What distinguishes state social assistance from other types of social security?

Chapter 3
Characteristics of social security authorities and the concept of the organization of their work

3.1. general characteristics bodies implementing state social security

The state social security system for the population by type of security, as noted above, includes: pension system; system of social benefits and compensation payments; system of social services (social services); system of social medical care and treatment; social assistance system; system of social benefits and advantages.

It is logical to assume that each of the named systems should correspond to a similar, organically connected state system of bodies that directly provide the population with the listed types of social security. But this is not the case. There are many reasons: differences in the financial sources of social security, subject composition, organizational and legal forms of providing for citizens, etc. There is no single regulatory legal act that would contain a specific list of bodies providing certain types of social security. An indication of such bodies can only be found as a result of an analysis of the norms of numerous legal acts that in one way or another relate to issues of social security of citizens.

Let's consider that in general outline are the bodies operating in the field of social security and what are their differences.

Obligatory participants (subjects) of relations for direct social security of any type of social material benefit are considered, on the one hand, citizens who have the right or claim to it, on the other hand, the competent authorities and organizations providing this or that type of social security and which are determined by law .

First, let’s find out which bodies we will be talking about if there are two main organizational forms of social security - compulsory social insurance and provision from budgetary allocations.

Here are two specific participants in pension relations - a factory employee insured under compulsory pension insurance and a military officer from among the officers. Let us assume that both of them are entitled to an old-age insurance pension and a long-service pension.

As mentioned earlier, the pension system consists of two relatively independent systems - insurance and budget. This means that a plant employee will have to contact the local Pension Fund about his pension. And if he has a funded pension (the funded part of an insurance pension), which he transferred to the management of a non-state pension fund, then he can turn to this fund. The serviceman, in turn, applies through the military commissariat at his place of residence to the pension authority of the Russian Ministry of Defense. This example clearly shows the difference between the pension authorities where these individuals should contact about their pension. The delimiting criteria here are forms pension provision organizations – compulsory pension insurance and state pension provision; types of state pensions – insurance and budgetary; sources of financing – the Pension Fund budget and budget allocations, etc.

It can be assumed that this approach can be used in relation to all types of state pensions, which are grouped into two pension systems. But that's not true. For example, the payment of a social pension is made by the Pension Fund of Russia, although such a pension is part of the budgetary pension system.

Thus, not always available criteria, for example, forms and types of social security, may directly indicate the body providing one or another type of security.

Now let’s find out what the competent authorities may be depending on this type of social security, such as social benefits, and what are the categories of their recipients. The most typical example is the provision of maternity benefits.

The Federal Law of May 19, 1995 “On State Benefits for Citizens with Children” establishes the right to maternity benefits for various categories of women. For example, such benefits are given to women subject to social insurance; off-the-job students in educational institutions of primary, secondary and higher education vocational education, in institutions of postgraduate professional education; those undergoing military service under a contract, serving as privates and commanding officers in internal affairs bodies and in other cases.

According to the current rules, the social benefit in question is assigned and paid to these categories of women accordingly at the place of their work, study or service. But there is an exception. Thus, this benefit is assigned and paid to a woman at her last place of work (service), if maternity leave occurs within a month after dismissal from work (service) in the following cases: a) transfer of her husband to work in another area, moving to husband's place of residence; b) an illness that prevents the continuation of work or residence in a given area (in accordance with a medical certificate issued in the prescribed manner); c) the need to care for sick family members (if there is a medical certificate) or disabled people of group I. Thus, various authorities will come into play and are obliged to pay this benefit. Another example. Now we will talk about such a delimiting criterion as the financial sources of payment of maternity benefits. They may be different. Thus, for women subject to compulsory social insurance, these benefits are paid by the employer at the expense of the Federal Social Insurance Fund of Russia. The same fund finances the costs of benefits for women studying off-the-job in educational institutions of primary, secondary and higher vocational education, and in institutions of postgraduate vocational education. The direct payment of such benefits is carried out by the administration. educational institution. Women performing military service under contract, serving as privates and commanding officers in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penal system, in agencies for control of the circulation of narcotic drugs and psychotropic substances, in customs authorities, receive this benefit from the state budget from the relevant authority.

As can be seen from the example, the same type of social security can be provided using the same funds, but issued by different authorities. Or, conversely, the same body may provide several types of social security from different financial sources.

So, there is a variety of bodies that directly provide social security. To find out which body provides this or that type of social security, in each specific case it is necessary to analyze numerous regulatory legal acts. Their research shows the following.

In addition to the bodies that directly provide any type of social security, there are others. These, one way or another related to social security issues, include, for example, federal bodies of legislative, executive and judicial power, relevant bodies of constituent entities of the Russian Federation and local governments, compulsory social insurance funds, non-profit and other organizations, administration of organizations and institutions .

Not all of the listed bodies are in direct contact with citizens and provide them with one or another type of support. They may be directly or indirectly (indirectly) related to the sphere of social security of the population. An example of an indirect relationship to the field of social security is the activities of federal legislative bodies. Thus, the Federal Assembly, as the highest legislative body, cannot be called a social security body, since it does not have a direct connection with a specific citizen. But the very social security of Russian citizens depends on the federal laws adopted by this legislative body.

The Government of the Russian Federation is a federal state executive body of general competence, which should be considered the main instrument for the implementation of constitutional norms and the implementation of the main directions of state policy, including in the social sphere. To achieve this, the government is vested with broad powers in all areas of life of the population. He is also responsible for ensuring the rights and freedoms of citizens, including their social security. The federal government itself also does not have direct contact with citizens regarding the direct provision of social security to them.

Consequently, there are bodies entrusted with the implementation (and general management) social security 15
What was discussed in the first chapter of this manual.

The central bodies of the federal executive power are subordinate to the Government of the Russian Federation - federal ministries, federal services, federal agencies and so on.

Through them, the government carries out all the work to fulfill the tasks assigned to it by law, including social security. Thus, the structure of the federal government includes the Ministry of Labor and Social Protection. Through this ministry, the government ensures the implementation of state social security policies. In turn, lower-level bodies subordinate to the Ministry of Health and Social Development of Russia, for example, district or city departments (committees, departments, services) of social protection of the population 16
This is how these bodies are officially called.

Or employment, are directly related to citizens, since they provide them with one or another type of social security.

Thus, there are bodies that are part of the system of state executive power. Depending on their position (hierarchical level along the power vertical), they may or may not have direct communication with citizens regarding their social security. All connections between these government bodies (vertically - from top to bottom) are based on the principle of subordination to each other, i.e. relations of subordination and power. (These relations are regulated by the norms of administrative law. They develop in the sphere of activity of the executive branch, for example, between bodies subordinate to the Ministry of Health and Social Development of Russia.)

A similar analogy can be traced in the relationships between the bodies included in the system of each social insurance fund (PFR, FSS of Russia, FFOMS). These funds are not bodies of state executive power. The content of relations between bodies within the structure of each fund is administrative in nature. In other words, in the internal relationships of these bodies, relations of subordination and power are also observed, therefore such relations can also be regulated by the norms of administrative law. Consequently, clearly defined vertical administrative-legal relations exist within the very system of some bodies that provide one or another type of social security. Such relations exist between bodies included in the structure of the Pension Fund of Russia, the Federal Social Insurance Fund of Russia, and the Federal Compulsory Medical Insurance Fund. Between the bodies themselves (vertically) the principle of subordination and power operates.

As mentioned above, in some cases, the provision of certain types of social security is carried out by the employer represented by the administration of organizations and institutions. Thus, the state delegated part of its powers to them. This demonstrates the effect of the basic principle of social security law - the creation of maximum convenience for citizens when they exercise their right to one or another type of social security.

Let us note the main feature. There are no relations of subordination and power between the subjects of material relations in social security – citizens and bodies (organizations). Consequently, there are no administrative-legal relations between citizens - recipients of material benefits, i.e. one or another type of social security, and the bodies providing them.

Thus, there are various bodies and organizations in the field of social security. Conventionally, we will distinguish them into two main types. The first type is the bodies that directly provide the relevant types of social security. The second type includes bodies that are indirectly related to social security. Both of them are somehow connected with each other. Their activities are equally important, since they guarantee the implementation of citizens' rights to social security.

Taking into account the scope of powers of the bodies and the degree of their participation in the social security of the population, we can distinguish five main classes of bodies that carry out their functions in social security.

The first class is government bodies and municipal bodies. They were mentioned above. They also mean the bodies of various federal ministries and departments, for example the Ministry of Labor and Social Protection of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Defense of Russia, etc.

The second class is compulsory social insurance bodies. In this case we're talking about about the bodies included in the structure of the Pension Fund of Russia, the Federal Social Insurance Fund of Russia, the Federal Compulsory Medical Insurance Fund, starting from the federal level and ending with the local level.

Third class - non-state bodies, for example non-state pension funds. The state transferred to them some powers regarding funded pensions (the funded part of the labor pension).

Fourth grade - public organizations: these are trade unions, public organizations of disabled people, for example, the All-Russian Society of Disabled People, the All-Russian Society of the Blind, the All-Russian Society of the Deaf.

The fifth class is employers (administration of organizations and institutions) who directly issue certain types of social security to citizens.

The participation and role of these bodies in the social security of the population is different and depends on what powers they are vested with in accordance with the current legislation. Despite the differences, they have one common and unifying goal - social security for citizens. The above-mentioned bodies generally carry out social security in the country. 17
General concepts and characteristics of the mechanism for the implementation of social security and its management can be studied separately in elective classes.

The right to social security of every person is enshrined in Art. 7 of the Constitution, which proclaims that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people.

At the same time, within the framework of social policy in Russia, the labor and health of people are protected, a guaranteed minimum size wages are provided governmental support family, motherhood, paternity and childhood, disabled people and elderly citizens, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established.

According to the Dictionary of the Russian Language, SI. Ozhegova social security means the provision of sufficient material means of life to someone by society.

Thus, social security law is a branch of Russian law, which is a set of norms and legal institutions regulating relations regarding material support from state target extra-budgetary social funds or at the expense of the state budget of persons insured under compulsory state insurance or in need of state social security help and service.

In other words, social security is a form of distribution of material benefits in order to satisfy the vital personal needs (physical, social, intellectual) of the elderly, sick, children, dependents, those who have lost their breadwinner, the unemployed, all members of society in order to protect health and normal reproduction of the labor force at the expense of special funds created in the company on an insurance basis, or state appropriations in cases and on conditions established by law (according to R.I. Ivanova).

The right of Russian citizens to social security is specified in Art. 39 of the Constitution. It says

that every citizen of the Russian Federation is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.

Social security is an expression of the social policy of the state at this stage of its development. Changes in social priorities inevitably entail changes in the content of the concept of social

provision. Russia must pursue a social policy of the level that is enshrined in international

acts ratified by our country. The formation of the modern Russian state social security system takes place on the basis of taking into account the basic provisions of international standards. These include, first of all, the Universal Declaration of Rights and Freedoms of Man and Citizen (1948), as well as the International Covenant on Economic, Social and Cultural Rights of Man and Citizen (1973).

Consequently, social security is 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 extra-budgetary state funds in the event of events recognized by the state as socially significant, in order to equalize the social position of these citizens in comparison with other members of society .

Social security as a special social institution of the state is a guarantee of the worthy development of each member of society and the preservation of a source of livelihood in the event of social risks. Its content and parameters were formed gradually as the social security system itself developed in the Russian state, and until now in domestic economic and legal science this concept is interpreted ambiguously.

Taking into account the different points of view associated with the definition of the concept of social security, it is necessary to highlight the main features according to which one or another type of security can be called social:

There must be objective grounds for providing citizens with certain types of social assistance;

Financing social security from special funds or from the budget;

Installation in legislative order conditions for the provision of certain types of social assistance;

Fixing the circle of persons subject to social security and the conditions for its provision in legal norms.

The essence of social security is most clearly reflected by its functions: economic; compensation and distribution; political; social rehabilitation; demographic; protective. The main ones

are economic and social rehabilitation functions.

The economic function of social security is to fully or partially replace earnings or other source of livelihood lost due to age, disability or loss of a breadwinner, partial reimbursement of additional expenses upon the occurrence of certain life circumstances, as well as providing minimal monetary or in-kind assistance to low-income citizens.

The social rehabilitation function is aimed at restoring the social status of disabled citizens and other socially less protected parts of the population, allowing them to feel complete

members of society.

Since there is any area of ​​​​relations between people, there is a special branch of law that regulates relations in this area, therefore, social security as an activity and as a set of social relations is regulated by a special branch of law - social security law.

It became an independent branch in the late 1960s - early 1970s, and before that time, social security relations were considered within the framework of administrative, civil, labor and collective farm

The concept of social security does not include the right to free education and housing due to the absence of events with which social security is associated.

Based on the above definition, the social security system in modern Russia should include all types of pensions, benefits, compensation payments, social services, medical care,

sanatorium-resort treatment, as well as various benefits for certain categories of citizens.

The concept of social security is closely linked to the concept of social protection, which means

a specific social policy of the state that seeks, through legal measures, to ensure a satisfactory or comfortable existence for those groups of the population that are in a particularly difficult financial situation and are unable to improve it without external support.

The relationship between social protection and social security is more objectively identified on the basis of international experience legal regulation both of these social categories.

It should also be noted that the social security system should be considered as an integral part

state system of social protection of the population, which, in addition to social security, includes guarantees for labor protection, health and the environment, minimum payment labor and other measures necessary for normal human life and

functioning of the state.

According to the sources and methods of formation of special social funds, as well as depending on the authorities,

implementing social security, and the corresponding regulatory framework distinguish various types, types and forms of social security.

Thus, 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.

It is necessary to distinguish between the concepts of social security and social insurance.

Social security has always occupied and occupies one of the key, determining 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 segments of the population.

In economics and legal science, the concept of social security is interpreted ambiguously and is still not generally accepted. In its semantic understanding, social security means “the provision of sufficient material means of life to someone by society”1. In other words, various shapes Society's assistance to its members in this definition is interpreted as social security.

Meanwhile, the forms and types of such assistance can be very diverse. Based on this, science has developed two main concepts of the content of this concept - economic and legal. Supporters 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 school, secondary specialized and higher education, free provision of 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 types of benefits for certain categories of citizens)2. The basis of this concept was the method of distribution of benefits through public consumption funds.

Representatives of the legal concept initially based their position simultaneously on several, sometimes incompatible, criteria, in particular, economic and subjective. They believed that security should not apply to all members of society, but only to certain citizens who enjoy special protection from the state. Among the subjects who enjoyed special care of society

at certain stages of its development, belonged various categories citizens (in Tsarist Russia- at first only officials and military personnel, then - wage-earners heavy industry and their family members).

Under Soviet rule, social security first extended to all wage earners (workers and employees), and then to members of the collective farm, children, large families, single mothers. Finally, the current legislation on social security in Russia already applies to the unemployed, internally displaced persons and refugees, and persons who are not entitled to a retirement pension.

In the first years of Soviet power, a theory of so-called social risks was formed, according to which social security is the provision of benefits during the redistribution of the collective product to members of society who are in a difficult life situation, recognized by society as respectful.

Representatives of this theory were V. M. Dogadov, N. A. Vigdorchik, N. A. Semashko1.

However, its supporters also included provision from the funds of public organizations, funds from mutual aid funds (associations), and socio-cultural services as social risks. In this regard, social security applies, in their opinion, to the entire population of the country, and not just to the disabled. V. Durdenevsky proposed limiting the scope of social security to a strict target orientation. In his opinion, such a goal should be to help society in the “development and protection of man”2. The introduction of a functional (target) criterion in addition to the economic and subjective ones was subsequently a fundamental factor in the formation of scientific thought on the issue of the concept of social security. Developing the position of V. Durdenevsky, V. S. Andreev pointed out that social

provision is “a set of certain socio-economic measures related to providing for citizens in old age and incapacity for work, with care for mothers and children, with medical care and treatment as the most important means health improvement, prevention and restoration of working capacity”3.

However, the position of V.S. Andreev was not unambiguously accepted by scientists dealing with the problems of social security law. Their opinions were divided. Representatives of the “broad” and “narrow” spheres of social security appeared. Moreover, there was also no unity between representatives of each of these spheres. Thus, supporters of the “broad” sphere proposed to include in the concept of social security relations on “medical care and treatment” (V.S. Andreev), but did not include relations on sanatorium treatment and services. Other representatives of the “broad” sphere (K. S. Batygin4 and others), on the contrary, believed that medical care should not be included in social security, but sanatorium and resort provision can and should be included in this concept. There was no unanimity on free education (secondary, secondary specialized and higher education). V.S. Andreev5, R.I. Ivanova and V.A. Tarasova6 believed that it should be included in social security. T. M. Kuzmina7 considers social security not the actual provision of education, but only the payment of scholarships in educational

establishments.

Representatives of the “narrow” sphere of social security (in particular, V. Sh. Shaikhatdinov)8 propose to limit the scope of social security only to the payment of pensions, benefits and social services. In social security law, some scientists also understand the “narrow” scope of social security as the provision of security through direct allocations from the state budget1.

E. E. Machulskaya offers a unique approach to this issue. In her opinion, social security is provided only to persons exposed to social risk on a gratuitous, unequal or free basis. Therefore, sanatorium-resort services and education should not be included, in her opinion, in the concept of social security2.

Taking into account the existing points of view on the issue of the concept of social security, it is necessary to identify its main modern criteria (signs), according to which this or that type of security should be called social. These, in our opinion, are:

1) sources of financing.

Almost all scientists are unanimous that social security should be provided through special funds formed by the state. During the existence of the USSR, these were public consumption funds (provision funds for the disabled). Currently, social security is financed from special extra-budgetary funds: social insurance, the Federal Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation, as well as funds from the state budget, republican and territorial funds for social support of the population; 2) the circle of persons to be provided for. Currently, financing of social security occurs at the expense of special social funds, funds from the republican and territorial funds for social support of the population.

From a legal point of view, 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 citizens established by law. Today 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 refugee status and

forced migrants; veterans of war and labor; persons affected by 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 who were subjected to repression and subsequently rehabilitated. The circle of these persons is established in relation to specific types of security;

3) conditions for the provision of security The right to one or another type of security is established for certain groups of the above-mentioned citizens only upon the occurrence of appropriate circumstances,

specified in the law. These mainly include events (reaching a certain age, disability, death, birth of a citizen, etc.). These circumstances in most cases 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;

4) purpose of providing security

Currently, social security is financed through special funds, state budget funds, republican and territorial funds for social support of the population.

By providing citizens with this or that type of security, the state pursues certain goals. They can be conditionally divided into immediate, intermediate, and final. Thus, when providing a woman with maternity benefits, the immediate goal is to provide financial support to 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 raising a healthy generation and growing the country's population. 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 other members of society. Indeed, 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. For example, the social policy of the USSR in the 70s and 80s was aimed at steady population growth. Therefore, social security at that time provided for the payment of benefits to mothers with many children.

The social policy of the modern Russian state should be aimed at social security at a level that is enshrined in international acts ratified by our country. The USSR (of which Russia is the legal successor) ratified the Universal Declaration of 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

structure and resources of each state. Every person has the right to a standard of living (including basic necessities, housing, medical care and necessary social services) necessary to maintain the health and well-being of himself and his family, as well as the right to security in the event of unemployment, illness, disability, widowhood, old age or other circumstances of loss of livelihood for reasons beyond his control.

The process of forming a modern Russian state social security system takes place on the basis of taking into account the indicated basic provisions of international standards. In furtherance of this, the Constitution of the Russian Federation of 1993 proclaimed Russia a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. IN

In connection with this policy, the labor and health of people are protected, state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established.

Thus, social security should currently be understood as 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 extra-budgetary state funds in the event of an emergency.

events recognized by the state at this stage of its development as socially significant, with the aim of equalizing the social position 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.

§ 2. Social security functions

The purpose of the social security system is manifested in its functions. The legal literature identifies four main functions of social security: economic, political, demographic, social rehabilitation1.

The economic function is expressed in providing material support to citizens in difficult life situations, in promoting development social production in general and individual industries National economy, economic recovery of priority development zones, etc.

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

The demographic function helps to stimulate the growth of the country's population, the reproduction of a healthy generation, the increase in life expectancy of citizens, etc.

The social rehabilitation function of social security (first identified by Professor R.I. Ivanova2) is associated with meeting the specific needs of elderly and disabled citizens. It is expressed in the creation of conditions conducive to the preservation of their legal status and protecting the health of all citizens. It seems to us that social security performs another very important function - protective. First of all, this is the task that society sets for itself, providing social security to its citizens, because protecting them in difficult life situations, helping in solving various problems (material, physical, psychological, age-related, etc.) are the main purpose of social security. 1.