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, the policy of which is aimed at creating conditions that ensure a dignified life and free human development.
At the same time, within the framework of social policy in Russia, labor and health of people are protected, a guaranteed minimum wage is established, state support for family, motherhood, fatherhood and childhood, disabled and elderly citizens is provided, a system of social services is being developed, state pensions, benefits and other guarantees are established. social protection.
According to the "Dictionary of the Russian language" SI. Ozhegova social security means the provision of sufficient material means of livelihood to someone from the side of society.
Thus, social security law is a branch of Russian law, which is a set of norms and legal institutions that regulate relations in material support from state targeted off-budget 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, 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 the event 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 should 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 main provisions of international norms. These include, first of all, the Universal Declaration of the Rights and Freedoms of Man and Citizen (1948), as well as the International Covenant on the 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 off-budget state funds in the event of events recognized by the state as socially significant, in order to equalize the social status 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 with the development of the social security system itself in the Russian state, and until now in the 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, in accordance with 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;
Implementation of financing of social security from special funds or from the budget;
Establishment of conditions by law for the provision of certain types of social assistance;
Securing the circle of persons subject to social security and the conditions for its provision in legal norms.
The essence of social security most clearly reflects its functions: economic; compensation and distribution; political; social rehabilitation; demographic; protective. The main ones
are the economic and social rehabilitation functions.
The economic function of social security is the full or partial replacement of earnings or other source of livelihood lost due to age, disability or loss of a breadwinner, partial reimbursement of additional costs in the event of certain life circumstances, as well as the provision of minimal cash 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 part of the population, allowing them to feel full
members of society.
Since there is a certain area of relations between people, so far 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 regulates a special branch of law - the law of social security.
It emerged as an independent industry 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
Social security does not include the right to free education and housing due to the absence of events associated with social security.
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,
spa treatment, as well as various benefits for certain categories of citizens.
The concept of social security is closely linked with the concept of social protection, which is understood as
specific social policy of the state, seeking by 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 revealed on the basis of international experience in the legal regulation of both of these social categories.
It should also be noted that the social security system should be considered as an integral part of the
the state system of social protection of the population, which, in addition to social security, includes guarantees for labor protection, health and the environment, minimum wages and other measures necessary for the normal life of a person and
functioning of the state.
According to the sources and methods of forming special social funds, as well as depending on the authorities,
carrying out social security, and the corresponding regulatory framework distinguish different 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.
A distinction should be made between the concepts of social security and social insurance.
Social security has always occupied and still occupies one of the key, defining places in the life of the state and society. It directly depends on the development of the economy and is closely related to politics and the social well-being of working people and non-working strata of the population.
In economic and legal science, the concept of social security is interpreted ambiguously and is still not generally accepted. In the semantic sense, social security means "the provision of sufficient material means of livelihood to someone from the side of society" 1. In other words, various forms of society's assistance to its members in this definition are interpreted as social security.
Meanwhile, the forms and types of such assistance can be very diverse. Based on this, two basic concepts of the content of this concept have developed in science - economic and legal. Proponents of the economic concept included in social security all types of assistance to members of society at the expense of public consumption funds (including free secondary, specialized secondary and higher education, free housing (or housing subsidies), free physical education and sports, services by cultural institutions, all types of pensions, benefits, social services, medical care and treatment, as well as various types of benefits for certain categories of citizens) 2. The basis of this concept was the method of distribution of goods through public consumption funds.
Representatives of the legal concept initially based their position on several, sometimes little compatible criteria, in particular, on the economic and the subject. 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 the special care of society
at certain stages of its development, various categories of citizens belonged (in tsarist Russia - at first only officials and military personnel, then hired workers of heavy industry and members of their families).
Under Soviet rule, social security first extended to all persons of hired labor (workers and employees), and then to collective farm members, children, large families, single mothers. Finally, the current legislation on social security in Russia already applies to the unemployed, internally displaced persons and refugees, persons who are not entitled to a labor pension.
In the first years of Soviet power, the theory of so-called social risks was formed, according to which social security is the provision of benefits in the redistribution of a collective product to members of society who are in a difficult life situation, recognized by society as respectful.
The representatives of this theory were V. M. Dogadov, N. A. Vigdorchik, N. A. Semashko1.
However, its supporters included among the social risks the provision of mutual assistance from the funds of public organizations, from the funds of the cash funds (partnerships), social and cultural services. In this regard, social security applies, in their opinion, to the entire population of the country, and not only to the disabled. V. Durdenevsky proposed to limit the limits 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 was in the future a fundamental factor in the formation of scientific thought on 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 citizens in old age and in case of disability, with taking care of mother and children, with medical care and treatment as the most important means of 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 "wide" and "narrow" spheres of social security have appeared. Moreover, there was no unity between the representatives of each of these spheres. For example, 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 "wide" sphere (KS Batygin4 and others), on the contrary, believed that medical care should not be included in social security, and sanatorium and resort provision can and should be included in this concept. There was no unanimity about free education (secondary, specialized secondary and higher). VS Andreev5, RI Ivanova and VA Tarasova6 believed that it should be included in social security. T.M. Kuzmina7 refers to social security not as the provision of education itself, but only the payment of scholarships in educational
institutions.
Representatives of the "narrow" sphere of social security (in particular, V. Sh. Shaikhatdinov) 8 suggest limiting the sphere of social security only to the payment of pensions, benefits and social services. In social security law, some scholars also refer to the “narrow” sphere of social security as providing security through direct allocations from the state budget1.
EE 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 non-equivalent or free basis. Therefore, sanatorium 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 concept of social security, one should at the same time identify its main modern criteria (features), in accordance with which one or another type of security should be called social. These, in our opinion, are:
1) sources of funding.
Almost all scientists are unanimous that social security should be provided at the expense of special funds formed by the state. During the existence of the USSR, these were public consumption funds (funds for the disabled). Currently, social security is financed from special off-budget 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 subject to provision At present, the financing of social security is carried out at the expense of special social funds, funds of 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 be carried out not for all citizens, but only for certain categories of them established by law. Today these are: disabled (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; war and labor veterans; persons affected by exposure to radiation; persons awarded with orders of military and labor glory; Heroes of the Soviet Union and Russia; residents of besieged Leningrad; persons awarded the medal "For the Defense of Leningrad"; former prisoners of concentration camps, ghettos; persons subjected to 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 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 found himself for reasons beyond his control and when the help of society is extremely necessary;
4) the purpose of providing security
Currently, social security is financed from special funds, state budget funds, republican and territorial funds for social support of the population.
Providing citizens with this or that type of security, the state pursues certain goals. They can be conditionally subdivided into nearest, intermediate, final. Thus, when providing a woman with a pregnancy and childbirth allowance, the immediate goal is material support for a 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 the mother and child. The ultimate goal is to nurture a healthy generation and increase the country's population. However, it should be assumed that the main purpose of each type of security is to align the social status of certain categories of citizens with the rest of society. Indeed, life situations in which a citizen finds himself require from him, as a rule, increased material costs or additional physical, mental, moral efforts in comparison with
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. Changes in social priorities inevitably entail 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 the steady growth of the population. 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 of such a level, which is enshrined in international acts ratified by our country. The USSR (of which Russia is the legal successor) ratified the Universal Declaration of Human and Civil Rights and Freedoms of 1948, as well as the International Covenant on the 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 exercise the rights necessary to maintain 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. Everyone has the right to a standard of living (including basic necessities, housing, medical care and necessary social services) that is 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, the onset of old age or any other circumstance of loss of livelihood for reasons beyond his control.
The process of formation of the modern Russian state social security system takes place on the basis of taking into account the indicated basic provisions of international norms. In development of this, the Constitution of the Russian Federation of 1993 proclaimed Russia a social state, the policy of which is aimed at creating conditions that ensure a dignified life and free human development. IN
In connection with this policy, labor and health of people are protected, state support for families, motherhood, fatherhood and childhood, disabled people and the elderly is carried out, the system of social services is developing, state pensions, benefits and other guarantees of social protection are established.
Thus, social security should now 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 off-budget state funds in the event of an occurrence
events recognized by the state at this stage of its development as socially significant, in order to equalize the social status of these citizens in comparison with other members of society.
Based on this definition, the social security system of modern Russia should include all types of pensions, benefits, compensation payments, social services, medical care and treatment, as well as various benefits for certain categories of citizens. The concept of social security does not include the right to free education and housing, due to the absence of an event as one of the necessary factors that social security is associated with.
§ 2. Functions of social security
The purpose of the social security system is manifested in its functions. In the legal literature, there are four main functions of social security: economic, political, demographic, social and rehabilitation1.
The economic function is expressed in providing material support to citizens in difficult life situations, in promoting the development of social production as a whole and in individual sectors of the national economy, in the economic recovery of priority development zones, etc.
The political function is aimed at bringing together the social level of various strata of the population, creating conditions that ensure a decent life for every person. It is designed to stabilize social relations in the field of social protection of the population.
The demographic function helps to stimulate the growth of the country's population, the reproduction of a healthy generation, the growth of the life expectancy of citizens, etc.
The social and rehabilitation function of social security (first highlighted by Professor R.I. Ivanova2) is associated with the satisfaction of the specific needs of the elderly and disabled citizens. It is expressed in the creation of conditions conducive to the preservation of their legal status and the protection of the health of all citizens. It seems to us that social security performs another very important function - protective. First of all, it is this task that society sets itself, providing social security to its citizens, because protecting them in difficult life situations, helping in solving various problems (material, physical, psychological, age, etc.) are the main purpose of social security. one.
Social Security - a system of measures for material support and services for the elderly, disabled citizens, families with children, as well as people in need of social assistance. It allows citizens of the country to exercise their constitutional right to material security and social services in old age, in case of illness, complete or partial disability, loss of a breadwinner and in other cases established by law.
The main types of social security include:
· Pension provision;
· System of benefits;
· A system of vocational training, employment and prosthetic and orthopedic assistance to disabled people;
· Social services for the elderly, disabled and people in difficult life situations;
· Social assistance to families and children.
The most important function of social security is the payment of pensions to citizens - monthly cash payments to disabled citizens in connection with their past labor or other socially useful activities. Pension relations in our country are regulated by the law "On State Pensions in the RSFSR" dated November 20, 1990, taking into account the changes and additions introduced by subsequent laws of the Russian Federation and other regulations.
The main type of pension provision is labor pensions, which are assigned in connection with labor or other socially useful activities. Along with this, there is also a social pension. Labor pensions include old-age (old-age), disability, survivor, and seniority pensions. Old age pension appointed in connection with reaching a certain age with the required length of service. On a general basis, an old-age pension is assigned to workers, employees and collective farmers: men upon reaching 60 years of age with a work experience of at least 25 years, women - upon reaching 55 years with a work experience of at least 20 years.
Disability pension is established in connection with long-term or permanent actual disability (disability). A seniority pension is awarded upon the presence of a certain special length of service, regardless of age and actual state of work ability. A survivor's pension is awarded to disabled family members of the deceased who were previously dependent on him.
Social pension - This is a state payment for the purpose of providing material assistance to citizens who, for any reason, do not have the right to a pension in connection with labor and other socially useful activities. Such a pension is established for invalids of I and II groups, including invalids from childhood, as well as invalids of group III; disabled children under the age of 16; children who have lost one or both parents before the age of 18; citizens over 65 and 60 years of age (men and women, respectively).
Non-state pension funds are a form of additional social security for senior citizens. The impetus for their development was the decree of the President of the Russian Federation "On non-state pension funds" (September 1992). The most important elements of the activity of non-state pension funds are the accumulation of pension contributions, the placement of pension reserves and the payment of pensions.
Non-state pension funds can be conditionally divided into three groups:
1) funds with pension contributions, which are formed mainly by enterprises and employing organizations;
2) pension funds with preferential contributions from individuals;
3) funds with joint participation of legal entities and individuals.
In accordance with the law of the Russian Federation "On State Benefits to Citizens with Children" (1995), the following were established types of benefits :
· For pregnancy and childbirth;
· One-time for women registered in medical institutions in the early stages of pregnancy;
· One-time at the birth of a child;
· Monthly for the period of parental leave until the child reaches the age of one and a half years;
· Monthly per child.
State lump sum for large families, it is paid at the birth of the fourth and subsequent children in ever-increasing amounts. In addition, a monthly allowance is paid from the second year of a child's life until the child reaches the age of five. The allowance for single mothers is determined for each child and is paid until the child reaches the age of 16, and if he studies, but does not receive a scholarship, then until the age of 18. The allowance for single mothers for large families is paid regardless of the woman's receipt of the established allowance for single mothers.
For temporary incapacity for work there are such types of benefits as benefits for illness (injury), for spa treatment, for prosthetics. The first is issued on the basis of a sick leave from the day of disability until its restoration. For spa treatment - in cases where the employee's annual leave is not enough for treatment and travel to the sanatorium and back, but the voucher was issued in whole or in part at the expense of social insurance funds. Prosthetics allowance is paid when an employee is placed in a hospital of a prosthetic and orthopedic institution.
Unemployment benefit It is calculated as a percentage of the average earnings for the last three months of work, if the citizen who applied for it has at least 26 calendar weeks of work experience established by law on a full working day (week) basis.
Benefits are also paid to people with disabilities from childhood and children with disabilities, for children of conscripts, for burial ... Benefits for people with disabilities since childhood are assigned to persons under 16 years of age, recognized as invalids of I and II groups from childhood, as well as disabled children under the age of 16 with appropriate medical indications. Disabled childhood eligible for benefits and pensions are assigned allowance or pension of their choice.
Benefits for children of conscripts are assigned to the wives of soldiers, sailors, sergeants and sergeants of conscript service with children. Burial allowance issued in the event of the death of both the employee himself and his dependent family members: children, brothers, sisters under the age of 18 or a disabled spouse, parents, grandfather, grandmother.
An important type of social security is the system of benefits. WITH social benefits
- these are additional rights and benefits for certain categories of citizens who are unable to implement a common legal norm for all for reasons beyond their control, or for persons who have special services to the state.
Social law specialists classify benefits:
· By subjects (pensioners, invalids of groups I and II, former prisoners of fascism, Heroes of the USSR and the Russian Federation, persons exposed to radiation as a result of the Chernobyl disaster, etc.);
· By funding sources (state off-budget social insurance funds, federal and territorial funds for social support of the population, budgets of various levels) and other characteristics.
In accordance with the law of the Russian Federation "On Veterans" labor veterans enjoy certain benefits. Among them: benefits for payment of housing and communal services; 50% - a discount from the subscription fee for telephone and radio, and for invalids of the Great Patriotic War and invalids of military operations on the territory of other states, free services for installing telephones; 50% - discount on payment for solid fuel; privileges for traveling by rail for intercity and suburban traffic; discounts on public transport. These and other benefits are actually provided to veterans in many regions of Russia.
In accordance with the federal law “On social protection of disabled people in the Russian Federation”, a whole range of measures is envisaged to increase their competitiveness in the labor market. These include:
· Implementation of preferential financial and credit policy in relation to specialized enterprises employing disabled people;
· The establishment of quotas for the employment of disabled people and the minimum number of special jobs for them;
· Reservation of jobs in professions most suitable for the employment of people with disabilities;
· Stimulation of creation by enterprises, institutions, organizations of additional jobs, including special ones for the employment of disabled people;
· Creation of working conditions for disabled people in accordance with their individual rehabilitation programs;
· Creation of conditions for entrepreneurial activity of disabled people;
· Organization of training for disabled people in new professions in demand on the labor market.
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. People with disabilities have the right to manufacture and repair prosthetic and orthopedic products at the expense of the federal budget in the manner established by the Government of the Russian Federation. They are provided with the necessary means of telecommunication services, special telephones.
The most important link in the social security system is social services. In our country, it is regulated by the federal laws "On the fundamentals of social services for the population in the Russian Federation" (1995) and "On social services for elderly citizens and disabled people" (1995).
Social service Is a set of social services provided to citizens who are not capable of self-service due to old age, illness, disability, as well as to persons in difficult life situations.
The social service system includes various institutions. These include:
· Comprehensive centers of social services;
· Territorial centers of social assistance to families and children;
· Centers of social services for elderly citizens and disabled people;
· Social rehabilitation centers for minors;
· Centers for helping children left without parental care;
· Social shelters for children and adolescents;
· Centers of psychological and pedagogical assistance to the population;
· Centers for emergency psychological assistance by telephone;
· Centers (departments) of social assistance at home;
· Overnight houses;
· Special homes for lonely and elderly people;
· Inpatient institutions of social services (boarding homes for the elderly and disabled, psycho-neurological boarding schools, orphanages for mentally retarded children, boarding homes for children with physical disabilities);
· Gerontological centers;
· Crisis centers and other institutions.
At the request of elderly citizens and people with disabilities, social services can be provided on a permanent or temporary basis. Home-based service is a particularly popular form of social service. Along with home-based services, the system of social services for elderly and disabled citizens includes semi-stationary social services in day (night) departments, urgent social services, social counseling and inpatient social services.
Of the non-stationary institutions, the most developed were municipal centers of social services (CSO). They are engaged in identifying elderly citizens and people with disabilities in need of such services, determine the types of social services they need, ensure their provision, provide urgent social services, and also provide the population with social advisory assistance.
Inpatient social services are aimed at providing versatile social and household assistance to elderly citizens and disabled people who have partially or completely lost the ability to self-service. In boarding homes, mainly people who require constant care, who have lost a significant amount of the ability to move, enter.
One of the new forms of social services is the development of a network of special residential buildings for single elderly citizens and married couples with a complex of social services (medical office, library, canteen, food order points, laundry and dry cleaning, premises for cultural leisure and for work).
Large families, children left without parental care are also subject to social security. A variety of assistance to low-income, incomplete, large families, as well as families with disabled children is provided by family services in such forms as one-time cash payments, in-kind assistance, etc.
The social security system occupies a special place among the general technologies of social work. It is not only interconnected with other technological procedures, but also ensures their interaction in practice.
Throughout life, each person is exposed to various social risks that can most directly affect his health and ability to work, lead to the loss of wages or other earned income, which serves as the main source of livelihood.
Social risk- This is a probable event, the occurrence of which leads to material insecurity due to the loss of income from work or intra-family support, as well as the emergence of additional costs for children and other disabled family members, the need for medical or social services.
The characteristic features, allowing you to name certain events occurring in a person's life, social risk, serve:
- economic system conditioning and social organization of labor;
- property consequences in the form of a lack of income from work or intra-family support, additional costs for disabled family members;
- interest of the state and society in mitigating and overcoming the consequences of the occurrence of these events.
Taking into account the objective nature and depending on the impact on a person's ability to work, social risks can be combined into 4 groups ( types of social risks).
- economic nature (unemployment);
- physiological nature (temporary or permanent disability, pregnancy and childbirth, old age, death);
- industrial nature (work injury, occupational disease);
- demographic and social nature (large families, incompleteness of the family, orphanhood).
Economic and demographic risks do not directly affect a person's ability to work.
As a rule, a person cannot overcome the consequences of the onset of social risk on his own, because they are determined by objective socio-economic conditions of life, are closely related to production activities and do not depend on it.
The state that provides its own, foreigners and persons without, who are on its territory on legal grounds, a decent standard of living and free development, is called "social". It creates the state social security system, participates in the financing of pensions, benefits, compensations, medical and social services.
The main criteria (signs) of social security:
- sources of financing: at the expense of special funds formed by the state (special off-budget funds: social insurance, the Federal Mandatory 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);
- circle of persons to be secured: it is generally accepted that provision at the expense of society should not be carried out for all citizens, but only for certain categories of them established in the law in relation to specific types of support (disabled; persons who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and forced migrants; war and labor veterans; etc.);
- conditions for providing security: only upon the occurrence of the relevant circumstances specified in the law (reaching a certain age, disability, death, birth of a citizen, etc.);
- purpose of providing security: nearest, intermediate, final. Thus, when providing a woman with a pregnancy and childbirth allowance, the immediate goal is material support for a 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 the mother and child. The ultimate goal is to nurture a healthy generation and increase the country's population. However, it should be assumed that the main purpose of each type of security is to align the social status of certain categories of citizens with the rest of society. Indeed, the life situations in which a citizen finds himself require from him, as a rule, increased material costs or additional physical, mental, moral efforts in comparison with other members of society.
Social Security - a form of expression of the state's social policy aimed at material support of a certain category of citizens from the state budget and special off-budget funds in the event of events recognized by the state as socially significant (at this stage of its development) in order to equalize the social status of citizens in comparison with other members of society ...
- economic;
- political;
- demographic;
- social rehabilitation;
- preventive.
Economic function consists of:
- in partial reimbursement of earnings or other earned income lost due to unemployment, disability, as well as intra-family support due to the loss of a breadwinner;
- in partial compensation for additional expenses caused by the onset of certain life circumstances (for example, the presence of children);
- in providing minimal monetary, in-kind and other assistance to the unemployed, low-income individuals and families;
- in the provision of free medical and social services to the consumer within the limits of state minimum standards (for example, drug care).
The sources of financing for social security are the unified social tax (UST), funds from budgets of various levels, insurance premiums, as well as other receipts established by law. Part of the UST is transferred in the form of insurance contributions to off-budget funds: the Pension Fund of the Russian Federation (PFR), the Federal and Territorial Compulsory Medical Insurance Funds (MHIF), the Social Insurance Fund of the Russian Federation (FSS). Funds from the foundations are federal property.
Social insurance is one of the forms of social protection of the population from various possible risks associated with the loss of health, disability, work, earnings and other income. The main feature of social insurance is that funding for social security is made from specialized budget funds, which are formed by targeted insurance contributions from legal entities (employers) and individuals (employees).
Social insurance is based on the principle of flexible equivalence, that is, there is a certain dependence of the insurance payment on the amount of insurance experience and labor contribution. The combination of the principle of equivalence with the principle of collective solidarity and risk pooling is actively working in social insurance.
The system of social protection of citizens of the Russian Federation includes the main elements:
- the traditional form of state social assistance;
- a set of federal social guarantees (social services);
- social insurance.
Social insurance guarantees the insured citizens full insurance coverage, which allows the insurers to fulfill their obligations to the insured citizens.
Social Security
Social security is aimed at providing financial support to citizens of the Russian Federation in the event of insured events recognized as socially significant in accordance with federal legislation. Social security evens out the social position of certain categories of citizens in comparison with the rest of the population of the Russian Federation.
Social security is the protection of the most vulnerable segments of the population who, due to objective and subjective reasons, cannot take care of themselves on their own: disabled people, old people, children, orphans and others. Social security can be both proprietary (services, money, things) and non-proprietary (help from a social psychologist).
In accordance with the Constitution of the Russian Federation (Article 39), the right to social security is one of the basic social rights of citizens of the Russian Federation.
The main types of social security
By type, social security is divided into social security assistance and social security maintenance.
Social security assistance - assistance that is provided for a certain category of citizens:
- for those who have a specific source of income for subsistence, but was temporarily lost by it and in the near future is subject to restoration, with the subsequent resolution of the issue of insecurity;
- for those who have a constant source of income, but its low size cannot ensure the satisfaction of minimum needs;
- for those who, due to force majeure circumstances (catastrophes, natural disasters, deterioration of health), are among those in need.
Social security content provides the necessary and sufficient funds to those citizens who are not yet able to independently acquire a source of income, or who can no longer independently provide for themselves.
What's the Difference?
The main difference between these two types of social security is that the assistance is temporary and is not the basic source of income.
To types social security assistance include:
- privileges;
- compensation;
- benefits;
- property assistance (food, shoes, clothing);
- social and medical services (some types) at the expense of the Federal Mandatory Medical Insurance Fund.
To types social security include:
- partial social services (provided by social services);
- pensions.
Social Security Payment Form
Social security is divided into two forms of payment: cash and in-kind.
The cash form of payment is subdivided into:
- pensions (all varieties and types);
- benefits (all types).
In-kind payments include:
- benefits (for example, free medicine);
- compensation (for example, provision of housing due to disasters, etc.);
- medical services, including spa treatment;
- maintenance of homes for the elderly and disabled.
Legally enshrined types of social security
The main types of social security are enshrined in the legislation of the Russian Federation:
- essentials;
- medical and social services;
- privileges;
- social security compensation;
- pensions.
Each type of social security consists of specific varieties. An important feature is that the types of social security themselves are stable and sustainable, and its varieties change depending on the economic, political and social conditions taking place at the moment in the country.
Types of social security are a way of providing material assistance or a way by which the state helps a citizen to meet a particular need.
It is customary to talk about such types of social security as pensions, benefits of various types, benefits, social services and benefits in kind.
Let us dwell on the analysis of the characteristics of the main types of social security in the current economic conditions of Russia.
The main type of social security for disabled citizens is pension provision. An efficiently functioning pension system as a part of the general system should be based on perfect pension legislation, an effective mechanism for managing this sector of the social sphere, as well as on the general economic proportions that determine and set its development. It is the level of pension provision that largely determines the lifestyle of older people, their participation in economic activity, which imposes a special responsibility on state bodies (including legislative ones) for the decisions they make.
According to the accepted terminology, a pension (from Lat. Pension - payment) is a regular cash payment (calculated per month) which is made in accordance with the procedure established by law to certain categories of persons from social funds and other sources intended for these purposes.
The grounds for retirement benefits are various legal facts: reaching the appropriate retirement age; the onset of disability; death of the breadwinner (for disabled family members of the breadwinner); long-term performance of a certain professional activity - length of service.
At present, all pensions paid in the Russian Federation can be divided (first of all, according to the sources of their payment and the specifics of legislative regulation) into two main types:
Pensions for compulsory social insurance (paid from the amounts of insurance contributions for compulsory pension insurance accumulated in the pension fund of the Russian Federation);
State pensions (which are financed from the federal budget).
The main types of compulsory social insurance pensions are labor and professional. Labor pensions, which are established and paid in accordance with the Labor Pension Law, include:
Old age pension;
Disability pension;
Survivor's pension.
Benefits and compensation payments were given great importance in the system of social security and social protection of citizens.
Benefits are monetary payments assigned to citizens periodically (usually monthly) or in a lump sum in cases established by law in order to compensate for lost earnings or provide additional material assistance.
Unlike pensions, which act as a permanent and main source of livelihood, benefits are usually help that temporarily replace lost earnings or serve as a supplement to the main source of livelihood (earnings or pensions).
The numerous benefits in the social security system are generally classified:
a) for the intended purpose:
Benefits that compensate for earnings in whole or in part;
Benefits provided as additional material assistance;
b) by the duration of the benefit payment:
One-time;
Periodic (monthly);
c) by types of social security, which include certain benefits:
Compulsory social insurance benefits;
State social assistance benefits;
d) by the source of payment of benefits:
From social extra-budgetary funds;
From the federal budget, etc.
The main types of benefits provided for by the current legislation:
Temporary disability allowance;
Benefits for citizens with children: benefits for pregnancy and childbirth; one-time allowance for women registered with medical institutions in the early stages of pregnancy; a lump sum for the birth of a child; monthly allowance for the period of parental leave until the child reaches the age of one and a half years; monthly child benefit;
Unemployment benefit;
Lump-sum benefits to citizens in case of post-vaccination complications;
One-time allowance for medical workers infected with the human immunodeficiency virus in the line of duty;
One-time benefit to citizens involved in the fight against terrorism;
Social allowance for the burial of the dead;
Employment injury and occupational disease benefits;
Social benefits to citizens dismissed from military service.
The next type of security is the provision of benefits that alleviate the financial situation of certain categories of persons as a result of the fact that society takes on part of the necessary monetary spending. This type of collateral is widely used. This includes partial payment for medicines and utilities, payment of the partial cost of vouchers for the recreation of children in sanatoriums and camps, keeping children in preschool institutions, etc.
Another type of security is provision in kind, that is, the transfer of property or material assets to certain categories of citizens. We are talking about the free provision of prosthetic and orthopedic products, means of transportation, medicines for some groups of disabled people, about the provision of housing at the expense of the state housing stock.
Consider the types of social security that currently exist in the Russian Federation. It should be noted that social security can be divided into two groups: types of social security provided in monetary terms (cash) and types of social security provided in kind (in kind).
Let's turn to the types of social security provided in kind:
Health care,
Medicinal provision,
The types of social security provided in cash include the following: pensions, benefits and compensation payments.
Pensions and benefits were discussed earlier in the work, consider compensation payments.
The Russian legislation provides for the following types of compensation payments:
Subsidies for the payment of housing and utilities;
Lump sum allowance for refugees;
Lump-sum allowance for internally displaced persons;
Compensation payments for food to students in state,
municipal educational institutions, primary and
secondary vocational education;
Compensation payments for children under guardianship and
guardianship in a foster family;
Compensation payments to spouses of military personnel undergoing military service under a contract during the period of their residence with their spouses in areas where they are forced not to work or cannot find employment in their specialty due to the lack of employment opportunities, as well as for the state of health of the children;
Compensation payments to non-working wives of privates and commanding officers of internal affairs bodies in certain garrisons and localities where there is no possibility of their employment;
Compensation payments to non-working able-bodied persons caring for disabled citizens;
Compensation payments to undergraduate and graduate students on academic leave for medical reasons;
Compensation payments to mothers (or other relatives actually caring for the child) who are in employment relationships with organizations and female military personnel on parental leave.
Thus, the main types of social security are: pensions, benefits, compensation payments and social services. In addition, there are other forms of social security, both state (budgetary and extrabudgetary) and international.
CONCLUSION
As a result of the work, the goal and objectives are achieved.
Based on the results of the study, we come to the conclusion that social security is a set of interrelated and interdependent legal, socio-economic measures aimed at reimbursing and minimizing the consequences associated with social risks of citizens and other individuals.
Currently, the following forms of social security are distinguished in Russia:
State pension provision;
State (compulsory) social insurance;
State social assistance.
Also, centralized, regional, municipal and local are distinguished as forms of social security.
The state pension system can be carried out in the form of compulsory social insurance, or voluntary social insurance, or through direct allocations from the budget (military personnel, federal judges and other categories of citizens).
The types of social security are a way of providing material assistance or a way by which the state helps a citizen to meet a particular need. It is customary to talk about such types of social security as pensions, benefits of various types, benefits, social services and benefits in kind.
Also, social security can be divided into two groups: types of social security provided in monetary terms (cash) and types of social security provided in kind (in kind).
The types of social security provided in kind include:
Health care,
Medicinal provision,
Spa treatment,
Social services provided by social service institutions,
Specific services provided to people with disabilities (rehabilitation services, prosthetics, vocational training, employment, etc.).
These types of social security are provided free of charge or with partial payment.
The types of social security provided in cash include: pensions, benefits, compensation payments
Considering the issues of the forms of social security, it is also necessary to note non-state forms: charity and provision from public funds.
BIBLIOGRAPHIC LIST
2. Federal Law of December 28, 2013 N 400-FZ "On Insurance Pensions" (as amended on December 29, 2015) // "Rossiyskaya Gazeta" of December 31, 2013 No. 6272. - Access mode: Consultant plus.
3. Federal Law of 11.08.1995 N 135-FZ (as amended on 05.05.2014) "On charitable activities and charitable organizations" // Rossiyskaya Gazeta. - 08/17/1995. - No. 159. - Access mode: Consultant plus.
4. Federal Law of 28.12.2013 N 442-FZ (as amended on 21.07.2014) "On the Basics of Social Services for Citizens in the Russian Federation" // Rossiyskaya Gazeta. - 30.12.2013. - No. 295. - Access mode: Consultant plus.
5. Federal Law of 29.11.2010 N 326-FZ (as amended on 30.12.2015) "On compulsory medical insurance in the Russian Federation" (as amended and supplemented, entered into force on 01.01.2016) // Rossiyskaya Gazeta ... - 06.12.2010. - No. 275. - Access mode: Consultant plus.
6. Federal Law of 15.12.2001 N 167-FZ (as amended on 14.12.2015) "On compulsory pension insurance in the Russian Federation" // Rossiyskaya Gazeta. - 20.12.2001. - No. 247. - Access mode: Consultant plus.
7. Voloshin A.V. Criteria for social security assistance // Bulletin of the Tomsk State University. Right. - 2014. - No. 3 (13). - S. 104-111.
8. Durnevsky, V. Modern problems of social security in Russia / V. Durnevsky // Fundamental and applied research in the modern world. -2013. - No. 1. - S. 33-39.
9. Kazakova, V.V. Social security and its place in the system of social protection of the population / V.V. Kazakova, I.A. Kashparova // Bulletin of the Altai State Pedagogical Academy. - 2013. - No. 17. - P. 94 -96.
10. Machulskaya, E.E. Social security law: textbook / E.E. Machulskaya. - 2nd ed., Rev. and add. - M.: Yurayt Publishing House; ID Yurayt, 2011 .-- 575 p.
11. Panova, A.A. Key types of social security //
ScienceTime. - 2015. - No. 1 (13). - S. 360-363.
12. Law of social security: textbook / ed. K.N. Gusov. - M .: Prospect, 2011 .-- 328s.
13. The law of social security in Russia: a textbook for bachelors / Otv. ed. E.G. Tuchkov. - M .: Prospect, 2014 .-- 365p.
14. Radonova, A.V. The main forms of social security and social protection of the population // Historical and socio-educational thought. - 2014. - No. 3 (25). - C.202-204.
15. Rozhdestvina, A.A. Social Security Law / M .: Dana. 2013 .-- 487s.
16. Salmina, A.A. Social security and social assistance: requests of the middle class / A.A. Salmina // Sociology. - 2010. - No. 2. -S. 122 - 135.
17. Suleimanova, G.V. Social Security Law. Textbook for bachelors. Moscow: Yurayt. 2013 .-- 368s.
18. Filippova, E.M. On the principles in the law of social security / E.M. Filippova // Bulletin of the South Ural State University. Series: Right. -2013. - T. 13.- No. 2. - P. 66–69.
19. Shevnina, L.E. Organizational and legal aspects of social security of the population / L.E. Shevnina, A.V. Barkevich // Leningrad Law Journal. - 2012.- No. 1. - pp. 176-183.
20. Yurina, E.A. On some measures of social support for the population // Socio-economic phenomena and processes. - 2015. - T. 10. - No. 1. - S. 105-110.
Kazakova, V.V. Social security and its place in the system of social protection of the population / V.V. Kazakova, I.A. Kashparova // Bulletin of the Altai State Pedagogical Academy. - 2013. - No. 17. - S. 94-96.
Durnevsky, V. Modern problems of social security in Russia / V. Durnevsky // Fundamental and applied research in the modern world. -2013. - No. 1. - S. 33-39.
Machulskaya, E.E. Social security law: textbook / E.E. Machulskaya. - 2nd ed., Rev. and add. - M.: Yurayt Publishing House; ID Yurayt, 2011 .-- p. 45.
Suleimanova, G.V. Social Security Law. Textbook for bachelors. Moscow: Yurayt. 2013 .-- p.88.
Rozhdestvina, A.A. Social Security Law / M. Dana. 2013 - p. 41.
Social Security Law of Russia: a textbook for bachelors / Otv. ed. E.G. Tuchkov. - M .: Prospect, 2014 .-- p. 14.
Social security law: textbook / ed. K.N. Gusov. - M .: Prospect, 2011 .-- 328s.
Machulskaya, E.E. Social security law: textbook / E.E. Machulskaya. - 2nd ed., Rev. and add. - M.: Yurayt Publishing House; ID Yurayt, 2011 .-- p. 85.
The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (as amended on 21.07.2014) // Rossiyskaya Gazeta. –21.07.2014. - No. 11. - Access mode: Consultant plus.
The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (as amended on 21.07.2014) // Rossiyskaya Gazeta. –21.07.2014. - No. 11. - Access mode: Consultant plus.
Federal Law of 11.08.1995 N 135-FZ (as amended on 05.05.2014) "On charitable activities and charitable organizations" // Rossiyskaya Gazeta. - 08/17/1995. - No. 159. - Access mode: Consultant plus.
Panova A.A. Key types of social security // ScienceTime. - 2015. - No. 1 (13). - S. 360-363.
A.V. Radonova The main forms of social security and social protection of the population // Historical and socio-educational thought. - 2014. - No. 3 (25). - C.202-204.
Rozhdestvina, A.A. Social Security Law / M. Dana. 2013 - p. 89.
Salmina, A.A. Social security and social assistance: requests of the middle class / A.A. Salmina // Sociology. 2010. No. 2. S. 122-135.