The right to social security of every person is enshrined in Art. 7 of the Constitution, where it is proclaimed that the Russian Federation is a social state, whose policy is aimed at creating conditions that ensure a decent life and free development of a person.
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 is provided for the family, motherhood, fatherhood and childhood, the disabled and the elderly, a system of social services is being developed, state pensions, benefits and other guarantees are being established. social protection.
According to the "Dictionary of the Russian language" SI. Ozhegov 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 that regulate relations for material support from state targeted non-budgetary funds for social purposes 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 wealth in order to meet the vital personal needs (physical, social, intellectual) of the elderly, the 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 society 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 in old age, in case of illness, disability, loss of a breadwinner, for the upbringing of 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. Changing social priorities inevitably entails changes in the content of the concept of social
security. Russia must pursue a social policy of a 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 Economic, Social and Cultural Rights of Man and Citizen (1973).
Consequently, social security is a form of expression of the social policy of the state, aimed at providing material support for certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state as socially significant, in order to equalize the social position of these citizens compared to other members of society. .
Social security as a special social institution of the state is a guarantee of the decent 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 in the Russian state, and so far in domestic economic and legal science this concept is interpreted ambiguously.
Taking into account the different points of view related to 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:
It is necessary to have objective grounds for providing citizens with certain types of social assistance;
Implementation of social security financing at the expense of special funds or from the budget;
Establishing by law the 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 vividly 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 consists in 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 expenses in the event of certain life circumstances, as well as the provision of minimal monetary or in-kind assistance to poor 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 any area of relations between people, there is also 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 emerged as an independent industry in the late 1960s - early 1970s, and until 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 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
a specific social policy of the state, seeking by legal measures to ensure a satisfactory or comfortable existence for those groups of the population who 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 state system of social protection of the population, which, in addition to social security, includes guarantees for the protection of labor, 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 formation of special social funds, as well as depending on the bodies
carrying out social security, and the corresponding regulatory framework, there are 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, defining 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 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 understanding, social security means “the provision of sufficient material means of life to someone by society”1. In other words, various forms of society's assistance to its members in this definition are treated as social security.
Meanwhile, the forms and types of such assistance can be very diverse. Based on this, two main concepts of the content of this concept have developed in science - 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, secondary specialized 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 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 simultaneously on several, sometimes incompatible criteria, in particular, on economic and subjective ones. They believed that provision should not concern all members of society, but only certain citizens who enjoy special protection from the state. Among the subjects that 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 in heavy industry and members of their families).
Under the Soviet regime, social security first extended to all persons of wage labor (workers and employees), and then to members of the collective farm, children, large families, and 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 early years of Soviet power, a theory of so-called social risks was formed, according to which social security is the provision of benefits in the redistribution of the collective product to members of society 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 also attributed the provision of social and cultural services from the funds of public organizations, from the funds of cash desks (partnerships) to the number of 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 suggested limiting the limits of social security to a strict target orientation. In his opinion, such a goal should be the assistance of society in the “development and protection of man”2. The introduction of a functional (target) criterion in addition to the economic and subjective criteria later became 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 the social
provision is “a set of certain socio-economic measures related to the provision of citizens in old age and incapacity for work, with the care of mothers and children, with medical care and treatment as the most important means of recovery, prevention and rehabilitation”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 the representatives of each of these spheres. Thus, supporters of the “broad” sphere proposed to include relations on “medical care and treatment” (V. S. Andreev) in the concept of social security, 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, and sanatorium-resort security could and should be included in this concept. There was no unanimity about free education (secondary, secondary specialized and higher). V. S. Andreev5, R. I. Ivanova and V. A. Tarasova6 believed that it should be included in social security. T. M. Kuzmina7 refers to 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 limiting the sphere of social security only to the payment of pensions, benefits and social services. In the law of social security, some scholars understand the “narrow” scope of social security as the provision of security through direct appropriations from the state budget1.
E. E. Machulskaya offers a peculiar 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, health 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 should at the same time identify its main modern criteria (signs), according to which one or another type of security should be called social. These, in our opinion, are:
1) sources of funding.
Almost all scholars 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 (providing funds for the disabled). Currently, social security is financed at the expense of special off-budget funds: social insurance, the Federal Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation, as well as the state budget, republican and territorial funds for social support of the population; 2) the circle of persons to be provided At present, social security is financed at the expense of special social funds, funds of the republican and territorial funds for social support of the population.
From a legal standpoint, 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 by law. To date, 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; war and labor veterans; persons affected by exposure to 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 subjected to repressions and subsequently rehabilitated. The circle of these persons is established in relation to specific types of security;
3) conditions for providing security The right to one or another type of security is established for certain groups of the above citizens only when appropriate circumstances occur,
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) the purpose of providing security
Currently, social security is financed at the expense of special funds, state budget funds, republican and territorial funds for social support of the population.
By providing citizens with one or another type of security, the state pursues certain goals. They can be conditionally subdivided into nearest, intermediate, final. Thus, when providing a woman with benefits for pregnancy and childbirth, the immediate goal is material support for 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 to raise a healthy generation and increase the population of the country. However, it should be assumed that the main purpose of each type of provision is to equalize the social status of certain categories of citizens with the rest of society. Indeed, the 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. Thus, for example, the social policy of the USSR in the 1970s and 1980s was aimed at the steady growth of the population. Therefore, social security at that time provided for the payment of benefits to mothers of large families.
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 (whose successor is Russia) ratified the Universal Declaration of the 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. Everyone has the right to a standard of living (including basic necessities, housing, medical care and necessary social services) adequate for the health and well-being of himself and his family, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other 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, whose policy is aimed at creating conditions that ensure a decent life and free development of a person. V
In connection with this policy, the work and health of people are protected, state support is provided for the family, motherhood, fatherhood and childhood, the disabled and the elderly, the system of social services is developed, state pensions, benefits and other guarantees of social protection are established.
Thus, at present, social security should be understood as a form of expression of the social policy of the state, 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 at a given stage of its development as socially significant, in order to equalize 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. Functions of social security
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 and rehabilitation1.
The economic function is expressed in the provision of material support to citizens in a difficult life situation, in promoting the development of social production in general and in individual sectors of the national economy, the 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 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 contributes to stimulating the growth of the country's population, the reproduction of a healthy generation, the growth of 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 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 - a protective one. First of all, it is precisely this task that society sets for itself by providing social security to its citizens, because protecting them in a difficult life situation, helping to solve various problems (material, physical, psychological, age, etc.) are the main purpose of social security. one.
Social Security - a system of measures for the material provision and service of the elderly, disabled citizens, families with children, as well as persons 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;
The system of benefits
· a system of vocational training, employment and prosthetic and orthopedic care for the disabled;
social services for the elderly, disabled and people in difficult 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, subject to changes and additions made 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 pensions for old age (by age), for disability, for the loss of a breadwinner, for long service. old age pension appointed in connection with the achievement of a certain age in the presence of the required length of service. On a general basis, an old-age pension is assigned to workers, employees and collective farmers: for men upon reaching 60 years of age with at least 25 years of work experience, for women - upon reaching 55 years of age with at least 20 years of work experience.
disability pension established in connection with a long-term or permanent actual loss of ability to work (disability). A superannuation pension is assigned if there is a certain special length of service, regardless of age and actual state of working capacity. A survivor's pension is granted to disabled members of the family 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 whatever reason, do not have the right to a pension in connection with labor and other socially useful activities. Such a pension is established for disabled people of groups I and II, including disabled people from childhood, as well as disabled people of group III; disabled children under the age of 16; children who have lost one or both parents before the age of 18; citizens who have reached the age of 65 and 60 (men and women, respectively).
Non-state pension funds are a form of additional social security for older 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 activities 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 employers;
2) pension funds with priority 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 types of benefits :
for pregnancy and childbirth;
Lump sum for women registered with medical institutions in the early stages of pregnancy;
a lump sum 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 is paid at the birth of the fourth and subsequent children in ever-increasing amounts. In addition, from the second year of a child's life, a monthly allowance is paid 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 up to 18 years. The allowance for single mothers for having many children is paid regardless of whether the woman receives the established allowance for single mothers.
For temporary disability there are such types of benefits as benefits for illness (injury), for sanatorium treatment, for prosthetics. The first is issued on the basis of a sick leave from the day of disability until its restoration. In case of sanatorium-resort treatment - in cases where the employee's annual leave is not enough for treatment and travel to the sanatorium and back, but the voucher is issued in full or in part at the expense of social insurance funds. The allowance for prosthetics is paid when the employee is placed in a hospital in a prosthetic and orthopedic institution.
Unemployment benefits calculated as a percentage of the average earnings for the last three months of work, if the citizen who applied for him has a statutory work experience of at least 26 calendar weeks on a full-time (week) basis.
Benefits are also paid to disabled people from childhood and disabled children, for children of conscripts, for burial . Benefits for people with disabilities since childhood are appointed to persons not older than 16 years old, recognized as disabled people of groups I and II since childhood, as well as disabled children under the age of 16 years, if there are relevant medical indications. Disabled childhood entitled to benefits and pensions is appointed allowance or pension by their choice.
Benefits for children of conscripts are assigned to the wives of soldiers, sailors, sergeants and foremen of military service who have children. Burial allowance issued in the event of the death of both the employee himself and his dependent family members: children, brothers, sisters, under 18 years of age or 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 reasons for reasons beyond their control, or for persons who have special merits to the state.
Specialists in social law 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 sources of financing (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% - discount from the subscription fee for telephone and radio, and for disabled veterans of the Great Patriotic War and combat invalids on the territory of other states, free telephone installation services; 50% - discount in payment for solid fuel; privileges for travel by rail intercity and suburban traffic; concessions on public transport. These and other benefits are actually provided to veterans in many regions of Russia.
In accordance with the federal law "On the Social Protection of the Disabled in the Russian Federation", a whole range of measures is provided for increasing their competitiveness in the labor market. These include:
· Implementation of a preferential financial and credit policy in relation to specialized enterprises employing disabled people;
· 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 disabled people;
· Encouraging the creation of additional jobs by enterprises, institutions, organizations, including special ones for the employment of disabled people;
creation of working conditions for the disabled in accordance with their individual rehabilitation programs;
creation of conditions for entrepreneurial activities of disabled people;
· Organization of training for disabled people in new professions that are in demand on the labor market.
Prosthetic and orthopedic assistance to the disabled is aimed at providing them with the necessary prostheses, personal means of transportation at home and on the street. Disabled persons 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 telephone sets.
The most important link in the social security system is social services. In our country, it is regulated by federal laws “On the Fundamentals of Social Services for the Population in the Russian Federation” (1995) and “On Social Services for Elderly Citizens and the Disabled” (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 a difficult life situation.
The social service system includes various institutions. These include:
complex social service centers;
· Territorial centers of social assistance to families and children;
social service centers for the elderly and the disabled;
social rehabilitation centers for minors;
Help centers for children left without parental care;
social shelters for children and teenagers;
centers of psychological and pedagogical assistance to the population;
centers of emergency psychological assistance by telephone;
centers (departments) of social assistance at home;
night stay houses;
special homes for singles and the elderly;
· stationary institutions of social service (boarding houses for the elderly and disabled, neuropsychiatric boarding schools, orphanages for mentally retarded children, boarding houses for children with physical disabilities);
gerontological centers;
crisis centers and other institutions.
At the request of elderly and disabled citizens, social services can be provided on a permanent or temporary basis. A particularly popular form of social service is home-based. Along with home-based services, the system of social services for the elderly and disabled includes semi-stationary social services in day (night) stay departments, urgent social services, social advisory assistance and stationary social services.
Of the non-stationary institutions, municipal social service centers (CSSOs) have received the most development. They are engaged in identifying elderly and disabled citizens who need such services, determine the types of social services they need, ensure their provision, provide urgent social services, and also provide social and advisory assistance to the population.
Inpatient social services are aimed at providing versatile social and household assistance to elderly citizens and the disabled, who have partially or completely lost the ability to self-service. Mostly people who require constant care and who have largely lost the ability to move come to boarding schools.
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 range of social services (medical office, library, canteen, food ordering points, delivery of linen to the laundry and dry cleaning, premises for cultural leisure and for labor activity).
Families with many children, children left without parental care are also subject to social security. A variety of assistance to low-income, single-parent families, large families, as well as families with disabled children is provided by family services in such forms as one-time cash payments, natural 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 the state of his health and ability to work, lead to the loss of wages or other labor income, which is the main source of livelihood.
social risk- this is a probable event, the occurrence of which leads to financial insecurity due to the loss of income from work or family support, as well as the occurrence of additional expenses for children and other disabled family members, the need for medical or social services.
Characteristic features, allowing you to name certain events that occur in a person's life, social risk, serve:
- conditionality of the economic system and social organization of labor;
- property consequences in the form of a lack of income from work or intra-family maintenance, additional expenses for disabled family members;
- the interest of the state and society in mitigating and overcoming consequences 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 grouped into 4 groups ( types of social risks).
- economic nature (unemployment);
- physiological nature (temporary or permanent disability, pregnancy and childbirth, old age, death);
- industrial nature (labor injury, occupational disease);
- demographic and social nature (large families, incomplete families, 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 conditioned by the objective socio-economic conditions of life, are closely connected with industrial activity and do not depend on it.
A state that provides its own, foreigners and persons without, legally located on its territory, with a decent standard of living and free development, is called "social". It creates a state system of social security, participates in the financing of pensions, allowances, compensations, medical and social services.
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 Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation, as well as the state budget, republican and territorial funds for social support of the population);
- range 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 by law in relation to specific types of provision (incapable of work; persons who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and internally displaced persons, war and labor veterans, etc.);
- conditions for providing collateral: 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 benefits for pregnancy and childbirth, the immediate goal is material support for 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 to raise a healthy generation and increase the population of the country. However, it should be assumed that the main purpose of each type of provision is to equalize the social status of certain categories of citizens with the rest of society. Indeed, the 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.
Social Security - a form of expression of the social policy of the state, aimed at providing material support for 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 compared to other members of society .
- economic;
- political;
- demographic;
- social rehabilitation;
- preventive.
economic function is:
- in partial compensation of earnings or other labor income lost due to unemployment, disability, as well as intra-family support in connection with the loss of a breadwinner;
- in partial compensation of additional expenses caused by the onset of certain life circumstances (for example, the presence of children);
- in the provision of minimal monetary, in-kind and other assistance to the unemployed, low-income individuals and families;
- in the provision of free medical and social services for the consumer within the state minimum standards (for example, drug care).
The sources of social security financing are the unified social tax (UST), funds from budgets of various levels, insurance premiums, as well as other revenues established by law. Part of the UST is transferred in the form of insurance premiums to off-budget funds: the Pension Fund of the Russian Federation (PFR), the Federal and Territorial Compulsory Medical Insurance Funds (FOMS), the Social Insurance Fund of the Russian Federation (FSS). Funds are federal property.
Social insurance is one of the forms of social protection of the population against various possible risks that are associated with the loss of health, disability, work, earnings and other income. The main feature of social insurance is that financing for social security is made from specialized budget funds, which are formed by targeted insurance premiums of 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. In social insurance, the combination of the principle of equivalence with the principle of collective solidarity and pooling of risks is active.
The system of social protection of citizens of the Russian Federation includes the main elements:
- traditional form of state social assistance;
- complex of federal social guarantees (social services);
- social insurance.
Social insurance guarantees insured citizens full insurance coverage, which allows insurers to fulfill their obligations to 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 equalizes 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: the disabled, the elderly, children, orphans and others. Social security can be both property-based (services, money, things) and non-property (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 fundamental social rights of citizens of the Russian Federation.
Main types of social security
By type, social security is divided into social security assistance and social security maintenance.
welfare assistance - assistance that is provided for a certain category of citizens:
- for those who have a specific source of income for subsistence, but were temporarily lost by them and are subject to restoration in the near future, with the subsequent resolution of the issue of insecurity;
- for those who have a regular source of income, but its low size cannot meet the minimum needs;
- for those who, due to force majeure circumstances (catastrophes, natural disasters, poor health), are among the needy.
Social welfare provides the necessary and sufficient funds to those citizens who are not yet able to independently acquire a source of income, or who are no longer able to provide for themselves.
What's the Difference?
The main difference between these two types of social security is that assistance is temporary and is not a basic source of income.
To types welfare assistance include:
- privileges;
- compensation;
- allowances;
- property assistance (food, footwear, clothing);
- social and medical services (some types) at the expense of the Federal Compulsory Medical Insurance Fund.
To types social security content include:
- partial social services (provided by social services);
- pensions.
Form of social security payment
Social security is divided into two forms of payment: cash and in-kind.
The monetary form of payment is divided into:
- pensions (all varieties and types);
- allowances (all types).
Payments in kind include:
- benefits (for example, free medicine);
- compensation (for example, provision of housing due to disasters, etc.);
- medical services, including sanatorium treatment;
- maintenance of homes for the elderly and disabled.
Legislated types of social security
The legislation of the Russian Federation establishes the main types of social security:
- essentials;
- medical and social services;
- privileges;
- social security compensations;
- 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 currently taking place in the country.
Types of social security are a way of providing material assistance or a way in which the state assists a citizen in meeting a particular need.
It is customary to talk about such types of social security as pensions, various types of benefits, benefits, social services and in-kind security.
Let us dwell on the analysis of the features of the main types of social security in the current economic conditions of Russia.
The main type of social security for disabled citizens is pensions. An effectively functioning pension system as part of the overall system should be based on perfect pension legislation, an effective mechanism for managing this branch of the social sphere, as well as on general economic proportions that determine and set its development. It is the level of pension provision that largely determines the way of life of older people, their participation in economic activity, which imposes 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 (per month) that is made in the manner prescribed by law to certain categories of persons from social funds and other sources intended for these purposes.
The grounds for pension provision 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.
Currently, all pensions paid in the Russian Federation can be divided (primarily according to the sources of their payment and the specifics of legislative regulation) into two main types:
Mandatory social insurance pensions (paid from the amounts of insurance premiums for compulsory pension insurance accumulated in the pension fund of the Russian Federation);
State pensions (funded 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 Law on Labor Pensions, include:
old age pension;
disability pension;
Survivor's pension.
Great importance in the system of social security and social protection of citizens was given to benefits and compensation payments.
Benefits are monetary payments assigned to citizens periodically (usually monthly) or at a time 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 assistance that temporarily replaces lost earnings or serves as an addition to the main source of livelihood (earnings or pensions).
The numerous benefits in the social security system are generally classified as:
a) for the intended purpose:
Benefits that compensate earnings in whole or in part;
Benefits provided as additional material assistance;
b) by the duration of the payment of benefits:
One-time;
Periodic (monthly);
c) by types of social security, which include certain benefits:
Benefits for compulsory social insurance;
State social assistance allowances;
d) by source of benefit payment:
From social off-budget funds;
From the federal budget, etc.
The main types of benefits provided by the current legislation:
Temporary Disability Allowance;
Benefits for citizens with children: benefits for pregnancy and childbirth; a one-time allowance for women registered with medical institutions in the early stages of pregnancy; a one-time allowance at 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 allowance for a child;
Unemployment benefits;
One-time benefits to citizens in the event of a post-vaccination complication;
A one-time allowance for medical workers who become infected with the human immunodeficiency virus while on duty;
A one-time allowance to citizens involved in the fight against terrorism;
Social allowance for the burial of the dead;
Benefits in connection with labor injury and occupational disease;
Social benefits for citizens discharged 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 the society takes on part of the necessary cash expenditures. This type of security is widely used. This includes partial payment for medicines and utilities, payment of a partial cost of vouchers for children to relax in sanatoriums and camps, keeping children in preschool institutions, etc.
Another type of security is in-kind security, that is, the transfer to certain categories of citizens of the ownership or use of material values. We are talking about the free provision of prosthetic and orthopedic products, means of transportation, medicines for certain groups of disabled people, 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 (kind).
Let us turn to the types of social security provided in kind:
Health care,
drug supply,
The types of social security provided in cash include the following: pensions, allowances and compensation payments.
Pensions and allowances were considered earlier in the work, let's consider compensation payments.
Russian legislation provides for the following types of compensation payments:
Subsidies for the payment of housing and utilities;
Lump sum for refugees;
One-time allowance for internally displaced persons;
Compensatory payments for meals to students in state,
municipal educational institutions, primary and
secondary vocational education;
Compensation payments for children under guardianship and
foster care;
Compensation payments to the spouses of military personnel serving under a contract during the period of their residence together with their spouses in areas where they are forced not to work or cannot find a job in their specialty due to the lack of employment opportunities, as well as for the health of their children;
Compensation payments to non-working wives of private 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 students and graduate students who are on academic leave for medical reasons;
Compensation payments to mothers (or other relatives who actually take care of the child) who are in labor relations on an employment basis with organizations, and to female military personnel who are on parental leave.
Thus, the main types of social security are: pensions, allowances, compensation payments and social services. In addition, there are other forms of social security, both state (budgetary and non-budgetary) and international.
CONCLUSION
As a result of the work, the goal and objectives were achieved.
Based on the results of the study, we conclude that social security is a set of interrelated and interdependent legal, socio-economic measures aimed at compensating 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 (mandatory) social insurance;
State social assistance.
Also, centralized, regional, municipal and local are distinguished as forms of social security.
The system of state pension provision can be implemented in the form of compulsory social insurance, or voluntary social insurance, or through direct appropriations from the budget (military personnel, federal judges and other categories of citizens).
Types of social security is a way of providing material assistance or a way in which the state assists a citizen in meeting a particular need. It is customary to talk about such types of social security as pensions, various types of benefits, benefits, social services and in-kind security.
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 (kind).
Types of social security provided in kind include:
Health care,
drug supply,
Spa treatment,
Social services provided by social service institutions,
Specific services provided to persons 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 questions about the forms of social security, it is also necessary to note non-state forms: charity and provision from public funds.
REFERENCES
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 No. 135-FZ of 11.08.1995 (as amended on 05.05.2014) "On charitable activities and charitable organizations"// Rossiyskaya Gazeta. - 17.08.1995. - No. 159. - Access mode: Consultant plus.
4. Federal Law of December 28, 2013 N 442-FZ (as amended on July 21, 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 November 29, 2010 N 326-FZ (as amended on December 30, 2015) "On Compulsory Medical Insurance in the Russian Federation" (as amended and supplemented, effective from January 1, 2016) // Rossiyskaya Gazeta . - 06.12.2010. - No. 275. - Access mode: Consultant plus.
6. Federal Law of December 15, 2001 N 167-FZ (as amended on December 14, 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 welfare assistance // Bulletin of the Tomsk State University. Right. - 2014. - No. 3 (13). - S. 104-111.
8. Durdenevsky, 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. - S. 94 -96.
10. Machulskaya, E.E. Social security law: textbook / E. E. Machulskaya. - 2nd ed., revised. and additional - 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. Social security law: textbook / ed. K.N. Gusov. - M.: Prospekt, 2011. - 328s.
13. The law of social security in Russia: a textbook for bachelors / Ed. ed. E.G. Tuchkov. - M .: Prospect, 2014. - 365 p.
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. - 487p.
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 principles in social security law / E.M. Filippova // Bulletin of the South Ural State University. Series: Law. -2013. - T. 13.- No. 2. - S. 66–69.
19. Shevnina, L.E. Organizational and legal aspects of social security of the population / L.E. Shevnina, A.V. Barkevich // Leningrad legal journal. - 2012.- No. 1. - S. 176-183.
20. Yurina, E.A. On some measures of social support of 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.
Durdenevsky, 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., revised. and additional - M.: Yurayt Publishing House; ID Yurayt, 2011. - p.45.
Suleimanova, G.V. Social security law. Textbook for bachelors. Moscow: Yurayt. 2013. - p.88.
Rozhdestvin, A.A. Social security law / M. Dana. 2013 - p.41.
Russian social security law: a textbook for bachelors / Ed. ed. E.G. Tuchkov. - M .: Prospect, 2014. - p.14.
Social security law: textbook / ed. K.N. Gusov. - M.: Prospekt, 2011. - 328s.
Machulskaya, E.E. Social security law: textbook / E. E. Machulskaya. - 2nd ed., revised. and additional - M.: Yurayt Publishing House; ID Yurayt, 2011. - p.85.
The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (as amended on July 21, 2014) // Rossiyskaya Gazeta. –21.07.2014. - No. 11. – Access mode: Consultant plus.
The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (as amended on July 21, 2014) // Rossiyskaya Gazeta. –21.07.2014. - No. 11. – Access mode: Consultant plus.
Federal Law No. 135-FZ of August 11, 1995 (as amended on May 5, 2014) "On charitable activities and charitable organizations" // Rossiyskaya Gazeta. - 17.08.1995. - No. 159. - Access mode: Consultant plus.
Panova A.A. Key types of social security // ScienceTime. - 2015. - No. 1 (13). - S. 360-363.
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.
Rozhdestvin, 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.