Bodies carrying out state social security. Social Security

Social Security

concept social security in science is defined ambiguously. There is still no generally accepted interpretation of the term. This is due to the fact that, as a rule, a complete and clear definition of a particular socially significant concept is given by legislators, government agencies in relevant legal acts, and this definition is reproduced by the scientific and legal communities as legal, officially approved.

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

In ordinary consciousness, social security refers to various types of assistance from society, the state to a person, categories and strata of the population.

In the "Dictionary of the Russian language" S.I. Ozhegov, the following interpretation of the word "provide" is given: 1) to provide sufficient material means of subsistence; 2) supply something in the right amount; 3) to make it quite possible, valid, realistically feasible; 4) protect, protect (obsolete).

In scientific, educational and reference literature, the concept of social security is formulated in different ways, based on the positions, points of view (legal, sociological, economic, etc.) from which it is considered.

So, E.E. Machulskaya and Zh.A. Gorbachev believe that social security is "a set of social relations for the distribution of off-budget social insurance funds and the redistribution of part of the state budget in order to meet the needs individuals in cases of loss of earnings or labor income, incurring additional expenses for the maintenance and upbringing of children, supporting other family members in need of care, lack of funds in the amount living wage for objective socially significant reasons, as well as for the provision of medical care and social services.

M.O. Buyanova, S.I. Kobzeva, Z.A. Kondratiev believe that social security is “a form of expression social policy of the state, aimed at providing material support for certain categories of citizens from the state budget and special off-budget public funds in the event of the occurrence of events recognized by the state on this stage their development socially significant, in order to equalize the social position of these citizens in comparison with other members of society.

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

In the textbook G.V. Suleymanova "The right of social security", social security is defined as "a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social status of citizens, and in cases provided for by law Russian Federation, other categories of individuals, due to the occurrence of circumstances recognized by the state as socially significant (insurance risks)”.

V.P. Galaganov considers social security as “a guaranteed system of material support for citizens (in cash and (or) in kind) upon reaching a certain age, in case of disability, loss of a breadwinner, temporary disability, raising children, loss of earnings and income, and in other cases, specially stipulated by law, as well as protecting their health and carried out at the expense of specially created extra-budgetary funds of compulsory social insurance, formed at the expense of insurance premiums (single social tax) and appropriations from the state budget of the Russian Federation by authorized bodies in the manner prescribed by law.

In the Soviet encyclopedic dictionary contains the following interpretation: “Social security is a system for providing and servicing the elderly and disabled citizens, as well as families with children.”

One of the largest Soviet legal scholars R.I. Ivanova considers social security as a sociological category of universal human value. In her opinion, social security is “a form of distribution of material goods not in exchange for labor expended in order to meet the vital personal needs (physical, social, intellectual) of the elderly, the sick, the disabled, children, dependents who have lost their breadwinner, the unemployed, all members of the society for the purpose of protecting health and normal reproduction of the labor force at the expense of special funds created in society, in cases and on conditions established in social, including legal, norms. This definition reflects the essence of social security, regardless of specific historical conditions, political system, economic system in which it is carried out. It follows that the purpose of social security is, first of all, to help meet human needs for sources of livelihood.

Social security is based on certain essential features. These include:

a) “the state character of the organizational and legal methods of distribution of the total social product established in society through the social security system”;

b) “objective grounds that cause the need for a special mechanism of social protection to maintain (provide) a certain level of life support”;

c) "special funds, sources of social security";

d) "special ways of creating these funds";

e) “special ways of providing means of subsistence”;

f) "fixing the rules for the provision of social security in social, including legal, norms."

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

The following functions of social security are distinguished in the literature:

1) economic function. It lies in the fact that the state, by distributing a certain part of the gross domestic product (GDP) of the country, has an impact on the equalization of citizens' incomes by providing material benefits (pensions, benefits, payments, etc.) instead of lost earnings, in the event of difficult life circumstances (disability, illness, unemployment and others), if necessary, reimbursement of additional expenses (for example, during the birth and upbringing of a child);

2) production function. It is expressed in the fact that the implementation of many types of social security (such as an old-age labor pension, temporary disability benefits, child benefits, and others) is due to the labor activity of people, social production;

3) social (social rehabilitation) function - “contributes to maintaining the social status of citizens in the event of various social risks (illness, disability, old age, loss of a breadwinner, unemployment, poverty) by providing various types of material support, social conditions, benefits in order to maintain a decent standard of living” and “restoration of full human life”;

4) political function - allows the state through
social security to implement the main directions of social
politicians;

5) demographic function - due to the fact that the social security system affects many demographic processes: life expectancy, population reproduction, and others.

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

IN economic aspect social security "serves as a specific tool used by society, the state to solve one of the most acute problems - the social problem of inequality of people's personal incomes, which is not a consequence of inequality in labor productivity and production efficiency."

Social security is also a legal category, since “states implement a policy of redistribution of income through a legal mechanism, fixing in a normative way the organizational and legal ways of implementing social security; the procedure for the formation of the relevant financial systems and their legal status, social security management systems; circle of persons subject to social security; types of security and conditions for their provision; mechanism for the protection of violated rights”. All of the above forms a system of social security law.

Social security is very important social category. This is due to the fact that the state, as a political institution of society, provides for a person in those cases when, due to objective circumstances, he needs help and support, thereby restoring his status as a full-fledged member of society.

As a political category, 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 non-budgetary funds in the event of events recognized as socially significant, in order to equalize the social position of these citizens compared to the rest members of society"

Of particular importance for scientific development social work and social science in general modern Russia acquires the need to designate the relationship and correlation of the concepts of "social security", "social insurance" and "social protection".

Social security is carried out in certain organizational and legal forms, one of which is state social insurance. According to Article 1 of the Federal Law of the Russian Federation "On the Fundamentals of Compulsory Social Insurance" (No. 165-FZ of July 16, 1999) compulsory social insurance- "a part of the state system of social protection of the population, the specifics of which is the insurance of working citizens carried out in accordance with federal law against a possible change in material and (or) social situation, including due to circumstances beyond their control."

Since the beginning of the 1990s, in connection with the transition to market relations In our country, the term "social protection of the population" is widely used. Since 1992, the Soviet social security agencies (social security services) have been renamed the system of social protection agencies, which is formed as social institution, including a set of norms, principles, institutions, organizations.

Unfortunately, the organizational and legal essence of the concepts of “social protection”, “social security”, as well as their interrelation and correlation, have not yet been defined at the official level. It must be said that in public consciousness often these two terms are confused and not separated.

Under social protection understand the totality of legally established economic, social, legal guarantees and rights, social institutions and institutions that create conditions for maintaining life support, the life of various social groups especially the socially vulnerable. P.M. Sadykov gives the following definition: "social protection is a policy of ensuring socio-economic rights and guarantees of a person in the field of living standards."

Modern researchers believe that social security is one of the main types of social protection of the population in the event of social risks; part of the social security system.

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

1) on social support for the elderly, the disabled, the disabled, families with children, the unemployed and other people in difficult financial situation;

2) to mitigate the negative results of economic reforms (indexation of citizens' incomes, the establishment of wage standards, the minimum duration of vacations, the provision of citizens with housing, etc.);

3) to create a favorable environment and health care;

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

Based on this, it can be concluded that:

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

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

That is, social protection is understood as a more universal, broader system of supporting the population than social security, which is focused not only on classical social risks (old age, disability, temporary disability, etc.), but also on the risks caused by the new social economic and political situation.

To some extent, such a ratio of social protection and social security can be judged on the basis of Part 1 of Article 72 of the Constitution of the Russian Federation, which states that “in jointly administered of the Russian Federation and the subjects of the Russian Federation are:<...>and)<...>social protection, including social security;<...>».

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

Thus, the concept of "social protection" is much broader and more voluminous than the concept of "social security"; social security is included in the system of social protection of the population, is its constituent element.

Social security is also one of the most important technologies of social work. Samu social work can be defined as the activity of the state, public organizations and individuals, aimed at solving social problems group, individual, for rendering social assistance and services to people in difficult situations.

Traditionally, technology is understood as "a set of methods of processing, manufacturing, changing the state, properties, form of raw materials, material or semi-finished products in the production process" .

Technology in social work is a certain set of techniques, methods, methods of influence used by social services, organizations, social workers to achieve goals in the process of social work, solving various social problems and providing effective social assistance.

Social security, along with such technologies (types) of social work as social prevention, social rehabilitation, social therapy and others, refers to the general technologies of social work, that is, those that are applicable to all objects of social work.

As stated in study guide"Social work" edited by V.I. Kurbatov, “the social security system occupies a special place among common technologies social work. It is not only interconnected with other technological procedures of socionomy, but also ensures their interaction in practice.

Thus, social security is a multidimensional and multifunctional phenomenon. modern society, the essence of which is to ensure and protect the optimal standard of living, maintaining the social status of the individual. for the upbringing of children and in other cases established by law. At the same time, it is emphasized that "state pensions and social benefits are established by law and must ensure a standard of living not lower than the subsistence minimum established by law."

To date, the Republic of Bashkortostan has adopted a large number of laws, decrees, resolutions and other acts relating to the social security of various categories of the population. For example, the Law of the Republic of Belarus “On State Support for Large Families in the Republic of Belarus” of July 24, 2000, the Law of the Republic of Belarus “On Social Support for the Disabled in the Republic of Belarus” of December 17, 2004, the Decree of the President of the Republic of Belarus on the provision of minibuses to large families with 10 or more children under the age of 18 years old (dated July 24, 2003), Decree of the President of the Republic of Belarus “On measures for state support of the family, motherhood and childhood and improvement of the demographic situation in the Republic of Belarus” and others.

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

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

Forms and types of social security

In real life, social security exists in various forms. Corresponding Member of the Russian Academy of Natural Sciences V.P. Galaganov understands the form of social security as “the way of its existence, that is, its external manifestation (appearance)”.

The literature discusses the specific features by which this or that form of social security is distinguished:

a) sources and methods of financing;

b) the circle of persons provided;

c) types of collateral;

d) bodies providing security.

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

G.V. Suleimanova distinguishes two such forms:

“1) state social insurance, carried out at the expense of insurance premiums, in the amount and in the manner prescribed by law;

2) state social security, carried out at the expense of budgetary funds, including state social assistance to poor citizens.

HER. Machulskaya and Zh.A. Gorbachev is defined by three organizational and legal forms: “state compulsory social insurance; social security through direct appropriations from the federal budget; state social assistance.

M.L. Zakharov and E.G. Tuchkov allocate “mandatory social insurance; social security at the expense of budgetary funds; mixed form of social security applicable to certain special subjects.

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

G.V. Suleimanova also identifies forms of social security depending on the way the needs are met: natural (social service, prosthetic and orthopedic care for the disabled, etc.) and monetary(pensions, payments, etc.).

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

Social insurance is “an institution of social protection of the economically active population against the risks of loss of income ( wages) due to disability (illness, accident, old age), place of work or additional unforeseen expenses associated with treatment.

Working citizens take part in the formation of financial sources of compulsory social insurance. Insurance premiums are deducted from the salaries of employees without fail to non-budgetary social insurance funds, which will be insurers (Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, compulsory medical insurance funds). “These contributions are considered as a deferred part of the earnings of employees for their future social security (in some cases, family members) in the form of appropriate pensions, benefits, social services, medical assistance.” Insurance premiums are directly paid by organizations, enterprises, institutions (for insurance of the working population), as well as state executive authorities, federal bodies and bodies of constituent entities of the Russian Federation and local government(for insurance of the non-working population), which are called insurers.

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

Social insurance risk arises when an insured event occurs - "an event in connection with which the insurer is obliged to provide for the insured person, and the latter has the right to this provision."

Each type of insurance risk corresponds to a certain type of social security for compulsory social insurance. These types include: payment for medical care; old-age, disability, survivor's pensions; benefits for temporary disability, in connection with labor injury and occupational disease, for pregnancy and childbirth, for unemployment, and others.

At present, there is no unified social insurance fund in Russia, at the expense of which all types of compulsory social insurance would be provided. Therefore, each off-budget fund makes its own insurance payments: the Pension Fund pays labor pensions, the Social Insurance Fund pays benefits for temporary disability, pregnancy and childbirth, and others, the Compulsory Medical Insurance Fund pays for medical treatment. The general management of them is carried out by the Government of the Russian Federation.

In addition to insurance premiums, the unified social tax, federal budget subsidies, penalties, and others are sources of cash flow to extrabudgetary funds.

The second organizational and legal form of social security - social security at the expense of budgetary funds. It is a "system of material support and social services for certain categories of citizens who are not subject to compulsory social insurance, and the provision of certain types social security for the entire population, regardless of belonging to certain categories of citizens at the expense of budgetary appropriations.

The circle of persons provided at the expense of budgetary funds covers:

1) citizens "receiving security in connection with a certain social useful activity(during which they are not subject to compulsory social insurance) upon the occurrence of circumstances recognized as socially respectful. This category includes, for example, military personnel, police officers, FSB, tax police. They are paid pensions, allowances and other types of social security at the expense of the federal budget;

2) "the entire population of the country, provided with certain types of social security without any connection with human labor." Among these types are such as social benefits in connection with the birth of a child, social benefits for burial, vocational training and employment of the disabled, various benefits, payments, and more. "The specified types of social security are provided to any citizen upon the occurrence of circumstances specified in the legislation, and regardless of the fact that he receives certain types of insurance coverage or other types of social security at the expense of budgetary funds."

Many bodies finance social security at the expense of budgetary funds: the Ministry of Defense, the Ministry of Internal Affairs, the Federal Security Service and other departments, as well as the bodies of social protection of the population, health care, education, employment, guardianship and guardianship, and others.

In the system of this form of social security, a subsystem is distinguished - state social assistance. It was established by the federal law of July 17, 1999 “On State Social Assistance” and is currently in the process of being formed. Its subjects are “only low-income individuals and families, and the basis for the provision of social benefits or services is the level of individual or average per capita family income. If it is below the subsistence level, then the family (a citizen living alone) is considered poor and has the right to receive state social assistance. Thus, the right to social assistance is not conditional on participation in labor activity or paying insurance premiums.

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

Consider the types of social security, dividing them into groups: pensions, allowances, payments, benefits, social services, medical care and treatment.

1) Retirement(from the Latin word pensio - payment) - "a regular cash payment as material security for old age, disability, for length of service, in case of loss of a breadwinner, etc."

The modern Russian pension system consists of two relatively independent subsystems: compulsory pension insurance and state pension provision.

Mandatory pension insurance is financed by the Pension Fund of the Russian Federation, where employers pay insurance premiums for their employees. This insurance covers working citizens and their families.

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

The pension system "is a complex technological chain, consisting of a number of links - from the appointment to the payment of a pension."

All pensions are divided into " labor pensions included in the mandatory pension insurance system, and budget pensions- for state pensions.

Labor pension- this is "a regular (monthly) cash payment accrued to citizens in order to compensate for wages or other income received by insured persons before the establishment of a labor pension or lost by disabled family members of insured persons due to the death of these persons ...". The legal basis for the appointment and regulation of such pensions are the federal laws "On labor pensions in the Russian Federation" dated 12/17/01 and "On compulsory pension insurance in the Russian Federation" dated 12/15/01.

Distinguish four kinds labor pensions: for old age, for disability, for the loss of a breadwinner, for length of service.

The following persons are entitled to receive a budget pension:

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

2) persons in military or law enforcement service;

3) participants of the Great Patriotic War;

4) citizens affected by radiation or man-made disasters;

5) disabled citizens”.

The main regulatory act regulating relations in the field of such pensions is the Federal Law "On State Pension Provision in the Russian Federation" dated 12/15/01.

Budget pensions for disabled citizens are called "social pensions". It is established mainly for children with disabilities, disabled since childhood, for men aged 65 years and women - 60 years old who are not entitled to a labor pension, including those who have not accumulated the relevant work experience.

2) Benefit- this is "a cash payment assigned to citizens for a certain period in order to provide them with lost earnings or provide additional material assistance in cases recognized as socially significant." Such socially significant cases are, for example, the birth of a child, pregnancy, death of a family member, and others.

According to the categories of persons entitled to receive benefits, the following types of benefits are distinguished: 1) benefits to citizens with children; 2) allowances for temporarily disabled citizens; 3) benefits for the unemployed; 4) other benefits (for example, for refugees, orphans, social benefits for burial).

3) Compensation payments(compensation) is “reimbursement to citizens of the expenses they have incurred, established by law”. The purpose of such payments is additional material support for citizens in objective socially significant circumstances, regardless of whether they have any source of income.

According to the circle of persons entitled to compensation payments, compensations are allocated: to mothers, other relatives who actually care for a child under the age of 3 years; students, graduate students who are on academic leave for medical reasons; non-working able-bodied citizens caring for disabled citizens, and other types.

4) Privileges in social security are considered as "providing a special advantage or preference to certain categories of citizens ...". There are benefits:

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

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

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

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

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

As an example of rehabilitation services, one can cite the rehabilitation of disabled people, which includes the provision of prosthetic and orthopedic care, medical and social examination, vocational training, employment of disabled people and other activities.

The system of institutions providing various types of social security includes territorial departments of social protection, departments of the Pension Fund of the Russian Federation, social service centers, boarding schools, prosthetic and orthopedic enterprises, and others.

7) Vocational training and employment disabled people as a type of social security becomes especially significant in modern conditions. The state provides guarantees to the disabled employment. In accordance with the Federal Law of the Russian Federation "On the social protection of persons with disabilities in the Russian Federation", a set of measures is provided for increasing their competitiveness in the labor market. These include:

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

Reservation of jobs for professions most suitable for the employment of disabled people;

Stimulating the creation of additional jobs by enterprises, incl. special for the employment of disabled people;

Creation of working conditions for the disabled in accordance with their individual rehabilitation programs. For disabled people of groups 1 and 2, a reduced working time of no more than 34 hours per week is established with a reduction in full wages; have the right to provide them with leave without pay for up to 2 months at their request;

Creating conditions for entrepreneurial activity disabled people;

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

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

8) Prosthetic and orthopedic care disabled people is aimed at providing them with the necessary prostheses, personal means of transportation at home and on the street, as well as orthoses - devices and corsets necessary for life. The manufacture and repair of these products is carried out at the expense of the federal budget.

As a result, the following conclusions can be drawn:

1) social security - an institution of modern society; universal social technology, the purpose of which is to maintain the social status of the individual, maintaining the standard of living in the event of the onset of objective life circumstances (social risks). The implementation of social security is the task of the state, which, like a loving father who takes care of his children, provides (from the words “bake” (take care), “care”) its citizens with sources of livelihood, guarantees protection from social risks (illness, old age, disability, unemployment, etc.), maintains well-being, social justice and solidarity, softens social inequality;

2) social security as a social phenomenon finds its origins in history. It is based on the traditions and forms of community-tribal assistance, princely charity, church, public and state charity;

3) at present, social security in Russia is based on a significant system of legal acts of various levels and is included in the structure of the institution of social protection of the population;

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

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2.4. State system of social services (social services)

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

The federal laws regulating relations on social services for citizens did not contain an unambiguous indication of the forms and types of social services and social services. Only from January 1, 2015, in accordance with the Federal Law of December 28, 2013 No. 442-FZ “On the Fundamentals of Social Services for Citizens in the Russian Federation” (the Law on Social Services), forms of social services were defined. These include: social services at home; semi-stationary social service; stationary social service.

The listed forms of social services for citizens are carried out in the following types of institutions: stationary institutions social services; complex centers of social services for the population; territorial centers of social assistance to families and children; social service centers; social rehabilitation centers for children and adolescents (minors); centers for helping children left without parental care; social shelters for children and teenagers; centers of psychological and pedagogical assistance to the population; emergency psychological help by phone; social assistance centers at home; night stay houses; special homes for single elderly; gerontological centers; other institutions providing social services.

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

- social and domestic;

– socio-medical;

- socio-psychological;

- socio-pedagogical;

- social and labor;

– social and legal;

– services to increase the communication potential of recipients of social services with disabilities, including children with disabilities;

– urgent social services.

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

The range of services provided to citizens is determined by law by the executive authorities of the constituent entities of the Russian Federation. Usually the services provided are fixed in the list guaranteed services approved in the region. We list the most typical of them: material and household services; catering, household, leisure services; social and medical services; sanitary and hygienic services; legal services; rehabilitation services; funeral services.

Some of them can be provided to citizens in various combinations and combinations.

In turn, using the above classification criteria, these social service systems can have their respective subsystems.

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

- inpatient social services for the elderly and disabled;

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

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

In the system of emergency social services, subsystems can be distinguished:

- temporary shelter;

– free social and advisory assistance.

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

– medical rehabilitation of the disabled;

– professional rehabilitation of the disabled;

– employment of disabled people;

- prosthetic and orthopedic care for the disabled;

– provision of disabled people with means of transportation.

The system of social services for children can be represented as the following subsystems:

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

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

- social services for children in a foster family.

As you can see, there is no clearly defined differentiation of the nationwide system of social services into insurance and budgetary ones. At the same time, there is such a type of compulsory social insurance as insurance for accidents at work and occupational diseases. 14
Federal Law of July 24, 1998 "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" (with subsequent amendments and additions).

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

2.5. State system for the provision of medical care and treatment

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

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

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

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

– social medical assistance;

– social drug assistance;

- Spa treatment.

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

Social medical care, which is provided by state and municipal health care institutions free of charge, includes the following types:

– primary health care;

- emergency;

– specialized medical care;

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

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

The subsystem of social drug assistance to citizens includes:

- free medical care;

– drug care provided at a discount from the full cost of medicines and medical products.

Taking into account the financial source through which the spa treatment is carried out, we can talk about two main subsystems:

– sanatorium-and-spa treatment at the expense of compulsory social insurance funds;

– sanatorium treatment at the expense of the state budget.

Depending on the circle of persons and the type of diseases, the system of sanatorium treatment consists of the following subsystems:

– sanatorium treatment in a general sanatorium;

– sanatorium treatment in specialized sanatoriums;

– sanatorium-resort treatment in a sanatorium-dispensary;

– sanatorium treatment in a boarding house with treatment;

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

2.6. State social assistance system

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

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

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

a) additional medical care (providing citizens with free medicines by prescription, providing vouchers for sanatorium treatment if there are medical indications);

b) free travel on the suburban railway transport, on long-distance transport to the place of treatment and back.

In addition to these systems, a relatively independent system is made up of benefits and benefits provided to certain categories of citizens. Benefits are present in many types of social security. It is quite difficult to precisely define the signs or criteria for the allocation of benefits and benefits, as well as their classification. Three features are more clearly manifested, with the help of which they can be distinguished - subject composition their recipients target And conditions their provision. In addition, in recent legislation, the very term “benefits” has been replaced by the term “measures social support”, and many pre-existing benefits are being replaced with cash payments. (For this see educational literature in the discipline "Social Security Law").

Control questions and tasks

1. What is the social protection of the population?

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

3. Describe the pension system in Russia. What are the signs of its differentiation?

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

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

6. What is the system of protecting the health of citizens?

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

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

3.1. general characteristics bodies implementing state social security

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

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

Let us consider what are the bodies functioning in the field of social security in general terms, and what are their differences.

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

First, let's find out what kind of bodies we are talking about, if there are two main organizational forms of social security - compulsory social insurance and provision at the expense of budgetary appropriations.

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

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

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

Thus, criteria that are not always available, for example, forms and types of social security, may directly indicate the body that provides this or that type of security.

Now let's find out what the competent authorities can be, depending on this type of social security, such as social benefits, and what are the categories of their recipients. Most typical example- provision of benefits for pregnancy and childbirth.

The Federal Law of May 19, 1995 “On State Benefits for Citizens with Children” establishes the right to benefits for pregnancy and childbirth for various categories of women. For example, such an allowance is given to women subject to social insurance; students with a break from work in educational institutions of primary, secondary and higher professional education, in institutions of postgraduate professional education; passing military service under the contract, service as private and commanding officers in the internal affairs bodies and in other cases.

According to the rules in force for the specified categories of women, the social allowance in question is assigned and paid, respectively, at the place of their work, study or service. But there is an exception. Thus, this allowance is assigned and paid to a woman at her last place of work (service), if maternity leave came within a month after dismissal from work (service) in the following cases: a) transferring her husband to work in another area, moving to place of residence of the husband; b) an illness that prevents the continuation of work or residence in the area (in accordance with a medical certificate issued in the prescribed manner); c) the need to care for sick family members (if there is a medical certificate) or disabled people of group I. Thus, various authorities will come into play, obliged to pay this allowance. Another example. Now we will talk about such a delimiting criterion as the financial sources of payment of benefits for pregnancy and childbirth. They may be different. Thus, for women subject to compulsory social insurance, these benefits are paid by the employer at the expense of the FSS of Russia. The same fund finances the expenses for allowances for women who study part-time in educational institutions of primary, secondary and higher vocational education, in institutions of postgraduate vocational education. The direct payment of such benefits is carried out by the administration educational institution. Women undergoing military service under a contract, serving as private and commanding personnel in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penitentiary system, in bodies for controlling the circulation of narcotic drugs and psychotropic substances, in customs authorities receive this allowance at the expense of the state budget in the relevant body.

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

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

In addition to the bodies directly providing some kind of social security, there are others. Among them, one way or another related to social security issues, include, for example, federal legislative, executive and judicial authorities, relevant bodies of the constituent entities of the Russian Federation and local self-government, compulsory social insurance funds, non-profit and other organizations, administration of organizations and institutions .

Not all of these bodies are in direct contact with citizens and provide them with one or another type of support. They may directly or indirectly (indirectly) relate to the sphere of social security of the population. An example of an indirect relationship to the sphere of social security is the activity of federal legislative bodies. Thus, the Federal Assembly, as the highest body of legislative power, cannot be called a social welfare body, since it has no direct connection with a particular citizen. But from those adopted by this legislature federal laws depends on social security Russian citizens.

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

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

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

Through them, the government carries out all the work to fulfill the tasks assigned to it by law, including social security. Thus, the structure of the federal government includes the Ministry of Labor and Social Protection. Through this ministry, the government ensures the implementation public policy in the field of social security. In turn, subordinate bodies subordinate to the Ministry of Health and Social Development of Russia, for example, district or city departments (committees, departments, services) of social protection of the population 16
This is the official name of these bodies.

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

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

A similar analogy can be traced in the relationship between the bodies that are part of the system of each social insurance fund (PFR, FSS of Russia, FFOMS). These funds are not bodies of state executive power. The content of relations between bodies within the structure of each fund is of an administrative nature. In other words, in the internal relationships of these bodies, there are also relations of subordination and power, therefore such relations can also be regulated by the norms of administrative law. Consequently, there are clearly defined vertical relations of an administrative-legal nature within the very system of some bodies that provide this or that type of social security. There are such relations between the bodies that are part of the structure of the PFR, the FSS of Russia, FFOMS. Between the bodies themselves (vertically) the principle of subordination and power operates.

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

In this case, we note the main feature. Between the subjects of material relations for social security - citizens and bodies (organizations) - there are no relations of subordination and power. Consequently, there are no administrative-legal relations between citizens who are recipients of material benefits, that is, one or another type of social security, and the bodies that provide them.

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

Taking into account the scope of authority of the bodies, the degree of their participation in the social security of the population, it is possible to distinguish five main classes of bodies that carry out their functions of social security.

First class - public authorities and bodies municipalities. They were mentioned above. They also mean the bodies of various federal ministries and departments, for example, the Ministry of Labor and Social Protection of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Defense of Russia, etc.

The second class is the bodies of compulsory social insurance. In this case we are talking about the bodies included in the structure of the PFR, the FSS of Russia, FFOMS, from the federal level to the local level.

The third class is non-state bodies, such as non-state pension funds. The state transferred them some powers on funded pensions (funded part of the labor pension).

The fourth class is public organizations: these are trade unions, public organizations of the disabled, for example, the All-Russian Society of the Disabled, the All-Russian Society of the Blind, the All-Russian Society of the Deaf.

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

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

Social protection of the population- this is one of the most important directions of the social policy of the state, which consists in establishing and maintaining the socially necessary material and social position of all members of society.

Sometimes social protection is interpreted more narrowly: as providing a certain level of income for those segments of the population who, for whatever reason, cannot independently provide for their existence: the unemployed, the disabled, the sick, orphans, the elderly, single mothers, families with many children. Basic principles of social protection:

• humanity;
• targeting;
• complexity;
• ensuring the rights and freedoms of the individual.

The system of social protection of the population and its structure

Social security system is a set of legislative acts, measures, as well as organizations that ensure the implementation of social protection measures for the population, support for socially vulnerable segments of the population.

It includes:

1. Social Security originated in Russia in the 1920s. and meant the creation of a state system of material support and services for the elderly and disabled citizens, as well as families with children at the expense of the so-called public consumption funds. This category is essentially identical to the category of social protection, but the latter applies to a market economy.

In addition to pensions (for old age, disability, etc.), social security included benefits for temporary disability and childbirth, for caring for a child under the age of one, assistance to families in the maintenance and upbringing of children (free or on preferential terms, nurseries, kindergartens, boarding schools , pioneer camps, etc.), family allowances, maintenance of the disabled in special organizations (nursing homes, etc.), free or concessional prosthetic care, provision of vehicles for the disabled, vocational training for the disabled, and various benefits for the families of the disabled. During the transition to the market, the social security system largely ceased to fulfill its functions, but some of its elements entered into modern system social protection of the population.

2. - the provision of social benefits and services to citizens without taking into account the labor contribution and means test based on the principle of distributing these benefits according to the needs of the available public resources. In our country, social guarantees include:

• guaranteed free medical care;
• general accessibility and free education;
• minimum size wages;
• the minimum amount of pensions, scholarships;
• social pensions (disabled since childhood; disabled children; disabled people without work experience; children who have lost one or both parents; persons over 65 (men) and 60 (women) years who do not have work experience);
• allowances at the birth of a child, for the period of caring for a child until he reaches the age of 1.5 years, up to 16 years;
• ritual allowance for burial and some others.

Since January 1, 2002, the amount of benefits related to the birth of a child has been increased. Thus, the size of the lump-sum allowance at the birth of a child increased from 1.5 thousand rubles to 4.5 thousand rubles and in 2006 - up to 8000 rubles, the monthly allowance for the period of parental leave until the child reaches the age of one and a half years from 200 up to 500 rubles, and in 2006 - up to 700 rubles. This allowance provided 25% of the living wage for an able-bodied person. The amount of the monthly allowance for a child under 16 years of age has not been revised and amounts to 70 rubles. Its ratio with the subsistence minimum for a child was 3.0% in 2004. In Moscow and some other regions, this allowance in 2006 increased to 150 rubles.

A variety of social guarantees are social benefits. They represent a system of public guarantees provided to certain groups of the population (disabled people, war veterans, labor veterans, etc.). In 2005, benefits in kind were replaced by monetary compensations for these categories of the population. Since January 1, 2005, the preferential category of citizens has the right to use the social package and the right to receive monthly cash payments. The cost of the social package is set at 450 rubles. It includes travel in suburban transport, free drug provision, sanatorium treatment and travel to the place of sanatorium treatment. The law provides that from January 2006 beneficiaries will be able to choose between a social package and receiving the appropriate amount of money.

From January 1, 2006, monthly cash payments in accordance with the law were established in the following amounts: invalids of the Great Patriotic War - 2000 rubles; participants of the Second World War - 1500 rubles; combat veterans and a number of other categories of beneficiaries - 1,100 rubles.

Persons who worked during the Second World War at air defense facilities, the construction of fortifications, naval bases, airfields and other military facilities, family members of those who died or died war invalids, participants in the Great Patriotic War and combat veterans, will receive 600 rubles a month.

Disabled persons with a third degree of restriction of labor activity are paid 1,400 rubles a month; second degree - 1000 rubles; first degree - 800 rubles; disabled children will be paid 1000 rubles. Disabled people who do not have a degree of restriction on labor activity, with the exception of disabled children, receive 500 rubles a month.

Social insurance— protection of the economically active population from social risks on the basis of collective solidarity in compensation for damage. The main social risks associated with the loss of ability to work, work and, accordingly, income, are illness, old age, unemployment, motherhood, accident, work injury, occupational disease, death of the breadwinner. The social insurance system is financed from special extra-budgetary funds formed at the expense of contributions from employers and employees, as well as state subsidies. There are two forms of social insurance - compulsory (supported by the state of its funds) and voluntary (in the absence of state assistance). Citizens are supported primarily through cash payments (pensions and benefits for sickness, old age, unemployment, loss of a breadwinner, etc.), as well as through financing of health services, vocational training, etc. related to the restoration of working capacity.

Social support(assistance) is provided to socially vulnerable groups of the population who, for one reason or another, are unable to secure an income for themselves. Assistance is provided through both cash and in-kind payments (free meals, clothing) and is funded by general tax revenues. Means testing is usually required to receive social assistance. Assistance is provided to those people whose incomes are below the minimum living standards, and is an essential element of the anti-poverty policy, ensuring a minimum guaranteed income, as a realization of the right to life.

Social support is not limited to material assistance. It also includes measures in the form of assistance and services provided by individuals or population groups with social services to overcome life difficulties, maintaining social status, adaptation in society.

The activities of social services for social support, the provision of social, medical, pedagogical, legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations has formed into a separate branch of the social sphere - social services.

The system of social service institutions in Russia is developing at a very rapid pace. During the period 1998-2004, the total number of social service institutions increased by one third. At the same time, the number of institutions for the elderly and the disabled increased by more than 1.5 times compared with 1985, and by 18% compared with 1998. Number of centers for social assistance to families and children in 1998-2004 increased by 2 times, social rehabilitation centers - by 2.5 times. There are 25 rehabilitation centers for young people with disabilities, 17 geriatric centers. New types of social service institutions have appeared: crisis centers for women, so far the only crisis center for men, crisis departments for girls.

Work aimed at helping, supporting and protecting people, and, above all, socially weak sections of society, is called social work.

The object of social work are people in need of outside help: the elderly, pensioners, the disabled, the seriously ill, children; people who got into
I wish for a life situation: the unemployed, drug addicts, teenagers who have fallen into bad company, single-parent families, convicts and those who have served their sentences, refugees and migrants, etc.

Subjects of social work- those organizations and people who carry out this work. This is the state as a whole, carrying out social policy through state bodies of social protection. These are public organizations: the Russian Association of Social Services, the Association of Social Pedagogues and social workers etc. This charity organisations and relief societies such as the Red Cross and Red Crescent.

The main subject of social work are people engaged in it professionally or on a voluntary basis. There are about half a million professional social workers (that is, people with the appropriate education and diploma) all over the world (in Russia there are several tens of thousands). The main part of social work is performed by non-professionals, either as a result of circumstances or because of convictions and a sense of duty.

Society is interested in increasing effectiveness of social work. However, it is difficult to define and measure it. Efficiency is understood as the ratio of the results of activities and the costs necessary to achieve this result. Efficiency in the social sphere is a complex category that consists of goals, results, costs and conditions social activities. The result is the final result of any activity in relation to its purpose. It can be positive or negative. In social work, the result is the satisfaction of the needs of its objects, clients of social services, and on this basis the general improvement of the social situation in society. The criteria for the effectiveness of social work at the macro level can be indicators of the financial situation of the family (person), life expectancy, the level and structure of morbidity, homelessness, drug addiction, crime, etc.

The problem of the limits of social assistance to citizens is closely related to the criterion of effectiveness. As in the implementation of the income policy, it is necessary to take into account the possible negative consequences of massive social support: the appearance of dependency, passivity, unwillingness to make decisions and solve one's own problems. There may be negative developments in the social sphere (for example, active support for single mothers may result in a decrease in the marriage rate and, ultimately, the birth rate).

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, and governmental support families, motherhood, fatherhood and childhood, disabled and elderly citizens, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established.

According to the "Dictionary of the Russian language" SI. 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 security 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 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 as the social security system itself developed in the Russian state, and still in the 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 regulations.

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 legal regulation 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 natural environment, minimum wage labor 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 a 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 - wage-earners heavy industry and 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 providing citizens in old age and incapacity for work, taking care of mothers and children, 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 this or that type of security should be called social. These, in our opinion, are:

1) sources of financing.

Almost all scientists are unanimous that social security should be provided 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 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 security;

3) conditions for the provision of security The right to a particular type of security is established for certain groups of the above citizens only under the appropriate circumstances,

specified in the law. These mainly include events (reaching a certain age, disability, death, birth of a citizen, etc.). These circumstances in most cases are associated with the onset of a difficult life situation for a person, in which he finds himself for reasons beyond his control and when the help of society is extremely necessary;

4) 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. IN

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 the material provision of 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 social production in general and individual industries National economy, economic recovery of priority development zones, etc.

The political function is aimed at rapprochement social level 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 health care for 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. 1.

§ 1. The concept and essence of legal liability under Russian law. Types of legal liability for violation of law and order

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. 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 is 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:

1. pensions (all varieties and types);
2. allowances (all types).

Payments in kind include:

1. benefits (for example, free medicine);
2. compensation (for example, provision of housing due to disasters, etc.);
3. medical services, including sanatorium treatment;
4. 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 occurring on this moment in the country.