The social security system and its structure. Organizational and legal forms of social security Main types of social security

Social Security- 1) one of the ways to distribute a part of GDP by providing citizens with material benefits in order to equalize their personal income in cases of social risks at the expense of targeted financial sources in the amount and on conditions strictly regulated by society, the state, to maintain their full social status; 2) a system of material support and services for citizens due to age, illness, disability, unemployment, loss of a breadwinner, upbringing of children and in other cases established by law.

Social security is a system of socio-economic measures that guarantee (Table 2.1):

• - material support of citizens in old age, during a period of temporary disability, in the event of the loss of a breadwinner in the family;
• - providing benefits and benefits to mothers, families with relatively low average per capita incomes, etc.

Characteristics of social security in Russia

The main types of social security include:

• pensions for old age, disability, loss of a breadwinner, seniority, social;
• unemployment benefits, temporary disability benefits, pregnancy and childbirth, large and single mothers, children, disabled since childhood, etc.;
• the maintenance and service of children, the elderly and the disabled in stationary institutions;
• vocational training, employment of the disabled, prosthetic and orthopedic and medical and social assistance, benefits and benefits for the disabled, medical and social expertise and rehabilitation, etc.

Social Security Law - a set of legal norms that regulate public relations in a specific way regarding the distribution of a part of the gross domestic product by providing the population with cash payments, medical and drug assistance, social services or benefits according to the norms and in the manner prescribed by law, and also relations for the implementation, protection and restoration of the constitutional right of citizens to social security.

There are two different protective phenomena in social security:

• 1) protection of social rights;
• 2) protection of social rights.

Wherein protection of social rights - a set of various interrelated measures carried out by public authorities, local authorities and public associations and aimed at preventing violations of social human rights or removing obstacles that are not offenses to the exercise of his rights.

Under protection of social rights is understood as a legal way of restoring a violated human right, enforced against an obligated person, either by the authorized person himself or by the competent authorities.

Social guarantees - social rights obligatory for the state, i.e. relationships that cannot fail. Social guarantees are declared social rights secured by existing state resources.

Social guarantees - social rights in action, realized social rights. In this regard, social guarantees can be viewed in the same way as the possible right of citizens to dispose of the resources that are at the disposal of the state. Therefore, for the state in its socio-political activities, it is an important problem to determine the circle of persons who are entitled to a part of the state's income, and thus to certain benefits.

social benefit- an attitude in society in which an individual or a group of individuals is endowed with a product from public funds because of his or their need. The principle of need is at the basis of receiving social benefits by citizens.

Need - temporary or permanent underconsumption by a person of food, durables and services that are widespread in society.

neediness- such a state of individuals that arises from the inability of the individual himself to satisfy his needs, and therefore, to be limited to enter into relationships that are significant for society as a whole.

This inability arises from a number of biological, economic, political and social constraints. Biological restrictions are divided into physiological and psychological restrictions that do not allow an individual, either because of infancy and old age, or because of disability and illness, to work, and therefore, to enter into relationships that are universal.

The essence of the social policy of the state is to maintain relations both between social groups and within them, providing conditions for improving the well-being and living standards of members of society, creating social guarantees in the formation of economic incentives for participation in social production. At the same time, it should be noted that the social policy of the state, which acts as an integral part of the measures taken by the state in order to regulate the conditions of social production as a whole, is closely linked to the general economic situation in the country.

In their economic essence, relations in the field of social security are distributive relations.

By terms of existence In time, legal relations in the field of social security are divided into three groups:

• - legal relations terminated by a single performance of duties (for example, legal relations regarding lump-sum benefits - on the occasion of the birth of a child; for burial, etc.);
• - legal relations with an absolutely established period of existence in time. The peculiarity of this type of legal relationship is that from the moment of their occurrence it is known in advance when they will be terminated. This group of legal relations can include, for example, the legal relationship for the payment of benefits during parental leave until the child reaches the age of one and a half years; legal relationship for the payment of a disability pension established for a certain period, etc.;
• - legal relations with a relatively indefinite period of existence in time (for example, a legal relationship regarding the payment of an old-age pension; a legal relationship for social services for the elderly living in a stationary social service institution, etc.).

By types social security, depending on the source of funds, the following types of legal relations can be distinguished:

• - to provide at the expense of budgets of all levels, as well as off-budget state social funds;
• - on provision from non-state funds (non-state pension funds, charitable funds, funds of individual legal entities or individuals, etc.).

By forms State social security can be classified as follows:

• - legal relations but state social security;
• - legal relations for state social insurance, including legal relations for the provision of state social assistance.

Derived from the listed types of social relations and included in the subject of social security law are procedural and procedural legal relations.

procedural legal relations arise on occasion) ":

• - appointment of all types of social security;
• - establishment of legal facts that are important for the provision of certain types of social security.

For example, to assign a disability pension, it is necessary to establish the fact of disability, and to assign temporary disability benefits, it is necessary to establish the fact of disability, etc.

Procedural legal relations included in the subject of social security law are related to the consideration of disputes arising in this area. These disputes may arise on various issues: refusal to assign this or that type of social security or determination of its amount in monetary terms; establishing the cause of disability; determination of eligibility for benefits, etc. Depending on the nature of the dispute, it can be resolved by a higher authority in the order of subordination or in court. Like all legal relations, legal relations in the scope of the law of social security consists of such elements as subject, object, content, grounds for occurrence, change and termination.

Legal relations in the field of social security are bilateral.

One of the subjects of such legal relations is always an individual citizen, and in some cases - a family. So, in the legal relationship regarding the pension for the loss of the breadwinner, the family is the subject. Depending on the type of social security, the subject of the legal relations under consideration may be a minor teenager, an orphan, a disabled person, an unemployed person, a disabled person, a refugee, a forced migrant, an elderly person, as well as persons affected by radiation accidents or natural disasters (earthquake, flood) and etc.

Foreign citizens and stateless persons who are on the territory of Russia, as a general rule, in the field of social security have the same rights as citizens of the Russian Federation.

In procedural legal relations to resolve disputes over a particular type of social security, the subject of the legal relationship is a higher body or court.

The content of legal relations is the mutual rights and obligations of the parties. The peculiarity of the content of legal relations on social security is that one party - an individual - has the right to demand the provision of one or another type of security, and the second party, to whom this requirement is addressed, in the presence of all the conditions provided for by law, is obliged to fulfill this requirement.

The basis for the emergence, change or termination of legal relations in the field of social security are various legal facts, both events (disability, temporary disability, death) and actions. A feature of legal relations on social security is the mandatory declarative procedure in the implementation of the right to a goth or another type of social security. Until the person himself (or his legal representative) writes an application with a request to assign him a pension, allowance or other type of social security, no payments, services, etc. he will not be provided, which means that the corresponding legal relationship on social security will not arise. Therefore, often a social security relationship arises (changes, terminates) on the basis of not one legal fact, but a whole group of facts, which is commonly called a complex legal factual composition.

The absence of at least one of these elements of a complex legal factual composition leads to the impossibility of the emergence (change, termination) of legal relations in the field of social security.

Social insurance is one of the forms of social protection of the population against various possible risks that are associated with the loss of health, disability, work, earnings and other income. The main feature of social insurance is that financing for social security is made from specialized budget funds, which are formed by targeted insurance premiums of legal entities (employers) and individuals (employees).

Social insurance is based on the principle of flexible equivalence, that is, there is a certain dependence of the insurance payment on the amount of insurance experience and labor contribution. In social insurance, the combination of the principle of equivalence with the principle of collective solidarity and pooling of risks is active.

The system of social protection of citizens of the Russian Federation includes the main elements:

• traditional form of state social assistance;
• complex of federal social guarantees (social services);
• social insurance.

Social insurance guarantees insured citizens full insurance coverage, which allows insurers to fulfill their obligations to insured citizens.

Social Security

Social security is aimed at providing financial support to citizens of the Russian Federation in the event of insured events recognized as socially significant in accordance with federal legislation. Social security equalizes the social position of certain categories of citizens in comparison with the rest of the population of the Russian Federation.

Social security is the protection of the most vulnerable segments of the population who, due to objective and subjective reasons, cannot take care of themselves on their own: the disabled, the elderly, children, orphans and others. Social security can be both property-based (services, money, things) and non-property (help from a social psychologist).

In accordance with the Constitution of the Russian Federation (Article 39), the right to social security is one of the fundamental social rights of citizens of the Russian Federation.

Main types of social security

By type, social security is divided into social security assistance and social security maintenance.

welfare assistance - assistance that is provided for a certain category of citizens:

• for those who have a specific source of income for subsistence, but were temporarily lost by them and are subject to restoration in the near future, with the subsequent resolution of the issue of insecurity;
• for those who have a regular source of income, but its low size cannot meet the minimum needs;
• for those who, due to force majeure circumstances (catastrophes, natural disasters, poor health), are among the needy.

Social welfare provides the necessary and sufficient funds to those citizens who are not yet able to independently acquire a source of income, or who are no longer able to provide for themselves.

What's the Difference?

The main difference between these two types of social security is that assistance is temporary and is not a basic source of income.

To types welfare assistance include:

• privileges;
• compensation;
• allowances;
• property assistance (food, footwear, clothing);
• social and medical services (some types) at the expense of the Federal Compulsory Medical Insurance Fund.

To types social security content include:

• partial social services (provided by social services);
• pensions.

Form of social security payment

Social security is divided into two forms of payment: cash and in-kind.

The monetary form of payment is divided into:

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 currently taking place in the country.

Social security as a real social phenomenon needs a science-based definition, the value of which is determined by how fully and accurately it reflects its essential features. The essential features of social security at the present stage include:

firstly, the state character of the organizational and legal methods of distribution of the total social product established in society through the social security system;

secondly, the legislative consolidation of the list of social risks recognized by the state as grounds for providing certain types of social security;

thirdly, fixing in the rules of law, or in agreements sanctioned by the state, the circle of persons to be secured;

fourthly, the regulation by the state of the social standard of security, below which it cannot be, by legislatively fixing the types of security of its level and conditions of provision.

These signs of social security are associated with the performance of an economic function in society, which allows us to reveal the economic aspect of this concept.

Social security is one of the ways to distribute 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 terms strictly regulated by society, the state, to support their full-fledged social status.

Classification of social security functions:

economic functions of social security. Its essence lies in the fact that the state uses social security as one of the ways to distribute part of the gross domestic product, thereby exerting a certain impact on the equalization of personal incomes of citizens by providing material benefits instead of lost earnings;

the production function is expressed in the fact that the right to many types of social security is conditioned by labor activity, and the level of security often depends on its nature and the amount of remuneration for work;

the social (social rehabilitation) function of social security helps to maintain the social status of citizens in the event of various social risks by providing various types of material support. With the help of the social function, the rehabilitation direction of social security is also carried out, the purpose of which is to restore the full life of a person;

the political function allows the state to implement the main directions of social policy by means specific to social security. The state of social peace in society depends on how effectively social security performs its political function. Social tension in society at the present stage indicates that the state of the Russian social security system does not meet the needs of the population.

the demographic function is implemented through the impact of the social security system on many demographic processes - on the life expectancy of the population, stimulation of the birth rate, etc.

Along with the above functions of social security, there is also a spiritual and ideological function, which includes: ideological, moral and socio-psychological subfunctions.

The rights and freedoms of man and citizen are enshrined in the Universal Declaration of Human Rights (1948).

The Declaration establishes the right of everyone, as a member of society, 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. Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control. Motherhood and infancy give the right to special care and assistance. All children, whether born in wedlock or out of wedlock, should enjoy the same social protection.

Thus, the Declaration establishes, firstly, the right of everyone as a member of society to social security; secondly, the right to a decent standard of living, which guarantees a person the opportunity to meet his basic needs, which are necessary to maintain the health and well-being of each and his family; thirdly, a list of social risks, upon the occurrence of which the right to social security arises; fourthly, motherhood and infancy are provided as an independent basis for special care and assistance.

The right of everyone to social security, including social insurance, is also enshrined in the International Covenant on Economic, Social and Cultural Rights (1966). The Covenant recognizes that the widest possible protection and assistance must be accorded to the family, which is the natural and fundamental unit of society.

Following the Universal Declaration, the Covenant also recognizes the right of everyone: to a decent standard of living for himself and for his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions, to the highest attainable standard of physical and mental health.

Thus, human rights testify that caring for the elderly, the disabled, children and supporting everyone who has lost their source of livelihood for reasons beyond their control is recognized as one of the universal values ​​in a civilized society.

The guarantee of the proclaimed rights is ensured by the state through the implementation of an appropriate policy; according to the Constitution, 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.

To judge the extent to which the state fulfills its constitutional obligation to respect and protect the rights and freedoms of man and citizen, to create appropriate material, political, legal and other conditions for the exercise of these rights and freedoms, their implementation in real life, is possible only by the success of the state in social policy.

Economic benefits are the results of the creative production activity of people. The task of the state is to stimulate obtaining the maximum possible results of such activities by pursuing an appropriate economic policy. Thus, the effectiveness of social policy is largely predetermined by the effectiveness of the economic policy pursued by the state, which greatly enhances its role in ensuring the unhindered exercise of citizens' constitutional rights, including the right to social security.

The state must guarantee everyone social support in necessary cases and without taking into account labor activity. To this end, the state must allocate appropriate funds from the state budget through which social security is provided to everyone as a member of society on the terms and in accordance with the norms also enshrined in the Federal Law.

Thus, we can conclude that the role of the state in the implementation of the constitutional right to social security is extremely large.

Social security can be organized in different forms, which are usually distinguished according to such criteria as:

• the circle of those provided;
• sources and methods of formation of funds to finance relevant activities;
• types of security;
• conditions and amounts of security;
• security agencies.

Based on these features, we can now distinguish the following organizational and legal forms of social security :

1. state (mandatory) social insurance;
2. social security through direct appropriations from the federal budget;
3. state social assistance.

These forms are created to protect the population from social risk. In Art. 3 of the Federal Law of July 16, 1999 No. 165-FZ "On the Fundamentals of Compulsory Social Insurance", the concept of social risk is formulated as follows: social insurance risk- an expected event entailing a change in the material and (or) social status of employees and other categories of citizens, in the event of which compulsory social insurance is carried out.

According to probability theory insurance risk- this is only the degree, the magnitude of the expected danger, its probability. It should not be confused with an insured event, i.e. an actual socially significant circumstance that led to a deterioration in the financial situation.

social risk- this is the probability of a deterioration in the financial situation as a result of the loss of earnings or labor income for objective socially significant reasons, as well as in connection with additional expenses for the maintenance of children and other family members in need of assistance, to meet the needs for medical and social services. This definition reflects the most significant signs of social risk:

• connection with the social organization of labor;
• intended nature;
• objective reasons for the occurrence.

State (mandatory) social insurance

The main organizational and legal form is. At present, it is being transformed in accordance with principles adequate to market relations.

Employees and other persons, the circle of which is determined by law, are subject to compulsory social insurance.
With regard to state (mandatory) social insurance, insured events can be a lack of demand for labor (unemployment), illness, disability, old age, death of a breadwinner, and others. Their list is established by law.

The essence of state social insurance lies in the decomposition of social risk between employers, employees and other employed persons subject to compulsory social insurance, and the state. Moreover, the loss of earnings and other specified circumstances can be classified as a social (mass) risk and covered by compulsory social insurance only if they are caused by socially significant reasons that are valid from the point of view of the state. In particular, the loss of earnings can be the result of unemployment, temporary disability, disability, etc. Additional expenses can be the result of a variety of reasons: the presence of dependents, including minor children; disability; the need for medical care and treatment, natural disasters and other emergency events.

To finance state social insurance at the federal and local levels, centralized funds have been created that function as off-budget financial systems. The federal social insurance funds include: the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation. They are formed at the expense of insurance premiums of employers, various groups of the employed population, defined in the law, and subsidies from the state.

The objectives of the funds are not only to ensure the collection of the necessary funds, but also to place them in government projects, securities and other reliable investments that guarantee the receipt of profits necessary for indexing pensions, benefits and other social insurance payments.

In this way, state (mandatory) social insurance is a form of organizing the exercise by insured persons of the right to social security in cases of loss of earnings or other source of livelihood due to illness, work injury or occupational disease, unemployment, disability, pregnancy and childbirth, old age, loss of a breadwinner and other circumstances established by law, as well as medical assistance at the expense of extrabudgetary insurance funds.

Social security through direct appropriations from the federal budget

Another organizational form of exercising the constitutional right of everyone to cash payments and social services in cases established by law is the provision through direct appropriations from the federal budget.

This form covers special subjects: civil servants, military personnel, private and commanding officers of internal affairs bodies, state security, tax police and members of their families, as well as other categories of employees, taking into account the specific nature of their activities. Funds for financing the social security of the specified contingent of persons are transferred to the federal social insurance funds or allocated to the relevant ministries (for example, the Ministry of Defense of the Russian Federation) from the budget of the Russian Federation.

Social help

Another organizational and legal form of implementation of social security is social help. It is currently in the development stage. The legal basis for its creation is laid down by the following Federal Laws: No. 134-FZ of October 24, 1997 "On the Living Wage in the Russian Federation", No. 178-FZ of July 17, 1999 "On State Social Assistance", No. 201-FZ of November 20, 1999 " On the consumer basket as a whole in the Russian Federation.

Only low-income individuals and families should be recognized as subjects of social assistance, and the level of individual or average per capita income of a family should be recognized as the basis for the provision of social payments or services. 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 payment of insurance premiums.

Financing of state social assistance is carried out at the expense of the budgets of various levels, as well as the funds of the Republican and territorial funds for social support of the population.

In this way, state social assistance is a form of organizing the exercise of the right to social security by poor people outside of work and the payment of insurance premiums.

Within the framework of different organizational and legal forms, different types of social security are provided. At the expense of centralized off-budget social insurance funds, labor pensions (for old age, for disability, for the loss of a breadwinner), social insurance benefits (for unemployment, for temporary disability, for pregnancy and childbirth, etc.), insurance services for the provision of free for consumers of medical care under compulsory health insurance programs.

At the expense of direct appropriations from the federal budget, seniority pensions, disability pensions and survivors' pensions are paid to a special contingent of persons on the basis of special legislative acts (for example, military personnel and persons equated to them).

The types of social assistance are:

• social pensions;
• social benefits;
• subsidies;
• compensation payments to low-income pensioners;
• compensation payments to persons caring for the elderly over 80 years of age, disabled people of group I, and other types of compensation payments;
• lump-sum benefits to refugees and internally displaced persons;
• free provision of basic necessities (food, clothes, shoes);
• subsidies for the purchase of medicines, prosthetic and orthopedic products;
• subsidies for payment of public services;
• assistance to the elderly and disabled at home;
• semi-stationary and stationary services for the disabled and the elderly;
• keeping children in orphanages;
• providing first aid to the homeless in night residences and others.

Great difficulty in distinguishing between forms of social security causes the possibility of receiving the same types of payments from various sources. For example, to finance lump-sum benefits for the birth of a child for persons working under an employment contract, the funds of the social insurance fund are used, and for non-working people, the funds of local budgets are used.

Hence, depending on the source of funding, payments of the same name can act both as types of social insurance and as types of social assistance.

Recently, local forms of social security are also beginning to develop at the expense of financial resources allocated under municipal social programs.

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Introduction…………………………………………………………………...………3

1. The main stages of the formation of social security systems……...……5

1.1. The concept and functions of social security..…………………….…....7

1.2. Formation of the Russian federal system of social security……………………………………………………………………….……..11

1.3. Forms of social security….………………….……………….…..14

2. Practical part...………………………………….……………………...19

Conclusion…………………….…………………….…………………………...20

Bibliographic list..……………………….…………………………...22

Introduction.

Social security law as an independent branch took shape in the general system of law relatively recently.

At the end of the 60s, scientific discussions were still going on about the concept of this industry, its subject, and the method of legal regulation. Now its existence has become a reality. In conditions when the Russian state system of social protection of the population is being re-formed, this branch of law is of particular importance. Its norms serve as an indicator of the social policy of the state. They are designed to promptly and adequately respond to all social risks inevitably associated with the country's transition to a market economy.

Public relations on social security are distributive in their economic nature. A significant share of the country's gross domestic product is distributed through social security systems. The mechanism of such distribution is determined by the nature of economic relations that objectively dictate certain methods of financing social security.

During the Soviet period, poverty and unemployment were not recognized as an official basis for social support, and social insurance was only declared. The financing mechanism consisted in the fact that the state budget provided for the relevant items of expenditure for the payment of pensions, benefits, etc. In the theory of Soviet social security law, the relevant sources of funding were considered as a special legal category - "Funds for the Disabled". However, no such funds existed. The situation changed somewhat only with the introduction of state pension insurance. This method of introduction completely ignored the possibility of comparing the level of pension provision with the size of insurance payments.

Thus, the state has become a guarantor of equality in poverty, providing old people, the disabled, families with children, although not high, but a stable level of social assistance and support. This contributed to the social homogeneity of society, prevented the stratification of the population by income level.

Until the process of formation of the federal social security system is completed, its norms will undergo constant transformation. At the same time, it remains an unshakable truth that the norms of this branch of law are addressed to the entire population. In this regard, everyone, and even more so a lawyer, needs to know the legislation on social security. This allows timely and full use of social rights and, if necessary, competently protect them.

1 . The main stages of the formation of social security systems.

The need for social security appeared simultaneously with the emergence of human society. In any society, regardless of its economic and political structure, there are always people who, due to natural reasons beyond their control, cannot acquire the source of their livelihood by their own efforts. These people include children and the elderly.

As society develops and social ties become more complex, the number of reasons for a person's need for social assistance are added to by those that are due to the nature of the economic relations prevailing in society, which give rise to unemployment, inflation, and poverty.

The content of the elderly and the disabled under the primitive communal system was most likely carried out by virtue of custom. In a slave-owning society, there were no forms of providing for slaves in old age or in case of incapacity for work, but for veterans of military service, pensions were already introduced in Ancient Greece; in ancient Rome, service is rewarded by the provision of land.

The feudal period is characterized by the dominance of subsistence farming, the basis of which is the family, which is responsible for the material provision of the elderly and the disabled. During this period, state pensions begin to be distributed to major dignitaries, bishops, prefects and other persons who have merit to the monarch. Thus, the pension at that time had the character of a reward, and not a provision for the disabled.

As the initial chronicle testifies, with the adoption of Christianity in Russia in 988, Prince Vladimir ordered: “Every beggar and wretched person should come to the princely court, take food, drink and money from the treasury.” He also took care of the creation of almshouses, hospices.

From this period, hospitals, hospitals, almshouses, orphanages, homes for illegitimate babies, pharmacies, workhouses, and strait houses began to be created in Russia. Under Catherine II in Russia, the first home for the disabled was established.

Russian legislation in the XIX century. divided the poor into four categories:

1. those who cannot earn their living by their labor;

2. those who, due to orphanhood and temporary illnesses, fell into need, but can still work;

3. those who can work, but are begging through sloth and ill conduct;

4. those who, by chance, fell into extreme need.

Obviously. Such a "classification" of those in need was necessary for

determining the nature of social support and applying other measures to combat begging.

At the end of the XIX century. in the development of the social security system, a fundamentally new stage begins - the social security of employees begins to be carried out on a legal basis, fixed by the state. As a way of organizing it, state social insurance of employees is being introduced. The first laws on compulsory state insurance were adopted in Germany during the reign of Bismarck. Following Germany, such laws are adopted in other European countries.

In the development of social security, one more important stage should be singled out, when, along with state and industrial social insurance of employees in countries with a market economy, national social security systems begin to form, covering the entire population and guaranteeing social assistance regardless of the payment insurance premiums.

It was with the adoption of laws on compulsory social insurance of workers that state social security systems appeared. The state nature of these systems is expressed in the fact that the legislative and organizational and legal ways of implementing social security, which are subsequently supplemented by new ones; but one thing remains unchanged: the state itself makes them binding.

1 . 1. The concept and functions of social security.

Social security as a real social phenomenon needs a science-based definition, the value of which is determined by how fully and accurately it reflects its essential features. The essential features of social security at the present stage include:

* firstly, the state nature of the established in society

organizational and legal methods of distribution of the total

social product through the social security system;

* secondly, the legislative consolidation of the list of social risks recognized by the state as grounds for the provision of certain types of social security;

* thirdly, fixing in the rules of law, or in agreements sanctioned by the state, the circle of persons to be secured;

* fourthly, the regulation by the state of the social standard of provision, below which it cannot be, by legislatively fixing the types of provision of its level and conditions of provision.

These signs of social security are associated with the performance of an economic function in society, which allows us to reveal the economic aspect of this concept.

Social security is one of the ways to distribute 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, the state to support their full social status.

Classification of social security functions:

* economic functions social security. Its essence lies in the fact that the state uses social security as one of the ways to distribute part of the gross domestic product, thereby having a certain impact on equalizing the personal incomes of citizens by providing material benefits instead of lost earnings;

* production function it is expressed in the fact that the right to many types of social security is conditioned by labor activity, and the level of security often depends on its nature and the amount of remuneration for work;

* social (social rehabilitation) function social security helps to maintain the social status of citizens in the event of various social risks by providing various types of material support. With the help of the social function, the rehabilitation direction of social security is also carried out, the purpose of which is to restore the full life of a person;

* political function allows the state to implement the main directions of social policy by means specific to social security. The state of social peace in society depends on how effectively social security performs its political function. Social tension in society at the present stage indicates that the state of the Russian social security system does not meet the needs of the population.

* demographic function is implemented through the impact of the social security system on many demographic processes - on the life expectancy of the population, stimulation of the birth rate, etc.

Along with the above functions of social security, there is also a spiritual and ideological function, which includes: ideological, moral and socio-psychological subfunctions.

The rights and freedoms of man and citizen are enshrined in the universal declaration of human rights (1948). The Declaration establishes the right of everyone as a member of society 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. Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability , widowhood, old age or other loss of livelihood due to circumstances beyond his control. Motherhood and infancy give the right to special care and assistance. All children, whether born in wedlock or out of wedlock, should enjoy the same social protection.

Thus, the Declaration establishes, firstly, the right of everyone as a member of society to social security; secondly, the right to a decent standard of living, which guarantees a person the opportunity to meet his basic needs, which are necessary to maintain the health and well-being of each and his family; thirdly, a list of social risks, upon the occurrence of which the right to social security arises; fourthly, motherhood and infancy are provided as an independent basis for special care and assistance.

The right of everyone to social security, including social insurance, is also enshrined in the International Covenant on Economic, Social and Cultural Rights (1966). The Covenant recognizes that the broadest

protection and assistance must be provided to the family, which is the natural and fundamental unit of society.

Following the Universal Declaration, the Covenant also recognizes the right of everyone: to a decent standard of living for himself and for his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions, to the highest attainable standard of physical and mental health.

The guarantee of the proclaimed rights is ensured by the state through its appropriate policy, according to the Constitution, 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.

To judge the extent to which the state fulfills its constitutional obligation to respect and protect the rights and freedoms of man and citizen, to create appropriate material, political, legal and other conditions for the exercise of these rights and freedoms, their implementation in real life , is possible only by the success of the state in social policy.

Economic benefits are the results of the creative production activity of people. The task of the state is to stimulate obtaining the maximum possible results of such activities by pursuing an appropriate economic policy. Thus, the effectiveness of social policy is largely predetermined by the effectiveness of the economic policy pursued by the state, which greatly enhances its role in ensuring the unhindered exercise of citizens' constitutional rights, including the right to social security.

The state must guarantee everyone social support in necessary cases and without taking into account labor activity. To this end, the state must allocate appropriate funds from the state budget through which social security is provided to everyone as a member of society on the terms and according to the norms also enshrined in the Federal Law.

Thus, we can conclude that the role of the state in the implementation of the constitutional right to social security is extremely large.

1.2. Formation of the Russian Federal System of Social

security.

The state social security system, as already mentioned, is a multifaceted phenomenon. This is not only a set of socio-economic measures that guarantee social support to citizens, but also a complex legal entity that unites groups of norms that belong to various branches of law by type of regulated social relations.

Formation of the pension system. The first stage of the implementation of the pension reform in Russia is associated with the application of the Law of November 20, 1990 "On State Pensions in the Russian Federation". In connection with this law, the Pension Fund of Russia was created as an independent off-budget credit and financial system.

In connection with the adoption of this law, privileged and detrimental pension systems were liquidated. The law fixed an equal legal assessment for pension provision of all types of labor activity and payment for it; consolidated the mechanism for preserving the real assessment of the pension by protecting it from inflation, thus preventing a decrease in the standard of living of pensioners. In its original version, the law fixed a fundamental provision, by virtue of which the minimum amount of pensions cannot be lower than the subsistence level.

The unified pension system in Russia did not last long. At the beginning of 1993, an intensive process of decodification of the pension law began.

nodatelstvo. Its beginning was the adoption on February 12, 1993 of another pension law - the Law of the Russian Federation "On pensions for persons who have served in the military, served in the internal affairs bodies and their families." The persons provided for in this law were given the right to choose to receive a pension under one of the pension laws.

The 1993 law fixed such a level of pension coverage, which guarantees the receipt of a pension in the amount of up to 85% of the monetary allowance of a military man and without limiting the amount of pensions to a fixed maximum limit.

Formation of systems of other cash payments to citizens in the order of their social security. In this case, we are talking about a system of benefits and compensations.

Initially, maternity benefits were regulated by the Law of April 4, 1992 "On additional measures for the protection of motherhood and childhood", the norms of which were then incorporated into the Federal Law of May 19, 1995 "On state benefits to citizens with children", in connection with which the law of April 4, 1992 was declared invalid.

For the first time in our country, unemployment benefits are established. It is introduced in Russia by one of the first laws - dated April 19, 1991 "On the Employment of the Population in the RSFSR".

The Law of March 12, 1992 "On ritual allowance" for the first time in Russia introduces a ritual allowance, which is assigned to any person who takes over the funeral of the deceased. Subsequently, the norms of this law are incorporated into the Federal Law of January 12, 1996 "On Burial and Funeral Business", which introduced free ritual services to the entire population, and if such services were not provided, then the persons who took over the funeral of the deceased, burial allowance is paid.

A number of other new benefits have been introduced: lump-sum benefits are provided for persons who have suffered in connection with their participation in the fight against terrorism; for medical workers who contracted HIV infection while performing their duties; in the event of a post-vaccination complication in citizens; for orphans left without parental care.

Formation of a social service system. Along with the pension system of benefits, the system of social services was reformed as a necessary element of the state social security system. In the Soviet period, the provision of social security to citizens not in cash, but in the form of "in-kind security" was regulated mainly by acts of ministries and departments. Russia legislates this subsystem. Social services can conditionally also include medical care and treatment.

Currently, the provision of medical care and treatment to citizens is regulated by the Fundamentals of the Legislation of the Russian Federation “On the Protection of the Health of Citizens” adopted on July 22, 1993 by the Supreme Council of the Russian Federation.

The system of social services for the elderly, the disabled, families with children also receives legislative consolidation. The federal laws of August 2, 1995 "On social services for the elderly and disabled", of November 24, 1995 "On the social protection of the disabled", of December 10, 1995 "On the basics of social services for the population in the Russian Federation » provides for social services at home for the elderly and disabled who need constant assistance.

A system of social support is being formed in the form of social services provided to families with children, children deprived of parental care and guardianship; children in difficult life situations. To protect their rights, laws were adopted on July 24, 1989 "On the basic guarantees of the rights of the child in the Russian Federation", on December 21, 1996 "On additional guarantees for the social protection of orphans and children who left children without parental care”.

A general description of the modern Russian social security system would be incomplete without taking into account social benefits. The Basic Law that governs the granting of social security benefits

niya, this is the Federal Law "On Veterans", adopted in 1994 and set out in the new edition of the Federal Law of January 2, 2000.

The list of benefits has become quite wide and varied. However, the real situation with the guarantee of those rights that are enshrined in law is such that these rights are often declared in nature. Many types of social services remain in short supply because they are not provided with appropriate state funding.

1 . 3. Forms of social security.

Under the forms of social security are understood the organizational and legal ways of its implementation.

It is customary to refer to the specific features of forms of social security:

1. the method of accumulation of funds in financial sources, at the expense of which social security is provided;

2. the range of subjects provided at the expense of a certain financial source;

3. types of security at the expense of a given source of a specific circle of subjects;

4. the system of bodies providing social security.

Forms of social security are constantly transforming. The forms of social security used in Russia at the present stage can be classified according to the degree of their centralization into centralized, regional, as well as local, local. Centralized forms, in turn, are divided into:

* compulsory social insurance;

* social security at the expense of budgetary funds;

* a mixed form of social security accepted for certain special subjects.

The financial basis of the compulsory social insurance system is the relevant funds that are not part of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets. The funds of these funds are not subject to withdrawal and are federal property.

Sources of cash receipts in the budgets of compulsory social insurance are: insurance premiums, subsidies, and other federal budget funds.

The system of compulsory social insurance is managed by the Government of the Russian Federation in accordance with the Constitution and legislation of the Russian Federation.

Since the beginning of the 1990s, four funds have been created in Russia as independent credit and financial systems:

Pension Fund of the Russian Federation;

RF Social Insurance Fund;

State Employment Fund of the Russian Federation;

And compulsory health insurance funds. The main income of these funds are insurance premiums.

Since January 2001, control over the correctness of the calculation, completeness and timeliness of the contributions to state social non-budgetary funds of funds paid as part of the unified social tax has been carried out by the tax authorities of the Russian Federation. As for the procedure for spending the funds credited to the funds, as well as other conditions related to the use of these funds, they, as before, are established by the legislation of the Russian Federation.

Types of insurance coverage correspond to specific types of social insurance risk.

The Federal Law “On the Fundamentals of Compulsory Social Insurance” includes the following types of social insurance risks: the need to receive medical care; temporary disability; work injury and occupational disease; motherhood; disability; the onset of 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.

The second centralized form of social security is social security at the expense of budgetary funds. This refers to the allocation of appropriations for the needs of social security from funds not only from the federal budget, but also from the budgets of the constituent entities of the Federation, local budgets. The centralized nature of this organizational and legal method of implementing social security is expressed in the fact that the range of provided and types of social security are established by federal laws, and therefore are binding throughout Russia, that is, guaranteed by the state itself. At the federal level, the source of expenditure financing is also determined: either federal budget funds, or budget funds of a constituent entity of the Russian Federation, or local budget funds.

The circle of persons provided at the expense of budgetary funds includes persons receiving support in connection with certain socially useful activities; the entire population of the country provided with certain types of social security without any connection with human labor.

The variety of types of social security at the expense of budgetary funds determines the diversity of the bodies providing such security. These are special services of certain departments, as well as bodies of social protection of the population, health, education, employment services, guardianship and guardianship, etc.

At the present stage, one more, the third centralized form of social security of social security has been clearly identified, although it does not yet possess the fullness of the features characteristic of full-blooded functioning forms. We are talking about a mixed form of social security, when the state simultaneously uses the first and second forms of social security in relation to certain subjects. In this case, for the social security of these workers, provided in connection with their special activities, both the funds of the social insurance fund and budgetary funds are used as a financial source. No special method of accumulating funds for these purposes has yet been established.

The circle of persons who are covered by a mixed form of social security includes judges, prosecutors, civil servants, and deputies.

Along with centralized, regional forms of social security stand out.

The Constitution of the Russian Federation refers the legal regulation of relations in the field of social security to the joint competence of federal authorities and subjects of the Federation. Realizing their right to regulate these relations, the subjects of the Russian Federation adopt their own laws and other acts that cannot lower the federal level of the standard in social security. Therefore, this level can only be increased. Regional forms of social security are organizational and legal ways of implementing additional measures for the social security of the population at the level of a constituent entity of the Russian Federation at the expense of its own financial sources. At the same time, the circle of persons using additional measures of social protection, the types of such protection and the bodies that provide it, are determined by the subjects of the Russian Federation themselves.

Local, local forms of social security include organizational and legal methods for implementing additional measures of social protection of the population used by municipal authorities, subjects of social partnership agreements, a collective agreement. It is these bodies and entities that determine the method of accumulation of financial resources, the circle of persons for whom measures of additional social support are provided, the types of such support and the methods of its provision. At the present stage, local forms are of particular importance, because they are as close as possible to a person and can respond in a timely manner to all social risks of a local nature, although resources here are not yet limited.

practical part,

1. Name the objective reasons that determine the formation and

the functioning of social security systems in society?

Social security, as a real social phenomenon, needs a scientifically based definition, the value of which is determined by how fully and accurately it reflects its essential features.

Scientists identify such constitutional features as:

1) objective grounds that cause the need for a special mechanism of social protection to maintain a certain level of life support;

2) special funds, sources of social security;

3) special ways of providing the creation of these funds;

4) special ways of providing social security in social, including legal, norms.

2. Task.

Rovensky is a disabled person of the 2nd group from a general illness, lives in a 2-room apartment, receives a disability pension. Is he eligible for rent and utility bills? According to the condition of the problem, formulate a pension case.

Solution.

According to the Law "On Social Protection of the Disabled in the Russian Federation" Rovno has the right to benefits, as he is a disabled person of the 2nd group. Also, according to Government Decree No. 707 of July 18, 1996, he has the right to receive payments for housing (subsidies) and utilities, and compensation payments will be paid within the limits of the social norm of living space and standards for the consumption of utilities with a living wage.

Conclusion.

Social security law, as an independent branch, was formed in the general system of law relatively recently, but the need for social security appeared simultaneously with the emergence of human society. In any society, regardless of its economic and political structure, there are always people who, due to natural reasons beyond their control, cannot acquire the source of their livelihood by their own efforts. These people include, first of all, children and the elderly.

Consequently, social security is one of the ways to distribute a part of GDP 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, the state to support their full-value social status.

To provide social services to the population, the state implements the following functions:

Ecological function;

production function;

Social (social rehabilitation) function;

political function;

Demographic function;

Spiritual and ideological function.

Thus, human rights testify that caring for the elderly, the disabled, children and supporting everyone who has lost their source of livelihood for reasons beyond their control is recognized as one of the universal values ​​in a civilized society.

It is only on the success of the state in social policy.

Unfortunately, the real situation at the present stage in Russia is such that the situation of the older generation of our compatriots and all those who, apart from social payments, has no other source of livelihood, is truly tragic.

Bibliographylist.

1. The Constitution of the Russian Federation of 1993

3. Federal Law "On pensions for persons undergoing military service, service in the internal affairs bodies, their families" dated February 12, 1993.

10.FZ "On social services for elderly and disabled citizens" dated August 2, 1995.

12.FZ "On the basics of social services for the population in the Russian Federation" of December 10, 1995.

14.FZ "On additional guarantees for the social protection of orphans and children left without parental care" of December 21, 1996.

16. Zakharov M.P., Tuchkova E.G. PSO Russia: Textbook -2nd edition, corrected. and reworked. -M: Publishing house BEK, 2002.

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