Forms and types of social security. Non-state social security The system of bodies carrying out social security

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 of both of these social categories.

There is a big difference between these concepts.

1) Social security is a form of distribution that guarantees citizens, in the event of unfavorable situations, state support in the form of pensions, benefits and social services. The social protection system, on the other hand, performs a preventive function, which should not allow unfavorable situations.

2) Social security is covered by social protection, which makes it possible to implement its security function, that is, within the framework of social security, protection is carried out against those unfavorable situations that have already been implemented.

Classification of forms of social protection:

1. Depending on the role of the recipient subject. Social protection can be active or passive. Active social protection presupposes an active position of the recipient subject, for example, in the form of employment. If it is not possible to find a job for a person, then unemployment benefit is assigned.

2. By subject composition: state, municipal, corporate, social partnership and public, carried out through public associations, charitable organizations.

3. Depending on the basis for providing: contractual and non-contractual forms of social protection, the latter arise by virtue of law.

4. Depending on the degree of coverage of recipient entities: general (applies to all citizens without exception, for example, protection from emergency situations); special (categorical, they are provided to certain categories of the population, which are distinguished by professional, territorial or other characteristics); exceptional (provided on the basis of special regulations to those categories of the population that find themselves in extraordinary circumstances requiring exceptional measures, for example, protection of Chernobyl victims, protection of refugees, internally displaced persons, etc.).

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.

In this work, we would like to examine in more detail such an institution as "social security", since it more clearly reflects the constitutional and legal foundations of social relations and helps to determine by what means is achieved smoothing social inequality in society.

A developed social security system is an indispensable element of a welfare state. According to Article 7 of the Constitution, Russia is a social state, the policy of which is aimed at creating conditions that ensure a decent life and human development. The norms prescribed in the constitution are norms of direct action and must be followed.

Social progress requires the state to pay more attention to solving problems of social security, and the more consistent this attention becomes, the more stable the socio-political situation in Russia will be, the stronger the social security of citizens, the more comfortable their lives, the more comfortable psychological well-being - this will improve the level and quality of life. population of the Russian Federation.

The right of Russian citizens to social security is specified in Art. 39 of the Constitution. It says that every citizen of the Russian Federation is guaranteed social security by age, in the event of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.

Social security is an expression of the social policy of the state at this stage of its development.

Social security is a form of expression of the state's social policy aimed at providing material support for certain categories of citizens from the state budget and special off-budget state funds in the event of events recognized by the state as socially significant, in order to equalize the social status of these citizens in comparison with other members of society.

In the legal literature, you can find a number of other definitions of this concept.

State social security is a guaranteed system of material support for citizens (in cash and in kind) upon reaching a certain age, in case of disability, loss of a breadwinner, temporary incapacity for work, raising children, loss of earnings or income and in other cases specially stipulated by law, and also the protection of their health, carried out at the expense of specially created extra-budgetary funds of compulsory social insurance, formed at the expense of insurance contributions and appropriations from the state budget of the Russian Federation by authorized bodies in the manner prescribed by law.

K.N. Gusov and M.O.Buyanova propose to understand social security as “a form of expression of the social policy of the state aimed at material support 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 this stage of its development of socially significant, in order to equalize the social status of these citizens in comparison with the rest of society. "

Having analyzed these definitions, it is possible to single out the essential features of social security on the present stage:

1) the state nature of the organizational and legal methods of distribution of the aggregate social product established in society through the social security system;

2) legislative consolidation of the list of social risks recognized by the state as grounds for providing different types social security;

3) enshrining in the norms of law or in treaties sanctioned by the state, the circle of persons subject to security;

4) regulation by the state of the social security standard, below which it cannot be, by legislative consolidation of the types of security, its level and conditions for provision.

The main functions of social security include:

1) the economic function of social security, the essence of which is 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 or along with it upon the occurrence of social risks specified in the laws;

2) production function, which is expressed in the fact that the right to many types of social security is due to work, and the level of security often depends on its nature and the amount of remuneration for work;

3) the social (social and 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, social services in order to maintain a decent standard of living and prevent impoverishment;

4) the political function allows the state to implement the main directions of social policy using means specific for social security. Social policy as a purposeful impact of the state on the living conditions of people in order to implement constitutional provisions is carried out mainly through the social security system. The state of social peace in society depends on how effectively social security fulfills its political function.

5) the protective function lies in the fact that society provides social security in order to protect citizens in a difficult situation.

Social security is carried out at the expense of funds intended for these purposes. Depending on the source Money there are 2 types of social security:

1) state social security;

2) non-state social security.

The constitution enshrines legal status citizens in the field of social security: everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (Article 39); the right to health protection and medical care, which in state and municipal institutions health care is provided to citizens free of charge (Article 41); the right to protection from unemployment (art. 37); motherhood and childhood, the family are under the protection of the state (Art. 38).

The legislative framework on social security in the Russian Federation.

Table # 1.

Federal laws governing social security relations	Categories of persons	Provided types of social security
"On state pension provision in the Russian Federation"	Federal civil servants, military personnel, participants of the Second World War, citizens affected by radiation disasters, disabled	Old age, disability, social, seniority pensions
"On labor pensions in the Russian Federation"	Insured citizens	Old-age, disability, survivor's pensions
"On the pension provision of persons doing military service, service in the internal affairs bodies, the state fire service, institutions and bodies of the penal system and their families"	Categories of Citizens Listed in the Law	Seniority, disability, survivor pensions
"On state benefits to citizens with children"	Citizens with children	Maternity allowance, a one-time allowance for women registered in medical institutions in the early stages of pregnancy, a one-time allowance at the birth of a child, monthly for the period of parental leave until the child reaches the age of 1.5 years, monthly per child.
"On employment in the Russian Federation"	Unemployed Citizens	Unemployment benefit
“About burial and funeral»	Citizens of the Russian Federation	Social allowance for burial
"About refugees"	Citizens with refugee status	One-time cash benefit
"On state social assistance"	Citizens whose per capita income is below the subsistence level	Benefits, subsidies, social services
"On additional guarantees for the social protection of orphans and children left without parental care"	Orphans and children left without parental care	Benefits, social services
"On the status of military personnel"	Military personnel dismissed from military service without the right to retire	Benefit
"On the basics of social services for the population in the Russian Federation"	Citizens in need of social services	Social services at home, semi-inpatient and inpatient services in institutions, medical consulting assistance, urgent social services
"On social services for elderly citizens and disabled people"	Elderly citizens and people with disabilities	The same species

As can be seen from the table, regardless of the source of funds, state social security is carried out in various forms: pensions, benefits, compensation, social services.

Definitions of these concepts should be given.

Pension is a regular cash payment provided in order to reimburse citizens for wages or other income, which is made in accordance with the procedure established by law to certain categories of persons from special funds intended for these purposes.

Depending on the circumstances for which the right to a pension is granted, the following types of pensions are distinguished:

State pension provision;

Labor pension.

Scheme No. 1.

State pension provision is a monthly state monetary payment, the right to receive which is determined in accordance with the conditions and norms established by federal law, and which is provided to citizens in order to compensate them for income lost in connection with the termination of public service upon reaching the length of service established by law when retiring to a labor pension for old age (disability), or in order to compensate for harm caused to the health of citizens during military service, as a result of radiation or man-made disasters, in the event of disability or loss of a breadwinner, upon reaching the legal age, or disabled citizens in to provide them with a livelihood.3

Scheme No. 2.

Retirement pension is a monthly cash payment that is made in order to compensate citizens for wages or other income that the insured received before the establishment of a retirement pension or were lost by disabled family members of insured persons in connection with the death of these persons, the right to which is determined in accordance with conditions and norms established by federal law.4

The allowance is a cash payment (one-time or periodic), which is assigned to certain categories of citizens in the manner and amount established by law, in order to provide additional material assistance, and are additional to another permanent and main source of livelihood.

Compensations are cash payments addressed to people in need of social support due to circumstances beyond the control of the recipient. Among them are the following types of compensation: mothers caring for a child until they reach one and a half years of age, students on academic leave for medical reasons, etc.

Social services are the activities of social services to support, provide social, social, medical, psychological, pedagogical, social and legal services and material assistance, conduct social adaptation and rehabilitation of citizens in difficult life situations. The main types of social services include: social services at home, social services in inpatient institutions, temporary shelter, day stays in social service institutions, counseling assistance, and rehabilitation services.

Thus, social security is a complex, multifunctional phenomenon. Social security performs various functions that determine the purpose of social security for the population. The state determines the main directions of activity in this area. The complex of guarantees provided to citizens in different situations depends on the capabilities of the state.

For example, government spending on social security in the Russian Federation in 2003 amounted to 1252.1 billion rubles, which amounted to 6.1% of the total federal budget expenditure. For example, in the United States, this percentage of the total federal budget expenditure was 22.9.

The main directions of payments go to the sphere of pensions (in 2003 they amounted to 878.6 billion rubles), the amount of funds for the payment of benefits amounted to 140.9 billion rubles. However, social tension in society at the present stage indicates that the state Russian system social security does not meet the needs of the population.

Shamova L.G. Welfare state. History. Modernity with. 387 // Russia: the path to a social state / Proceedings of the All-Russian Scientific Conference (Moscow, June 6, 2008). - M .: Scientific expert, 2008 .-- 1008 p.

David Jerry, Julia Jerry. A large explanatory sociological dictionary. - M .: Veche. Ast., 1999. - Vol. 1: A-O. - From 139-140.

Volodin A.G. Political economic democracy. - M .: Humanitarian, 2008.S. 119.

Goncharov P.K. Social state: essence and principles // Bulletin of the Peoples' Friendship University of Russia. - Ser .: Political Science. - 2000. - No. 2 - P. 8

The Constitution of the Russian Federation: adopted by a popular vote on December 12, 1993, Article 7 // " Russian newspaper", December 25, 1993 No. 237

L.S.Mamut. Social state from the point of view of law // State and Law, 2001. No. 7, p. 4-15

See: Part 2 of Art. 7 of the Constitution of the Russian Federation.

Kozlova E.I., Kutafin O.E. Constitutional Law of Russia: Textbook - 3rd ed. - M .: Jurist, 2003 .-- p. 182-183

Federal Law of October 24, 1997 "On the cost of living in the Russian Federation" Part 1. Article 2 // "Rossiyskaya Gazeta", No. 210, 29.10.1997

Federal Law of December 10, 1995 "On the fundamentals of social services for the population in the Russian Federation" Article 1 // "Rossiyskaya Gazeta", No. 243, 19.12.1995

Federal Law of December 10, 1995 "On the basics of social services for the population in the Russian Federation" Article 4 // "Rossiyskaya Gazeta", No. 243, 19.12.1995

Dolzhenkova G. D. Social security law: lecture notes // M., Yurayt-Izdat, 2007. p. 11

Dolzhenkova G. D. Social security law: lecture notes // M., Yurayt-Izdat, 2007. p. 8

Sharin V. "Social security" - a concept that requires clarification // Sots. provision. 2005. - No. 6. - p.37.

Buyanova M.O., Gusov K.N. Social Security Law in Russia: Textbook. // M.: TK Velbi, Publishing House Prospekt, 2004. - p. 11

3 Federal Law "On State Pension Provision in the Russian Federation" dated 15.12.2001 No. 166-FZ Article 2 // Collected Legislation of the Russian Federation 2001 No. 51. Article 4831

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 incomes in cases of social risks at the expense of targeted funds financial sources in the amount and on conditions strictly regulated by society, the state, in order to maintain their full-fledged social status; 2) the system of material support and services for citizens due to age, illness, disability, unemployment, loss of a breadwinner, raising 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, with the loss of a breadwinner in the family;
• - the provision of benefits and the provision of benefits to women-mothers, families with relatively low average per capita incomes, etc.

Characteristics of social security in Russia

Component
Social security goals	Alignment of the social status of certain categories of citizens with the rest of society. Equalization of personal incomes in the event of social risks. Prevention, mitigation or elimination of adverse consequences of the onset of social risks
Principles social securing	The universality of social security. The general availability of social security. Establishment of the level of social security that guarantees a decent human life, free development of the individual. The variety of grounds, forms and types of social security. Differentiation of the conditions and procedure for the presentation of social security by subjects of public relations. Intended use of funds
social securing	Economic. Protective. Political. Social rehabilitation. Demographic. Production
social securing	Administrative and legal. Civil law
social securing	Material support of citizens in old age, during a period of temporary disability, with the loss of a breadwinner in the family. Provision of benefits and the provision of benefits to women-mothers, families with relatively low per capita incomes, etc.
Main types of insurance coverage	Cash payments (pensions, benefits, compensation and in-kind assistance (food, things, medicines, transport and technical means for disabled people, etc.). Social services and benefits (social services for the elderly, disabled, children, medical assistance, spa treatment, etc.). 1) payment to a medical institution of the costs associated with providing the insured person with the necessary medical care; 2) old-age pension; 3) disability pension; 4) survivor's pension; 5) temporary disability benefit; 6) benefit in connection with work injury and occupational disease; 7) maternity allowance; 8) monthly allowance for caring for a child until he reaches the age of one and a half years;

Component	9) unemployment benefit; 10) a one-time allowance for women registered with medical institutions in the early stages of pregnancy; 11) a lump sum for the birth of a child; 12) allowance for spa treatment; 13) social allowance for burial; 14) payment of vouchers for sanatorium treatment and health improvement of employees and their families
Organizational and legal forms of social security	Social insurance system. Pension system. System of payment of benefits and compensations. The system of social services for senior citizens, disabled people, families with children and unemployed citizens
social service	One-shot. Indefinite
social securing	State, municipal (or other) bodies of social protection of the population. Employment authorities (for unemployment benefits). Social Insurance Fund (FSS). Educational authorities in charge of children's institutions. Pension bodies of ministries and departments (defense, internal affairs, etc.). Employers, etc. The ITU Bureau establishing the fact of disability, its causes and time of onset. The court establishing the facts of the unknown absence and death of the missing person. Medical institutions that establish the fact of temporary disability, etc.
Grounds for legal relations on social security	Objective basis for providing (birth of a child, disability, reaching a certain age, low income, orphanhood, etc.). The will of a citizen to receive one or another type of social security (personal statement or statement of legal representatives - guardians, trustees). The act of the relevant authority on the provision (refusal to provide) a specific type of social security

The main types of social security include:

• old age, disability, survivor, seniority, social pensions;
• benefits for unemployment, temporary disability, pregnancy and childbirth, large and single mothers, children, disabled from childhood, etc .;
• maintenance and service of children, the elderly and the disabled in stationary institutions;
• vocational training, employment of disabled people, prosthetic and orthopedic and medical social help, benefits and advantages for people with disabilities, medical and social examination and rehabilitation, etc.

Social Security Law - a set of legal norms that regulate public relations by a specific method regarding the distribution of a part of the gross domestic product by providing the population by the competent authorities in the manner of social insurance and social security cash payments, medical and drug assistance, social services or benefits in accordance with the norms and in the manner prescribed by law, as well as 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, bodies local government and public associations and aimed at preventing violations of social human rights or eliminating obstacles that are not offenses to the exercise of his rights.

Under protection of social rights is understood as compulsory in relation to an obliged person legal way restoration of the violated human rights either by the authorized person himself or by the competent authorities.

Social guarantees - social rights that are binding on the state, i.e. such a relationship 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 activity, it is an important problem to determine the circle of persons who are entitled to a part of the state's income, and thereby to some benefits.

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

Need - temporary or permanent under-consumption by a person of food, durable goods and services that are widespread in society.

Need- such a state of individuals, which 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 limitations are subdivided into physiological and psychological limitations that do not allow an individual, either because of early age and old age, or because of disability and illness, to work, and therefore enter into a relationship of a universal nature.

The essence of the state's social policy is to maintain relations both between social groups and within them, to provide conditions for increasing the welfare, living standards of members of society, to create social guarantees in the formation of economic incentives for participation in social production. It should be noted that the social policy of the state, acting as component measures taken by the state in order to regulate the conditions of social production as a whole is closely linked with the general economic situation in the country.

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

By lifetime 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 one-time benefits - on the occasion of the birth of a child; for burial, etc.);
• - legal relationship with absolutely set deadline 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 relationships includes, for example, the legal relationship for the payment of benefits for the time of 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, legal relations regarding the payment of an old-age pension; legal relations 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 relationships can be distinguished:

• - to ensure at the expense of budgets of all levels, as well as off-budget state social funds;
• - for security from non-state funds (non-state pension funds, charitable foundations, 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 on state social insurance, including legal relations on the provision of state social assistance.

Derivatives 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) ":

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

For example, for the appointment of a disability pension, it is necessary to establish the fact of disability, and for the appointment of a temporary disability benefit, it is necessary to establish the fact of disability, etc.

Procedural legal relations included in the subject of social security law are associated with the consideration of disputes arising in this area. These disputes can arise on various issues: the refusal to appoint a particular type of social security or the determination of its size in monetary form; 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 sphere of action of the social security law consists of such elements as the subject, object, content, grounds of origin, change and termination.

The legal relationship in the field of social security is 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 on the occasion of the loss of the breadwinner, the subject is the family. Depending on the type of social security, the subject of the legal relationship under consideration may be a minor teenager, an orphan child, a disabled person, an unemployed, a disabled person, a refugee, a forced migrant, an elderly person, as well as persons who have suffered from radiation accidents or natural disasters (earthquakes, floods), and etc.

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

In procedural legal relations for the consideration of disputes over a particular type of social security, the subject of the legal relationship is a higher authority or court.

The content of the legal relationship 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 other party to which 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 a legal relationship in the field of social security are various legal facts, both events (disability, temporary disability, death) and actions. A feature of legal relations in social security is the mandatory declarative procedure in the implementation of the right to get 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, benefit or other type of social security, no payments, services, etc. he will not be provided, which means that an appropriate legal relationship for social security will not arise. Therefore, the legal relationship in social security often arises (changes, stops) on the basis of not one legal fact, but a whole group of facts, which is usually called a complex legal factual composition.

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

Social Security

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

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

In everyday consciousness, social security is understood as 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 gives the following interpretation of the word "provide": 1) to provide sufficient material means of living; 2) supply something in the right quantity; 3) make it quite possible, real, really doable; 4) protect, guard (outdated).

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

So, E.E. Machulskaya and J.A. Gorbachev's opinion that social security is “a set of public 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 of individuals in cases of loss of earnings or labor income, incurring additional costs for the maintenance and upbringing of children, and support for other family members. in need of care, lack of funds in the amount of the subsistence minimum for objective socially significant reasons, as well as for the provision of medical assistance and social services. "

M.O. Buyanova, SI. Kobzeva, Z.A. Kondratyev believe that social security is “a form of expression of the social policy of the state aimed at material support of certain categories of citizens from the state budget and special off-budget state funds in the event of events that are recognized by the state at this stage of its development as socially significant, in order to equalize the social situation. these citizens in comparison with the rest of the society ”.

M.L. Zakharov and E.G. Tuchkova give the following definition: “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 incomes in cases of social risks at the expense of targeted financial sources in the amount and on conditions strictly standardized by society, the state to maintain their full social status ”.

In the textbook by G.V. Suleimanova "Law of social security" social security is defined as "a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social situation of citizens, and in cases stipulated by the legislation of the Russian Federation, other categories of individuals due to the occurrence of circumstances recognized by the state as socially significant (insurance risks). "

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

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

One of the largest Soviet legal scholars R.I. Ivanova views social security as a sociological category of universal human value. In her opinion, social security is “a form of distribution of material benefits not in exchange for labor expended in order to satisfy the vital personal needs (physical, social, intellectual) of the elderly, sick, disabled, children, dependents who have lost their breadwinner, the unemployed, all members society in order to protect 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 livelihoods.

At the heart of social security are certain essential characteristics. These include:

a) "the state nature of the organizational and legal methods of distribution of the aggregate social product through the social security system, established in society";

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) “consolidation of the rules for the provision of social security in social, including legal, norms”.

The importance of social security in the life of society is determined by what functions it performs. A function is “a duty, a range of activities; appointment, role ".

In the literature, the following functions of social security are highlighted:

1) economic function. It lies in the fact that the state, distributing a certain part of the country's gross domestic product (GDP), influences the equalization of citizens' incomes by providing material benefits (pensions, benefits, payments, etc.) instead of lost earnings, in the event of difficult life circumstances (disability, illness, unemployment and others), if it is necessary to reimburse additional costs (for example, when giving birth and raising a child);

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

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

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

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

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

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

Social security is also a legal category, since “states are implementing 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; the 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 material support of certain categories of citizens from the state budget and special off-budget funds in the event of events recognized as socially significant, in order to equalize the social status of these citizens in comparison with the rest. members of society "

Of particular importance for the scientific development of social work and social science in general in modern Russia is the need to identify 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 basics of compulsory social insurance" (No. 165-fz dated July 16, 1999) compulsory social insurance- "part state system social protection of the population, the specificity of which is the insurance of working citizens, carried out in accordance with the federal law, against possible changes in the material and (or) social situation, including due to circumstances beyond their control ”.

Since the beginning of the 90s, in connection with the transition to market relations in our country, the term “social protection of the population” has become widespread. Since 1992, the Soviet social security bodies (social security services) have been renamed into the system of social security bodies, which is being formed as a social institution that includes a set of norms, principles, institutions, and organizations.

Unfortunately, to date, at the official level, the organizational and legal essence of the concepts "social protection", "social security", as well as their relationship and correlation have not been determined. It must be said that in the public consciousness these two terms are often confused and not separated.

Under social protection understand the totality of legally established economic, social, legal guarantees and rights, social institutions and institutions that create conditions for maintaining the life support, life of various social groups especially 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 protection system.

In a broad sense, social protection of the population means a whole range of measures:

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

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

3) to create a favorable environment and health protection;

4) for the protection of mothers and children and others.

Based on this, we can conclude 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 support for 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, this 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 says that “under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation are:<...>g)<...>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 integral element.

Social security is also one of the most important social work technologies. Itself social work can be defined as the activities of the state, public organizations and individuals aimed at solving the social problems of a group, an individual, at providing social assistance and services to people who find themselves in a difficult life situation.

Traditionally, technology is understood as "a set of methods of processing, manufacturing, changing the state, properties, shape of raw materials, materials 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 carrying out 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 the textbook "Social work" edited by V.I. Kurbatova, “the social security system occupies a special place among the general technologies of social work. It is not only interconnected with other technological procedures of socionomy, but also ensures their interaction in practice ”.

Thus, social security is a multifaceted and multifunctional phenomenon of modern society, the essence of which is to ensure and protect an optimal standard of living, to maintain the social status of an 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 minimum subsistence level established by law."

By now, the Republic of Bashkortostan has adopted a large number of laws, decrees, decrees and other acts concerning social security of various categories of the population. For example, the law of the Republic of Belarus "On state support for a large family in the Republic of Belarus" dated 07.24.2000, the law of the Republic of Belarus "On social support for disabled people in the Republic of Belarus" dated 17.12.04, a 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 (from 24.07.03), the decree of the President of the Republic of Belarus "On measures for state support of families, motherhood and childhood and the improvement of the demographic situation in the Republic of Belarus" and others.

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

Thus, social security functions on a large basis of regulatory legal acts at various levels- from international to local.

Forms and types of social security

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

In the literature, specific features are considered, according to which one or another form of social security is distinguished:

a) sources and methods of financing;

b) the circle of the provided persons;

c) types of security;

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 contributions, in the amount and in the manner determined by the legislation;

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

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

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

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

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

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

Social insurance is "an institution for 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. From the salaries of employees, on a mandatory basis, to off-budget social insurance funds, which will be insurers (Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, compulsory medical insurance funds) insurance premiums... "These contributions are considered as a deferred part of the earnings of workers for their future social security (in some cases and family members) in the form of appropriate pensions, benefits, social services, medical assistance." Insurance premiums are paid directly by organizations, enterprises, institutions (for the insurance of the working population), as well as state executive bodies, federal bodies and bodies of the constituent entities of the Russian Federation and local self-government (for insurance of the non-working population), which are called policyholders.

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

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 pension; benefits for temporary incapacity for work, in connection with work injury and occupational disease, for pregnancy and childbirth, unemployment and others.

At present, there is no single social insurance fund in Russia, at the expense of which all types of security for 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, maternity benefits and others, the Compulsory Health Insurance Fund pays for medical treatment costs. The general management of them is carried out by the Government of the Russian Federation.

Sources of cash inflow to off-budget funds are, in addition to insurance contributions, the unified social tax, federal budget subsidies, penalties and others.

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

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

1) citizens who “receive security in connection with certain socially useful activities (during which they are not subject to compulsory social insurance) upon the occurrence of circumstances recognized as socially respectable”. 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, one can name such as social allowance in connection with the birth of a child, social allowance for burial, vocational training and employment of disabled people, various benefits, payments and more. "These types of social security are provided to any citizen upon the occurrence of the 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 FSB and other departments, as well as bodies of social protection of the population, health care, education, employment, guardianship and trusteeship and others.

In the system of this form of social security, a subsystem is distinguished - state social assistance... It is established by the federal law of 17.07.99 "On state social assistance" and is currently in the stage of formation. Its subjects are “only low-income individuals and families, and the basis for the provision of social payments or services is the level of individual or per capita family income. If it is below the subsistence level, then the family (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 the labor force or on the payment of insurance premiums. ”

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

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

1) Pension(from the Latin word pensio - payment) - "regular cash payment as material security for old age, disability, seniority, 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 funded by the Pension Fund of the Russian Federation, where employers deduct insurance premiums for their employees. Employed citizens and their families are covered by this insurance.

State pension provision is funded 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 by their work or service.

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

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

Labor pension- This is "a regular (monthly) cash payment accrued to citizens in order to compensate for wages or other income received by insured persons before the establishment of their labor pension or lost by disabled family members of insured persons in connection with the death of these persons ...". The normative legal basis for the appointment and regulation of such pensions is the federal laws "On labor pensions in the Russian Federation" dated 17.12.01 and "On compulsory pension insurance in the Russian Federation" dated 15.12.01.

Distinguish four kinds labor pensions: old age, disability, survivor, seniority.

The following persons have the right to receive a budgetary pension:

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

2) persons who are 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 regulation regulating relations in the field of such pensions is the Federal Law "On State Pension Provision in the Russian Federation" dated 15.12.01.

Budget pensions for disabled citizens are called "social pensions". It is established mainly for children with disabilities, invalids from childhood, for men aged 65 and women - 60 years old, who do not have the right to a labor pension, including those who have not accumulated the appropriate length of service.

2) Allowance- 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.

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

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

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

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

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

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

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

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

There are types of social services by the nature of the services provided: 1) inpatient services (carried out in boarding houses 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 counseling assistance; 6) rehabilitation services.

An example of rehabilitation services is the rehabilitation of disabled people, which includes the provision of prosthetic and orthopedic assistance, medical and social expertise, 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 houses, prosthetic and orthopedic enterprises and others.

7) Professional education and employment disabled people as a form of social security is becoming especially important in modern conditions... The state provides people with disabilities with guarantees of employment. In accordance with the Federal Law of the Russian Federation "On social protection of disabled people in the Russian Federation", a set of measures is provided to increase their competitiveness in the labor market, These include:

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

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

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

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

Creation of conditions for entrepreneurial activity disabled people;

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

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

8) Prosthetic and orthopedic care disabled people are aimed at providing them with the necessary prostheses, personal means of transportation at home and on the street, as well as ortrez - 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 is an institution of modern society; universal social technology, the purpose of which is to maintain the social status of the individual, to maintain the standard of living in the event of objective life circumstances (social risks). 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 "care" (take care), "care") its citizens with sources of livelihood, guarantees protection from social risks (illness, old age, disability, unemployment, etc.), supports well-being, social justice and solidarity, mitigates social inequality;

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

3) at present, social security in Russia is based on a significant system of normative 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 support.

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INTRODUCTION

Social security is a form of expression of the state's social policy aimed at material support of a certain category of citizens from the state budget and special extra-budgetary funds in the event of events recognized by the state as socially significant (at this stage of its development) in order to equalize the social status of citizens in comparison with the rest of society.

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 by their own efforts acquire a source of means of their existence. These people include, first of all, children and the elderly. In addition, the ranks of the disabled can be replenished by every person who has lost the ability to work temporarily or permanently due to a health disorder.

As society evolves and becomes more complex social connections among the reasons for a person's need for social assistance are added those that are due to the nature of the dominant economic relations in society, which give rise to unemployment, inflation, and poverty. Social security as a certain form of life support for people has specific organizational and legal forms, types and functions.

The purpose term paper is the consideration of organizational and legal forms, types and functions of social security.

The goal determined the solution of the following tasks:

1) Formulate the concept and consider the functions of social security.

2) Describe the organizational and legal forms of social security at the present stage.

3) Consider the types of social security.

1. CONCEPT AND PRINCIPLES OF SOCIAL SECURITY IN RUSSIA

1.1 Social security signs

To date, there is no specific concept of social security in legislation. Therefore, to begin with, let's define the signs of social security.

Having traced the main trends in the formation of social security systems in various countries, the essential features of social security at the present stage include:

First, the state nature of the organizational and legal methods of distribution of the aggregate 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 the provision of certain types of social security;

Thirdly, the consolidation in the norms of law or in treaties sanctioned by the state, the circle of persons subject to security;

Fourthly, the state rationing of the social security standard, below which it cannot be, by legislative consolidation of the types of security, its level and conditions of provision.

1.2 Social security concept

Having singled out the signs of social security, it would seem that it is not at all difficult to define it.

However, an unambiguous concept of this phenomenon has not yet been developed.

Thus, we can give the following general concept social security as a phenomenon in the life of any society and state.

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 incomes in cases of the onset of social risks at the expense of targeted financial sources in the amount and on conditions strictly standardized by society, the state, to maintain their full value social status.

Consequently, state social insurance is a compulsory social security system for an employee.

The provision, addressed to a person by society, by the state in those cases when he, due to circumstances beyond his control, needs support, guarantees a certain social comfort, restores the status of a full-fledged member of society.

The essence of social insurance is to distribute the social risk of loss or decrease in earnings due to circumstances beyond the control of the employee to employers and the employees themselves, who forcibly deduct insurance payments to targeted social insurance funds. At the same time, the classical systems of state social insurance guarantee the provision of material benefits (pensions, benefits, other services) to the insured on the principle of commensurate with the amounts paid to insurance funds.

Recently, the increasing popularity of both international level, and within the country receives such a term as social protection of the population.

In our country, this term has become widespread in connection with the renaming of the system of social security bodies into the system of bodies of social protection of the population (1992). The Concept of Social Protection of Pensioners, Disabled People, Families with Children and Other Groups of the Population in Need of Social Support, developed by the Ministry of Social Protection of Russia with the participation of other interested ministries, provides the following concept of social protection: “Social protection is a set of additional measures for material assistance to the least protected groups of the population (the elderly, the disabled, low-income families with children, students, people without means of subsistence), as well as to prevent the collapse of the social protection system, to maintain the level of social services. This set of measures is carried out both at the expense of the federal and local budgets, and at the expense of specially created funds for social support of the population. "

However, even after eight years, it is premature to talk about the development of the social security system in Russia into a system of social protection of the population, since the state constantly demonstrates its economic inconsistency to the population.

As already mentioned, there is currently no legislatively formalized system of social protection of the population in Russia. Social security functions as a separate, internally organized systemic education with a complex structure. The phenomenon of such a complex systemic formation lies in the fact that each of the elements of the system, in turn, represents a relatively isolated system, consisting of elements of a lower level, which also form a system that has its own internal organization. Consequently, at the present stage, social security as a systemic education of a higher order consists of two elements - the state and non-state social security system.

The state system of social security is legislatively enshrined and functions within a certain legal framework through the implementation by the subjects of the relevant legal relations of their rights and obligations. Thus, this system is primarily a multilevel legal entity. On the the highest level it consists of legally enshrined systems: a) the financing of social security; b) management; c) material security and social services for the population.

There is also an intra-industry level in the social security legal system.

So, in financial law, one can distinguish subsystems for financing social security costs through: centralized off-budget credit and financial systems (the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the State Employment Fund of the Russian Federation, compulsory medical insurance funds); at the expense of the federal budget; at the expense of the budgets of the constituent entities of the Russian Federation; at the expense of local budgets and funds of organizations; at the expense of funds for social support of the population.

In the system of material security and social services for citizens, enshrined in the norms of social security law, the following subsystems are relatively independent: pension provision; providing citizens with benefits and compensations, medical care and treatment, social services, benefits.

The importance of social security in the life of society is determined by what functions it performs, what basic problems of society it allows to solve.

1.3 Social security functions

1) The economic function 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 (pensions, benefits, compensations, social services, etc.) instead of lost earnings or along with it in the event of social risks specified in the laws. The implementation of the economic function is specifically embodied in the redistribution of the gross domestic product through the accumulation of funds in targeted sources (in off-budget social insurance funds, in the federal budget, in the budgets of the constituent entities of the Federation, funds for social support of the population).

2) The production function of social security. Social security is associated with social production, affects it. It is expressed in the fact that the right to many types of social security is conditioned by work activity, and the level of security often depends on its nature and the amount of remuneration for work. As the principles of social insurance are increasingly implemented, this impact will increase, as the incentive importance of social security to increase labor productivity and professional excellence working. Social security also contributes to the timely withdrawal from social production of an aging labor force and persons who have lost the ability to work.

3) The social (social-rehabilitation) function of social security contributes to the maintenance of the social status of citizens in the event of various social risks (illness, disability, old age, death of the breadwinner, unemployment, poverty) by providing various types of material support, social services, benefits in order to maintain a decent living standards and, preventing impoverishment.

With the help of the social function, the rehabilitation direction of social security is carried out, the purpose of which is to restore (in whole or in part) a full-fledged life activity of a person, which allows him to study, work, communicate with other people, serve himself independently, etc.

4) The political function allows the state to implement the main directions of social policy using means specific for social security. The Constitution of the Russian Federation (Article 7) establishes the provision that Russia is a social state, the policy of which is aimed at creating conditions that ensure a dignified life and free human development. In the Russian Federation, labor and health of people are protected, state support is provided for families, motherhood, fatherhood and childhood, disabled people and the elderly, a system of social services is developing, state pensions, benefits and other guarantees of social protection are established. The state of social peace in society depends on how effectively social security fulfills 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.

5) The demographic function is realized through the impact of the social security system on many demographic processes - on the life expectancy of the population, population reproduction, birth rate stimulation, etc. ... Absence effective system social assistance to families with children will undoubtedly entail a significant decrease in the birth rate in the country, etc.

6) the spiritual and ideological function of social security, in which he distinguishes: ideological, moral and socio-psychological subfunctions.

2. ORGANIZATIONAL AND LEGAL FORMS, TYPES OF SOCIAL SECURITY AT THE MODERN STAGE

2.1 Organizational and legal forms of social security

The main organizational and legal form of social security is state social insurance. Its essence lies in the division of the social risk of losing earnings, reducing incomes below the subsistence level, the need for medical care and other social services between the state and the workers themselves, who are subject to compulsory social insurance.

The monetary funds of federal extra-budgetary funds are state property and cannot be spent on any other purposes, except for those for the financing of which they were created. In accordance with Art. 13 BC, the state off-budget fund is a fund of funds formed outside the federal budget and the budgets of the constituent entities of the Russian Federation and intended for the implementation of the constitutional rights of citizens to pensions, social insurance, social security in case of unemployment, health care and medical care.

In connection with the introduction of part two of the Tax Code and the establishment of a unified social tax (contribution), the procedure for crediting payments to state social extra-budgetary funds has changed.

These funds include:

Social Insurance Fund of the Russian Federation;

Pension Fund of the Russian Federation;

Federal Compulsory Health Insurance Fund.

Another organizational and legal form of social security is a direct allocation (pensions of civil servants, military personnel, social services for the elderly, etc.) from the federal budget.

Non-state social security. In addition, recently, along with centralized forms, non-state social security has also become widespread.

1. Municipal social services. The Moscow government implements a social policy aimed at improving the life of Muscovites of all social strata and categories. The actions of the Moscow Government are primarily aimed at protecting the elderly, disabled people, families with children and other low-income categories of the population. So, according to the decree of the Moscow Government dated January 16, 2001 No. 31-PP, a comprehensive program of measures for social protection of Moscow residents for 2001 was approved, according to which it was provided:

monthly compensation payments to former military personnel with disabilities, parents of military personnel who died in peacetime;

an increase in the amount of subsidies for urgently needed students;

allowances to pensions in excess of the social norm and other payments.

2. Non-state pension funds. They operate on the basis of Federal Law No. 75-FZ dated 07.05.1998 “On Non-State Pension Funds”. This is a special organizational and legal form non-profit organization social security, the exclusive type of activity of which is non-state pension provision of fund participants on the basis of relevant agreements between the population and contributors in favor of the fund participants.

The fund's activities on non-state pension provision of the population include the accumulation of pension contributions, the placement of pension reserves, accounting for the fund's pension obligations and the payment of non-state pensions to the fund participants.

3. Charitable activities of citizens and legal entities. Legal regulation of charitable activities is carried out on the basis of the Federal Law of August 11, 1995 No. 135-F3 "On charitable activities and charities", The Law of the city of Moscow dated 05.07.1995 No. 11-46" On charitable activities. "

Charity work is voluntary activity citizens and legal entities for disinterested (gratuitous or on preferential terms) transfer to citizens or legal entities of property, including funds, disinterested performance of work, provision of services, provision of other assistance for the purpose of social support and protection of citizens, including improving the material situation of the poor, social rehabilitation of the unemployed, disabled people and other persons who, due to their physical or intellectual characteristics, as well as other circumstances, are not able to independently exercise their rights and legitimate interests.

4. Benefits and compensation provided to employees by enterprises, institutions, organizations at the expense of profits. An example of such social security is the provision of extra days of rest for certain categories of workers.

2.2 Types of social security

The types of social security in the Russian Federation include:

labor and social pensions;

insurance benefits (for unemployment, temporary disability, pregnancy and childbirth, citizens with children, etc.);

services in the field of social services for the elderly and disabled;

provision of free medical care under compulsory health insurance programs; and etc.

This is a way of providing material assistance or a way by which the state assists a citizen in meeting a particular need.

It is customary to talk about such types of social security as pensions, benefits of various types, benefits, social services and subsistence benefits.

Pensions are the most significant type of security, both in terms of the number of funds provided and in terms of the amount of funds spent.

The literal translation of the word "pension" is payment. This is one of the forms of cash payments, which is carried out by the state through specially designated bodies and is made from a certain pension fund. The subject of this type of security is a person who is recognized as disabled due to reaching a certain age, recognized as disabled by medical criteria (disability), or because of the performance of any social functions (caring for a disabled person of the 1st group, a disabled child, the elderly etc.).

An important feature of a pension is its connection with the pensioner's former labor activity and with the amount of previously received wages, its mandatory nature. The purpose of the pension is material security of citizens, providing them with the only or basic means of subsistence. There is a point of view that a pension is a remuneration for work deferred for a while.

Thus, a pension is a state payment made from the pension fund for the purpose of providing material support to disabled citizens in connection with their past labor and other socially useful activities in amounts, as a rule, commensurate with the amount of past earnings.

This type of social security is not monolithic, it is subject to differentiation, which is based on normative legal acts - the law "On Pensions for Servicemen", "On State Pensions in the RSFSR", etc. Pensions are sometimes accompanied by another type of security - social services, i.e. the provision of a number of services at the expense of the society free of charge. The goal is to provide those in need with additional help in the form of household actions. Social services, as a type of social security, includes services for sanatorium-resort treatment, housing in boarding houses, labor rehabilitation and employment of disabled people, some health services, educational services, for keeping children in preschool and out-of-school institutions.

The next type of social security, which is widespread, are benefits - a number of types of social security, differing in goals, sources of payments, subjects.

The first type of this group consists of the so-called labor benefits, which are paid to persons who are in labor relations with an enterprise (state, municipal, cooperative, etc.) and who have temporarily lost their wages due to disability. They are paid at the expense of social insurance funds. Availability labor relations between the subject of the provision of benefits and the insured, in the role of which is an enterprise or other similar object, is mandatory. The purpose of labor benefits is full or partial compensation for lost earnings, with which their size is commensurate, that is, during the period of incapacity for work, a person, without performing any actions in favor of the enterprise, receives money from him.

Labor benefits include, for example, maternity benefits.

The second group is social benefits. They differ from the first group in that they are not related to work. These benefits are characterized by the absence of socially useful activities of the recipient or the presence of it in an amount that does not give the right to other types of security. The goal is to provide funds that would be a source of livelihood or material support. They are paid in fixed amounts established by law. For persons released from duties working (invalids of the 1st group, invalids of the 1st and 2nd groups), these benefits are equal to the minimum retirement pension. For others, their size is such as to ensure that only a small range of vital needs are met. Social benefits are an expression of society's concern for people who have been left without a livelihood for some reason. Their establishment should be considered as a manifestation of the humanism of society. The source of payment of these benefits is the state budget. Thus, social benefits are monthly cash payments from special state funds in cases established by law to disabled persons who do not work and are not entitled to labor pensions and others. monetary types security (except for family benefits).

These include social pensions. The attribution of social benefits to pensions in the legislation is caused by the established world legal practice.

The third group is family benefits. Families are the subjects of their receipt. The main social purpose of family benefits is the provision of state material assistance to families incurring additional costs in connection with the upbringing and maintenance of minor children and in some other cases. They are paid as additional assistance, regardless of other family income from the state budget in amounts determined based on the amount of the minimum wage established by current legislation.

These include pensions for disabled children, allowances for the care of young children, single mothers, for children of low-income families, on the occasion of the birth of a child, for burial, etc.

The next type of security is the provision of benefits that alleviate the financial situation of certain categories of persons as a result of the fact that society takes on part of the necessary monetary spending. This type of collateral is widely used. This includes partial payment medicines and utilities, payment of the partial cost of vouchers for the recreation of children in sanatoriums and camps, the maintenance of children in preschool institutions, etc.

Another type of security is provision in kind, that is, the transfer of property or material assets to certain categories of citizens. We are talking about the free provision of prosthetic and orthopedic products, means of transportation, medicines for some groups of disabled people, about the provision of housing at the expense of the state housing stock.

The distribution of these types of social protection should be in broad accordance with the normative legal acts adopted both at the level of the Russian Federation and at the level of the constituent entities of the Federation.

3. PROBLEMS OF SOCIAL SECURITY IN MODERN RUSSIA AND WAYS OF THEIR SOLUTION

social security russia charitable

The use of shock methods of market transformations revealed the most acute problems not only in the economy, but also in social sphere, the living conditions of the entire population. This has caused the objective need for a greater social orientation of reforms, the definition of social priorities, the social "price" of the transition to a market economy and clarification of the very concept of its social orientation. Social orientation presupposes the choice of social priorities, targeted stimulation of certain spheres and areas of activity, and the implementation of environmental programs.

One of the most difficult philosophical and moral questions is the question of the combination of the market and social justice. In addition to the obvious connection between social development and the achievement of social justice, it is equally important when analyzing social problems to proceed from the real state of the country's modern economy, which continues to deteriorate. The decline in production and investment activity has not been overcome, there are no structural changes, the purchasing power of enterprises and the population is decreasing. Retail turnover, including services, is more than two times higher than the output of consumer goods, which indicates an unprecedented overestimation of distribution costs and does not contribute to the formation of a competitive pricing mechanism. The latter not only complicates the implementation of large-scale programs for the reconstruction of the national economy, but directly affects social development, the state of affairs in commodity-producing industries, and the standard of living of the employed and non-working population.

Even taking into account the inflationary increased retail turnover, the total volume of final consumption of consumer goods and services of the population is 38-40% of the GNP. This testifies to the underconsumption of goods and services, which means the impossibility of normal reproduction of labor. Underconsumption in no way means that free resources are channeled into the investment sector. On the contrary, the discrepancy between the accumulation potential and real accumulation remains extremely high.

From the point of view of the social consequences of the indicated phenomena, it is especially important to understand that if the underinvestment in the economy is reflected primarily in the structure of activity, employment, etc .;

That underconsumption affects life expectancy, health of the population. There is also concern about the fact that, on average, in Russia, the increase in cash income due to an increase in wages in sectors of the economy occurs at a slower pace than due to other sources. In many regions, the problem of non-payments and wages arrears remains acute. Average wage the increase of workers is much less than the official increase in the minimum wage. Standard of living different groups population did not change in accordance with labor input, but depending on the degree of approach to the upper levels in the hierarchy of power. There is a substitution of the system of values ​​in the public consciousness: conscientious, creative work is becoming less and less preferable: it is not stimulated accordingly, but more and more prestigious - property, wealth, regardless of how they are acquired. On the other hand, conscientious and honest work becomes in the mass consciousness something unnecessary, superfluous; and the paradox of the current situation is also manifested in the fact that their own potential (knowledge, abilities, skills and experience) at the place of their main work is not used enough. The problems of social development are directly related not only to the decline in the standard of living of workers and the stratification of the population by income, but also to the problems of employment. Employment is not only a problem labor relations or social development of business entities, this is, first of all complex problem, the solution of which depends on the general economic situation, budgetary and credit policy of the state, in which employment is the determining factor. Thus, the analysis of modern problems of social development shows that in order to solve it, it is necessary to form an integral socio-economic policy, both at the regional level and on the scale of the state as a whole; providing financial and credit assistance to the regions. This is one of the most important tasks federal government, which has not yet been executed.

Correcting the situation requires a number of measures.

First, federal social policy should be shaped on the basis of socio-economic expediency, not political ambitions. The problems of federalism should not become the center of the intertwining of politics and economics. Today, in the distribution of federal taxes and subsidies, some regions bear the main burden of securing the federal budget, while others have become the main “consumers” of this budget.

Secondly, the successful solution of social problems facing society is possible only with a clear delineation management activities, both in terms of objects of influence, and in terms of "problems", without which, in principle, it is impossible to determine the limits of control.

Third, the task of managing social development is the concretization of general targets, taking into account the existing system government controlled, local government, as well as socio-economic conditions and restrictions of various nature.

At present, in conditions of economic, structural, social (partly psychological) environmental crisis phenomena, these tasks can be grouped as follows:

An active policy to improve the standard of living, social support of the population, create conditions for the realization of its capabilities to independently ensure its well-being.

Effective measures in the labor market to optimize the structure of employment and reduce unemployment.

Formation of a mechanism for social protection of socially disadvantaged and socially vulnerable categories of the population, social security for the disabled population.

Development of an effective system for protecting the civil rights of the individual and ensuring security.

Institutional transformations in the social infrastructure and the social and cultural sphere in order to expand the opportunities for the population to receive appropriate services, improve the quality of services, ensure accessibility for each minimum set of free education, health care, etc.

CONCLUSION

Based on the materials studied, we can talk about the versatility of the approach to the very concept of social security. Lawyers and legal scholars believe that the purpose of social security is to protect the right to life. Politicians often use social security as a political slogan. Economists understand social security as a redistribution of income.

Taking into account these trends, the concept of social security can be defined as follows: Social security in a narrow sense means that the state, with the goal of social policy to ensure a minimum standard of living of society, guarantees everyone from the main dangers that threaten the loss of livelihood - such as disease , industrial accident, old age, unemployment, poverty; in a broad sense, social security means a system that, through the state and public organizations, provides resources for living and services to those in need, so that a person lives like a human, and through the redistribution of income strives for social equality and full equilibrium development.

The most important function of the social security system is, of course, to ensure an acceptable standard of living for the population. The structure of such a system is as follows: social assistance is provided to the disabled; able-bodied people are provided with the possibility of social insurance; those in need of social support are supported by social services.

The second most important function can be called the function of income redistribution. A typical example of income redistribution in social security is social assistance, which can be said to effect "vertical income redistribution". Another structural area that performs the function of "vertical redistribution" is social services. The functions of "horizontal distribution" are performed by social insurance.

The third main function of social security is the function of economic stabilization.

Since, the social security system by skillful regulation of the proportions of social contributions and taxes can achieve economic stabilization, thereby preventing such social dangers as inflation and financial problems of the state.

The social security system of each country has its own characteristics in connection with specific socio-economic conditions. The right to social security is enshrined in the Constitution of the Russian Federation and is a complex of interrelated organizational and legislative measures.

Basically, in the Russian Federation, social protection of disabled and low-income groups of the population is carried out in two main areas - social security and social assistance.

The forms of social security are understood as the organizational and legal methods of its implementation. It is customary to refer to specific features of forms of social security: 1) the way of accumulating funds in financial sources, at the expense of which social security is provided; 2) the range of entities 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 carrying out social security.

The forms of social security are constantly transforming. The importance of organizational and legal methods of implementing social security lies in the fact that they allow the state and society to most rationally distribute the gross gross product through the social security system, basing this distribution on the principles of social justice.

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 subdivided into: compulsory social insurance; social security at the expense of budgetary funds; a mixed form of social security applied to certain special subjects.

Since the renewing Russia is a full-fledged member of the world community and accepts the already existing international system of views and actions in solving social problems, such a social security system should be based on a conceptual basis corresponding to the UN goal of creating a "society for all people". Such an approach considers social problems and life difficulties not as negative phenomena, but as factors that, given their fair and rational solution, contribute to sustainable social development.

The implementation of this concept in Russia will require very significant efforts, since an analysis of the demographic situation indicates the presence and deepening of many individual and group problems, which, in addition to their complexity, are also long-term in nature.

As a result, the role of social security bodies is increasing, which, having a clear idea of ​​the state's capabilities and resources to address social issues, can and should proactively act as spokesmen for the interests and aspirations of the population, and promptly inform the authorities about the existing and projected needs of citizens, as well as make suggestions for their satisfaction.

Improving social assistance and service systems for those in need, developing and expanding self-help are not only not mutually exclusive, but from a psychological and moral-ethical point of view and from the standpoint of self-affirmation is more effective and progressive than a simple dependence on the social security system.

In addition, social services are obliged to provide assistance in mastering skills, rebuilding their life cycle, taking into account changes in the resource base and socio-economic conditions. Best conditions for functioning new system represents the expansion of local government, and social activities on local and municipal social programs.

LIST OF USED SOURCES

1. The Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993. Moscow: Legal Literature, 1993.62 p.

2. Federal Law "On the Foundations of Compulsory Social Insurance" dated July 16, 1999 (as amended in 2002)

3. Federal Law "On Compulsory Pension Insurance in the Russian Federation" dated December 15, 2001 (as amended on December 31, 2002)

4. Federal Law "On the Basics of Social Services for the Population in the Russian Federation" dated December 10, 1995 (as amended on January 10, 2003)

5. Topical issues of the development of compulsory social insurance in the Russian Federation and its legislative support / Analytical bulletin of the Federation Council of the Federal Assembly of the Russian Federation. -2004. -No. 5

6. Buyanova M.O., Kondratyeva Z.A., Kobzeva S.I. Social Security Law: Tutorial... M., 2002.

7. Valeev R.F. Social Security Law: Educational and Methodological Complex. M., 2002.

8. Zakharov M.L., Tuchkova E.G. Social Security Law of the Russian Federation: Textbook. M., 2002.

9. Machulskaya E.E. Social Security Law: Study Guide M., 2001.

10. Catalog software products with technological characteristics. Reviews of changes in legislation. Search for regional information centers. http://www.consultant.ru/

11. News of the legislation of the Russian Federation, analytical materials, legal advice, infographics, etc. Legislation (full texts of documents) with comments: laws, codes, decrees, orders. http://www.garant.ru/

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

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

1.1. Concept and functions of social security .. …………………….… .... 7

1.2. Formation of the Russian federal social security system …………………………………………………………………………. …… ..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 common system right relatively recently.

At the end of the 60s, there were still scientific discussions about the concept of this industry, its subject matter, and the method of legal regulation. Nowadays, her existence has become a reality. In conditions when the Russian state system of social protection of the population is being formed anew, this branch of law acquires special significance. Its norms serve as an indicator of the state's social policy. They are called upon to timely and adequately respond to all social risks inevitably associated with the country's transition to a market economy.

Social attitudes towards social security are, by their economic nature, distributive. A significant share of the country's gross domestic product is distributed through social security systems. The mechanism of such distribution is due to the nature of economic relations, objectively dictating certain methods of financing social security.

IN 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 corresponding items of expenditure for the payment of pensions, benefits, etc. In the theory of the Soviet law of social security, the corresponding sources of funding were considered as a special legal category - “Funds for the disabled”. However, such funds did not exist. 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, disabled people, families with children, although not a high, but stable level of social assistance and support. This contributed to the social homogeneity of society, prevented the stratification of the population in terms of income.

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 a lawyer, all the more needs to know the legislation on social security. This allows you to timely and fully use 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 by their own efforts acquire a source of means of their existence. These people include children and the elderly.

With the development of society and the complication of social ties, the reasons for a person's need for social assistance are added to those that are due to the nature of economic relations prevailing in society, which give rise to unemployment, inflation, and poverty.

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

The feudal period is characterized by the domination of subsistence farming, the basis of which is the family, which is responsible for the material support 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 merits before the monarch. Thus, the pension at this time was in the nature 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 prince's court, take food, drink and money from the treasury." He also took care of the creation of god-houses, hospitable houses.

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

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

1. those who cannot earn food by their labor;

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

3. those who can work, but beggarly out of laziness and bad behavior;

4. those who, by chance circumstances, fell into dire need.

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

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

At the end of the XIX century. a fundamentally new stage begins in the development of the social security system - social security for employees begins to be carried out on a legal basis, enshrined 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 being adopted in other European countries.

In the development of social security, one more important stage should be highlighted, when, along with state and industrial social insurance of employees in countries with market economies, national social security systems begin to form, covering the entire population and guaranteeing social assistance without payment insurance premiums.

It is with the adoption of laws on compulsory social insurance of workers that state systems of social security appear. The state character of these systems is expressed in the fact that legislatively, organizational and legal ways of implementing social security, which are subsequently supplemented by new ones; but one thing remains unchanged: they are bound by the state itself.

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

Social security as a really existing social phenomenon needs a scientifically grounded definition, the value of which is determined by how fully and accurately its essential features are reflected in it. 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 aggregate

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, the consolidation in the norms of law, or in treaties sanctioned by the state, the circle of persons subject to security;

* fourthly, the state rationing of the social standard of security, below which it cannot be, by legislative consolidation of 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 makes it possible 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 incomes in cases of social risks at the expense of targeted financial sources in the amount and on conditions strictly standardized 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 exerting a certain impact on the equalization of personal incomes of citizens by providing material benefits instead of lost earnings;

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

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

* political function allows the state to implement the main directions of social policy using means specific for social security. The state of social peace in society depends on how effectively social security fulfills 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, stimulating the birth rate, etc.

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

Human and civil rights and freedoms are enshrined in the universal declaration of human rights (1948). The Declaration enshrines the right of everyone as a member of society to social security and to exercise the rights necessary to maintain his dignity and for the free development of his personality in the economic, social and cultural fields. Everyone has the right to such a standard of living, including food, clothing, housing, medical care and necessary social services, which is necessary to maintain the health and well-being of himself and his family and the right to security in case of unemployment, illness, disability. , widowhood, the onset of old age or another case of loss of means of subsistence due to circumstances beyond his control. Motherhood and infancy are entitled to special care and assistance. All children born in or out of wedlock should enjoy the same social protection.

Thus, the Declaration enshrines, first, 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 everyone 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.

Everyone's right 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 should 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 him and his family, including adequate food, clothing and housing, and to 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 the implementation of an appropriate policy, according to the Constitution, the Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a dignified life and free human development.

To judge the extent to which the state fulfills its constitutional duty to observe and protect the rights and freedoms of a person and citizen, to create the appropriate material, political, legal and other conditions for the exercise of these rights and freedoms, their embodiment in real life , it is possible only on 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 the receipt of 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 implementation of the constitutional rights of citizens, including the right to social security.

The state should guarantee everyone social support, if necessary, and without taking into account labor activity. To this end, the state must allocate in the state budget the appropriate funds at the expense of which social security is provided to everyone as a member of society on the conditions 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 great.

1.2. Formation of the Russian Federal system of social

provision.

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

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, the privileged and flawed pension systems were liquidated. The law secured an equal legal assessment of all types of labor activity and payment for it for pension provision; consolidated the mechanism of preserving the real assessment of the pension by protecting it from inflation, thus preventing a decline in the standard of living of pensioners. In the initial version, the law enshrined a principled provision, by virtue of which minimum size 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.

documentation. It began with the adoption on February 12, 1993 of another pension law - the Law of the Russian Federation "On Pension Provisions for Persons Who Did Military Service, Service in 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 established a level of pension provision that guarantees a pension in the amount of up to 85% of a serviceman's monetary allowance and without limiting the amount of pensions to a firm maximum limit.

Formation of systems of other monetary 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 mothers and children", the norms of which were then incorporated into the Federal Law of May 19, 1995 "On state benefits to citizens with children", in this connection, 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 - from April 19, 1991 "On employment of the population in the RSFSR".

For the first time in Russia, the Law of March 12, 1992 "On Ritual Benefits" introduces a ritual benefit, which is assigned to any person who has undertaken 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", which introduced free ritual services to the entire population, and if such services were not provided, then to persons who took upon themselves the funeral of the deceased, social allowance for burial is paid.

A number of other new benefits have been introduced: one-time benefits are provided for persons who have suffered in connection with their participation in the fight against terrorism; for medical professionals who have contracted HIV while performing their duties; in the event of a post-vaccination complication among 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, as a necessary element of the state system of social security, was subjected to reform. In the Soviet period, the provision of social security to citizens not in monetary form, but in the form of “in-kind support” was mainly regulated by acts of ministries and departments. Russia legally fixes this subsystem. Medical care and treatment can also be conditionally included in the number of social services.

At present, the provision of medical care and treatment to citizens is regulated by the Fundamentals of Legislation of the Russian Federation "On the Protection of Citizens' Health" adopted on July 22, 1993 by the Supreme Soviet of the Russian Federation.

The system of social services for senior citizens, disabled people, families with children is also being legislatively consolidated. Federal laws of August 2, 1995 "On social services for elderly citizens and disabled people", of November 24, 1995 "On social protection of disabled people", 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 people in need of constant help.

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 who find themselves in a difficult life situation. 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, left -without parental care ”.

A general description of the modern Russian social security system would be incomplete without taking into account social benefits. The main law that governs the provision 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 legally enshrined is such that these rights are often of a declared nature. Many types of social services remain in short supply, since they are not provided with appropriate state funding.

1 . 3. Forms of social security.

The forms of social security are understood as the organizational and legal methods of its implementation.

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

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

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

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

4. the system of bodies carrying out social security.

The 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 subdivided 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 corresponding 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.

The sources of funds for the budgets of compulsory social insurance are: insurance contributions, subsidies, and other funds of the federal budget.

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

In Russia, since the beginning of the 90s, four funds have been created as independent credit and financial systems:

Pension Fund of the Russian Federation;

Social Insurance Fund of the Russian Federation;

State Employment Fund of the Russian Federation;

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

Since January 2001, control over the correctness of the calculation, completeness and timeliness of contributions to the state social extra-budgetary funds of the 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 associated with the use of these funds, they, as before, are established by the legislation of the Russian Federation.

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

The Federal Law "On the basics of compulsory social insurance" to the types of social insurance risks include the following: 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; at his dependents.

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 way of implementing social security is expressed in the fact that the range of those provided and the types of social security are established by federal laws, in connection with which they are binding on the entire territory of Russia, that is, they are guaranteed by the state itself. At the federal level, the source of financing of expenditures is also determined: either funds from the federal budget, or funds from the budget of a constituent entity of the Russian Federation, or funds from local budgets.

The circle of persons provided at the expense of budgetary funds includes persons receiving security 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 also determines the variety of bodies providing such security. These are special services of certain departments, as well as bodies of social protection of the population, health care, education, employment services, guardianship and trusteeship, etc.

At the present stage, one more, the third centralized form of social security of social security, has quite clearly emerged, although it does not yet possess the full completeness of the features characteristic of fully 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 way of accumulating funds for these purposes has not yet been established.

The circle of persons who are subject to a mixed form of social security include judges, prosecutors, civil servants, and deputies.

Along with centralized, regional forms of social security are distinguished.

The Constitution of the Russian Federation relates legal regulation relations in the field of social security to the joint competence of federal authorities and subjects of the Federation. Exercising their right to regulate these relations, the constituent entities 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 social security of the population at the level of the 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.

The number of local, local forms of social security include organizational and legal methods for the implementation of additional measures of social protection of the population, used by municipal authorities, subjects of social partnership agreements, collective agreements. It is these bodies and entities that determine the method of accumulating 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 acquire special significance, because it is they that are as close as possible to a person and can respond in a timely manner to all social risks of a local nature, although the resources here are not yet limited.

The practical part,

1. What are the objective reasons that determine the formation and

the functioning of social security systems in society?

Social security, as a really existing social phenomenon, needs a scientifically grounded definition, the value of which is determined by how fully and accurately its essential features are reflected in it.

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. A task.

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

Solution.

According to the Law "On social protection of disabled people in the Russian Federation" Rovensky has the right to benefits, as he is a disabled person of the 2nd group. Also, according to the Government Decree of July 18, 1996 No. 707, he has the right to receive payments for housing (subsidies) and utilities, and compensation payments will be paid within the social norms of living space and standards for the consumption of utilities. taking into account the cost of living.

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 by their own efforts acquire the source of their means of existence. These people include, first of all, children and the elderly.

Consequently, social security is one of the ways to distribute part of GDP by providing citizens with material benefits in order to equalize their personal incomes 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 support their full-fledged social status.

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

Environmental function;

Production function;

Social (social and rehabilitation) function;

Political function;

Demographic function;

Spiritual and ideological function.

Thus, human rights testify that caring for the elderly, disabled, children and supporting everyone who has lost a 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, have no other source of livelihood, is truly tragic.

BibliographyiCheck list.

1. The Constitution of the Russian Federation of 1993

3. Federal Law "On Pension Provisions for Persons in Military Service, Service in Internal Affairs Bodies, Their Families" dated February 12, 1993.

10. Federal Law "On social services for elderly citizens and people with disabilities" dated August 2, 1995.

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

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

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

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