Social Security Law

The right of social security is a complex consisting of social relations, regulation of which is carried out by the norms of the relevant legal branch. These relations in accordance with the economic essence are considered distributive.

Economic discipline distinguishes five distribution options:

1. Free of charge, on the basis of equal access of citizens to goods, in proportion to the rational (reasonable) opportunities and needs of society.
2. Normalized in accordance with the costs of previous or current production needs, labor, material security.
3. It is preferable, with the introduction of a part of the cost.
4. Fee.
5. According to his work, according to his quality and quantity.

In accordance with these options for the distribution of economic benefits, consider three types of relationships. All of them are qualitatively heterogeneous, each requires its own approach to legal regulation. So, those relations, which are connected with the paid provision of services, belong to the sphere of civil law. To the same category should be attributed and preferential distribution (the third option), but only in part, which is based on reimbursement. The fifth option relates to the labor law branch. The first three types of distribution of benefits are predominantly the law of social security, in which the nature of relations is singled out in accordance with certain criteria. So, they carry out a classification, for example, according to the terms of their existence. In addition, they share procedural, material, procedural relations. There is a division into forms and types of social security.

The latter include cash payments (benefits, compensations, pensions, natural forms of assistance: medicines, products, technical means, transport, etc.), benefits and services (services for disabled, elderly, children, sanatorium treatment, medical care, etc.).

In accordance with the terms of existence, three groups of legal relations are distinguished:

1. Relations that terminate through a single fulfillment of obligations. To this type include, for example, the right to social security for the birth of a child.
2. Legal relationship with an absolutely definite period of existence. In other words, the date of their completion is known from the moment of their appearance. In this case, the right to social security in the form of payment of benefits during the leave to care for a minor child up to 1.5 years is considered.
3. Legal relationship with a relatively indefinite period of existence. This category includes, for example, pension payments in connection with old age, servicing of elderly people living in social institutions.

In accordance with the source of funding, the following types of legal relations are distinguished:

1. Implemented with the help of budgetary funds of all levels, extrabudgetary state funds.
2. Relations provided by non-state funds (charitable funds, funds of citizens or legal entities and others).

In accordance with the forms, legal relations are distinguished:

1. On social security.
2. On insurance, providing assistance.

As procedural and procedural legal relations, the derivatives of the above types are procedural.

The first are due to the disputes that arise in this area. They can be caused by different situations. In particular, the refusal of this or that type of security, the establishment of the cause of disability and others.

Procedural legal relations are associated with the establishment of legal facts that would be important for the provision of these or other services. So, for example, to assign a disability pension, you need to establish the fact of disability.

Social security in Russia includes such components as subject, content, object, grounds for termination, change or occurrence.