The method of social security law and its features. The system of social security law

Throughout its existence, the human race has sought to unite. After all, even at the very beginning of evolution, it became clear that man is a group being that can not live outside the environment of his own kind. Therefore, people began to create certain primitive formations. At the very beginning they were tribal communities. But the gradual expansion of these social associations led to the emergence of a superstructure, namely the state. However, a different, more pressing problem emerged. Any state needs a universal regulator of social relations, which simply did not exist. In the course of his search, various methods of influencing public relations, for example, violence, religion, etc., were tried, but all of them did not bring the proper result. After a lot of time appeared right. It should be considered the most successful regulator of social relations, since it comes from both the state and the individual. To date, law is a key way of organizing, regulating and coordinating the actions of society. Due to evolution, it has penetrated almost all spheres of human life. In order to somehow regulate the regulatory process, the right was divided into separate branches. One of them is social security today. The institutions and individual norms of this industry have their own specifics, and implementation occurs through the use of special methods, which will be discussed later in the article.

The concept of the right of social orientation

Before considering each separately the method of social security law, it is necessary to understand what the industry is. In the modern Russian Federation, the social security sector is a set of rules of law that, through specific methods, regulate public relations in the sphere of distribution among people of part of the gross domestic product. Simply put, this industry regulates relations in the sphere of receiving cash payments from the state, medical assistance, benefits, etc., etc. It should be noted that the categories submitted are distributed among people in a strictly defined number and order. In addition, the social security industry allows Russian citizens to preserve and protect their constitutional rights regulating state aid.

But the represented industry initially did not exist on the territory of our fatherland. The process of its formation has its long and rather interesting history.

History of the development of the right of social orientation

The method of social security law and its features, like the industry itself, were formed long enough in the territory of modern Russia. In general, the policy of social security itself, or rather, its individual provisions were first formed only in the times of the Russian Empire. Initially, for the authorities in the state, this issue was a real threat. After all, no one wanted to give any rights to the ordinary population. But with the development of Russian imperialism, the issue of social security of the population became more acute. Thus, the "Code of Laws of the Russian Empire" provided for special payments for injuries in production. This was the first step on the way to creating a fundamentally new branch of legal regulation. Already in 1886 in Russia the payment of workers for medical service was canceled. With the fall of the imperial regime and the coming to power of the Communist Party, social security becomes a key interest of state power. It can be said that it is at this stage that the industry of the same name is born, because many questions demanded a legal settlement.

The system of social security law

It should be noted that every method of social security law is directly related to the system of this specific branch of legal regulation of relations. The systematic approach to the analysis of this branch in itself allows us to see its smallest details and characteristic features, as well as to develop dogmatic principles for regulating specific social relations that are part of the range of this very important part of the law. It should be noted that, like many CIS countries, the Russian Federation belongs to countries with a pandemic legal system. That is, any legal branch is divided into two main elements: the general and the special part. The system of social security law in this case is not an exception. However, the internal structure of each represented part is of considerable interest in the process of studying the social sector. Thus, the following elements are included in the general and special part, namely:

1. The general part shows what the law of social regulation in general is. These include the norms regulating social human rights, the principles of this branch, the competence of authorities in the process of providing people with social benefits, etc. It should be noted that the method of social security law, or rather, the existing set of methods, is fixed precisely in the general part.

2. The special part consists to a greater extent of specific legal institutions. They regulate the provision of various types of social security. Institutes are united in special groups for more effective and operative influence on concrete public relations. To date, the system of this industry is one of the best in terms of implementing legal norms and representing the state's interest in certain issues of social policy.

Given all of the above features, it can be concluded that the social security system is designed in such a way that the population as fully and quickly as possible receives all the necessary benefits.

Methods of the legal branch - general concepts

The method of social security law is a set of methods and methods of real regulation of the legal branch of relations that enter into its subject matter. In this case, the subject is an extremely important condition for the existence of a methodological basis in general. After all, if there is no specific relationship that needs to be regulated, then why the mechanism of this regulation in general? Therefore, in the theory of social law, for a long time, there were no ways to influence relations, which, in turn, were not fully developed. But, in process of development of branch institutes, the mechanism of influence, but also concept of a methodological base was developed. Thus, the method of social security law is a specific group of specific methods that regulate relations in the sphere of social security for the entire population of the Russian Federation and specific citizens. It is worth noting the fact that the methodological base in general covers both generally accepted methods of regulation, and specific ones that exist exclusively in this industry. In addition, the social security system plays a significant role. Thanks to it the institute of methods exists and is susceptible to theoretical comprehension.

Typical features of methods of legal regulation

As in other legal branches, social security uses commonly accepted methods, namely: dispositive and imperative. But the peculiarity is that they acquire their own specifics when used in social security law. However, the feature is not unique. Thus, the method of social security law is characterized by the following features, namely:

1. As a rule, when regulating specific social relations, a combination of imperative and dispositive methods occurs. This means that the institution, which is called the "Methods of Social Security Law", in practice does not work solely in the form of the imperious command of the state. Such a regulation principle was developed due to the peculiarities of the parties, the nature of legal relations and legal measures to influence violators of the legal regime.

2. In the process of direct influence, a combination of centralized regulation and local is used. This means that social benefits are provided to the subjects not only from the state, but also from other bodies, for example, municipal ones, which are in charge of the subjects of the Federation. Contractual regulation of relations in the sphere of social security is not allowed. Because this industry is subject to the minimum standards that are established in the state. Therefore, even compulsory insurance of citizens is carried out within the legislation of the Russian Federation and is regulated by it.

3. The methods of regulation depend on the legal facts that give rise to relations in the field of social security. In addition, the importance of sanctions is applied to violators of the legal regime. As for the first category, it directly depends on the behavior and activities of people. But with sanctions, things are more interesting. The bottom line is that the institution of responsibility in the law of social security, in fact, is not fully developed. Therefore, as practice shows, citizens most often avoid any responsibility for violating any norms of the social security industry.

4. Methods of social security law in practice regulate relations in the mode of autonomy of subjects from each other. As we know, the main parties of the industry are the state and society. Each of them is endowed with a spectrum of their rights and duties, and they are not subject to each other in any way.

5. As mentioned earlier, subjects of social security law are not subject to each other. Therefore, the authorities can not make decisions at their discretion, which will somehow relate to the process of vital activity of ordinary citizens.

6. There are several ways to protect, which uses the methods of social security law. Judicial practice testifies to the existence of a judicial method, which is used if the administrative procedure has not brought the proper result. As we understand, the subjects of the industry appeal to the court in the event that in the order of consideration of their complaints by the higher bodies there were no changes.

Separate types of methods

So, in the article, we considered the key features of the methodological basis of social security. Regarding specific types of regulation, the social security process uses basic and additional methods. The main ones include bans and permits. With their help, the largest groups of public relations of this legal branch are coordinated. Additional methods are encouragement, confirmation, restriction, etc. As we can see, all the presented types are borrowed from the general theory of legal regulation. Their specificity is exclusively in the subject matter of social security law.

Subject of the industry

The method of social security law as a part of the right directly depends on its subject, that is, those legal relations directly subject to the legal regulations. In turn, the subject can be called a set of relationships of a material and procedural nature that arise in connection with the distribution within the society of specific benefits. Relationships, as a rule, correlate among themselves in separate groups, for example:

1. The relationship of collateral in the form of providing cash.

2. Relations in the form of providing services to the public, of a social nature, for example, medical care.

3. Relations of a procedural nature, which are directly related to the receipt by citizens of certain benefits.

Normative sources of the social security industry

There are many sources that actually regulate the methods of social security law. From practice we know that in the Russian Federation there is a whole system of normative acts, thanks to which the industry "lives". Thus, the regulatory framework of the industry consists of the following elements:

1. The Constitution of the Russian Federation.

2. Federal Legislation (Federal Law "On the Basics of Compulsory Social Insurance", "On State Pensions", etc.).

3. Decrees of the President of the Russian Federation.

4. International legal instruments ratified in Russia.

Taking into account the normative basis, the method of social security law can be called a collective way of regulating relations, which is created from the provisions of the submitted normative acts and international agreements.

Correlation of the right of social security with other branches

There are a number of industries with which the social security law relates and interacts. This proves the unity and centralization of the entire legal system of the Russian Federation. Thus, today the right to social security is most closely related to labor and civil law. Value exists because of the actual similarity of these industries.

Conclusion

So, in the article we considered the method of social security law and its individual characteristics. In conclusion, it should be noted that some provisions of the industry still need considerable theoretical elaboration, so that in practice they can be used without any difficulties.