3 types of social security. Social Security. Types and forms of social security

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

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

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

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

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

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

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

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

State (mandatory) social insurance

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

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

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

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

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

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

Social security through direct appropriations from the federal budget

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

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

Social help

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

Only low-income individuals and families should be recognized as subjects of social assistance, and the level of individual or average per capita income of a family should be recognized as the basis for the provision of social payments or services. If it is below the subsistence level, then the family (a citizen living alone) is considered poor and has the right to receive state social assistance. Thus, the right to social assistance is not conditional on participation in labor activity or payment of insurance premiums.

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

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

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

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

The types of social assistance are:

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

Great difficulty in distinguishing between forms of social security causes the possibility of receiving the same types of payments from various sources. For example, for the financing of one-time benefits at the birth of a child for persons working under an employment contract, the funds of the social insurance fund are used, and for those who are not working, the funds of local budgets are used.

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

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

The type of social security is a way of providing financial assistance or a way in which the state assists a citizen in meeting a particular need..

It is customary to talk about types of social security, how pensions, benefits of various types, benefits, social services and benefits in kind.

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

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

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

Thus, a pension is a state payment made from a pension fund with the aim of providing material support for 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 regulatory legal acts - the law of the Russian Federation of February 12, 1993 No. bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families. Pensions are sometimes accompanied by another type of provision - social services, i.e. provision at the expense of society for free of a number of services. The goal is to provide additional assistance to those in need in the form of household activities. Social services, as a type of social security, include services for sanatorium treatment, maintenance in boarding schools, labor rehabilitation and employment of the disabled, some health services, education services, and maintenance of children in preschool and out-of-school institutions.

The next type of social security, which is widespread, are allowances are a number of types of social security that differ in purposes, sources of payments, subjects.

First view of this group are the so-called work benefits, which 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. The presence of labor relations between the subject of the provision of benefits and the insured, in the role of which the enterprise or other similar object acts, is mandatory. The purpose of work benefits is full or partial compensation of lost earnings, with which their amount is commensurate, i.e. during the period of incapacity for work, a person, without performing any actions in favor of the enterprise, receives from him a monetary allowance.

Employment benefits include, for example, maternity benefits.

The second group - social benefits. They differ from the first group in that they are not related to labor activity. These allowances are characterized by the absence of socially useful activity of the recipient or its presence in amounts that do not give the right to other types of support. 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 relieved of their duties to work (disabled people of the 1st group, disabled people of the 1st and 2nd groups), these benefits are equated to the minimum labor pension. For other persons, their size is such as to ensure the satisfaction of only an insignificant range of vital needs. Social benefits are an expression of society's concern for people who, for one reason or another, are left without a livelihood. Their establishment should be regarded as a manifestation of the humanism of society. The source of payment of these benefits is the state budget. In this way, social benefits are monthly cash payments from special state funds in cases prescribed by law to disabled persons who do not work and are not entitled to labor pensions and other types of cash security (except family benefits).

These include social pensions. The classification of social benefits as pensions in the legislation is caused by the established global legal practice.

Third group - family allowances. The subject of their receipt is the family. The main social purpose of family benefits is the provision of state financial assistance to families incurring additional expenses 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 on the basis of the amount of the minimum wage established by the current legislation.

These include pensions for disabled children, allowances for the care of young children, for 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 the society takes on part of the necessary cash expenditures.. This type of security is widely used. This includes partial payment for medicines and utilities, payment of a partial cost of vouchers for children to relax in sanatoriums and camps, keeping children in children's preschool institutions etc.

Another type of collateral is in-kind collateral, i.e. transfer to certain categories of citizens in the ownership or use of material values. We are talking about the free provision of prosthetic and orthopedic products, means of transportation, medicines for certain groups of disabled people, the provision of housing at the expense of the state housing stock.

The distribution of these types of social protection should be in broad compliance with the regulatory legal acts adopted both at the level of the Russian Federation and at the level of subjects of the federation.

The social situation in the Russian Federation

Modern government policy related to the transition to a market economy and a new state structure, is carried out in extremely complex and extremely contradictory conditions of multiformity and ideological diversity. Inflation, the growth of the money supply in circulation, low economic and political culture, the disruption of industrial and economic ties, and a noticeable decline in the volume of output have led to a sharp decline in real incomes, the level and quality of life of more than two-thirds of the population of Russia. This process has had a particularly noticeable impact on the vulnerable segments of the population - the disabled, the unemployed, people with disabilities, families with dependents and children. This category includes researchers, teachers, doctors and other sectors of society - people engaged in mental work, whose wages are closer to the poverty line than enough for a decent living.

An integral part of the program of transition to market relations is the social orientation of all economic innovations. The federal authorities are taking measures to develop a system of social protection of the population, designed to some extent mitigate the inevitable negative consequences of the new economic course. Promotion to the market is impossible without the creation of a reliable system of social protection of the population. That is why the problem of social protection of various groups of the population becomes extremely relevant and important. That is, a mechanism should be created to protect the population from such social risk factors as unemployment and inflation.

Social protection is that regulatory system for stabilizing society, which is aimed at eliminating or minimizing social contradictions that arise in the legal and economic status of certain groups of the population. It follows from this that the function of social protection is to support the most vulnerable groups of the population in the face of aggravated economic and political relations. The purpose of its creation in society measures of social policy of protective mechanisms for socially vulnerable groups. The success of social protection contributes to the extinction of contradictions, the restoration of a relative balance in the legal status of all groups that make up society. Unsuccessful social protection leads to the further spread of social tension with negative manifestations, the strength of which is directly proportional to the mass character of the groups included in the conflict situation.

Social protection is a set of legislatively fixed economic, legal and social guarantees of citizens, ensuring the observance of the most important social rights and the achievement of a socially acceptable standard of living. It includes:

Providing state social guarantees to all categories of citizens, i.e. minimum wages and social benefits, living wage and indexation of personal income;

Organization of social assistance to the poor and vulnerable groups of the population.

The new system of social protection should be formed on the following basic principles:

1. A differentiated approach to various strata and groups of the population, depending on their social status, age, ability to work and the degree of economic independence, targeting and purposefulness.

For the disabled - the elderly, children, the disabled, the emphasis should be on maintaining decent level life of this category, providing access to the consumption of the most important material and socio-cultural benefits, the creation of reliable guarantees, the amount of individual income.

2. The mechanism of social protection should be formed not on the basis of state charity, but as a set of legislatively fixed economic, legal and social guarantees. The system should not be like an ambulance.

3. The system of social protection must operate at all levels: federal, republican, regional, local, even at the level of an enterprise or organization.

4. I would like to note a few more important principles:

Humanity and mercy, the readiness of society to come to the aid of any of its members who find themselves in an extreme situation;

Guaranteed assistance to all disabled and really needy citizens when they apply to the social protection authorities by bringing their income level to the established subsistence level budget;

Complexity - providing, if necessary, several types of assistance at the same time;

Dynamism - prompt revision of social standards for social payments in connection with inflation and an increase in the subsistence level budget;

Independence of executive authorities at all levels, enterprises and organizations to implement their social programs.

The system of social protection of the population exists in unity and complexity with the system of social guarantees. Social guarantees of the state are the basis, the basis for the implementation of the system of social protection of the population.

Questions for self-control

1. Name the international acts on the human right to social security.

2. Describe the legal acts regulating social protection of the population.

3. Specify the main forms of social security.

4. Give a detailed description of the principles of social security law.

5. Give a general description of legal relations in the field of social security.

6. Define the concept of "social protection". Describe the principles of the social protection system.

7. Describe the main types of social security.

8. Indicate the goals and types of state social assistance.

9. Explain what a pension is, what types of pensions exist and what are the conditions for their appointment.

10. Describe state guarantees for citizens in the event of disputes related to social security.

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INTRODUCTION

Social security is a form of expression of the social policy of the state, aimed at providing material support for a certain category of citizens from the state budget and special extra-budgetary funds in the event of the occurrence 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 other members 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 acquire the source of their livelihood by their own efforts. These people are primarily children and the elderly. In addition, every person who has lost the ability to work temporarily or permanently due to a health disorder can join the ranks of the disabled.

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

aim 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) To characterize 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 Signs of social security

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

Following the main trends in the development of social security systems in various countries, the essential features of social security at the present stage include:

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

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

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

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

1.2 The concept of social security

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

However, a clear definition of this phenomenon has not yet been developed.

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

Social security is one of the ways to distribute part of the gross domestic product by providing citizens with material benefits in order to equalize their personal income in cases of social risks occurring at the expense of targeted financial sources in the amount and on conditions strictly regulated by society, the state, to maintain their full social status.

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

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

The essence of social insurance lies in the distribution of the social risk of loss or reduction of 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 insured the provision of material benefits (pensions, benefits, other services) on the principle of comparing them with the amounts paid to insurance funds.

Recently, such a term as social protection of the population has become increasingly popular both at the international level and within the country.

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, gives 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 (for 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 of Russia into a system of social protection of the population, since the state constantly demonstrates its economic failure 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 entity with a complex structure. The phenomenon of such a complex system formation lies in the fact that each of the elements of the system, in turn, represents a relatively separate system consisting of elements of a lower level, which also form a system with 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 system of social security.

The state system of social security is legislatively fixed 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, first of all, a legal entity that has a multi-level character. At the highest level, it consists of legislatively fixed systems: a) social security financing; b) management; c) material support and social services for the population.

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

Thus, in financial law, subsystems for financing social security expenditures can be distinguished through: centralized off-budget credit and financial systems (Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, 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 subjects of the Russian Federation; at the expense of local budgets and funds of organizations; at the expense of funds of 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: pensions; providing citizens with benefits and compensations, medical care and treatment, social services, benefits.

The significance 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 the occurrence of social risks specified in the laws. The implementation of the economic function is concretely embodied in the redistribution of the gross domestic product through the accumulation of financial resources in targeted sources (in extra-budgetary social insurance funds, in the federal budget, in the budgets of the constituent entities of the Federation, social support funds for 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 labor 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 put into practice, this influence will increase, as the stimulating value of social security to increase labor productivity and professional skills of workers will increase. Social security also contributes to the timely withdrawal from social production of the aging labor force and persons who have lost the ability to work.

3) The social (social rehabilitation) function of social security contributes to maintaining 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 standard of living and, prevention of impoverishment.

With the help of the social function, the rehabilitation direction of social security is also carried out, the purpose of which is to restore (in whole or in part) the full-fledged life of a person, allowing 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 by means specific to social security. The Constitution of the Russian Federation (Article 7) enshrines the provision that Russia is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In the Russian Federation, labor and health of people are protected, state support is provided for the family, motherhood, fatherhood and childhood, the disabled and the elderly, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established. The state of social peace in society depends on how effectively social security performs its political function. Social tension in society at the present stage indicates that the state of Russian system social security 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, reproduction of the population, stimulation of the birth rate, etc. Thus, it is extremely low level pension provision, which led to a sharp reduction in the consumption of pensioners, has led to high mortality among the elderly. Absence effective system social assistance to families with children will certainly lead to a significant decrease in the birth rate in the country, etc.

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

2. ORGANIZATIONAL AND LEGAL FORMS, TYPES OF SOCIAL SECURITY AT THE PRESENT 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 loss of earnings, a decrease in income 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.

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

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

These funds include:

RF Social Insurance Fund;

Pension Fund of the Russian Federation;

Federal Compulsory Medical Insurance Fund.

Another organizational and legal form of social security is the direct appropriation (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 service. The Moscow Government is implementing a social policy aimed at improving the lives of Muscovites of all social strata and categories. The actions of the Moscow Government are aimed primarily at protecting the elderly, the disabled, families with children and other low-income categories of the population. Thus, according to the Decree of the Government of Moscow dated January 16, 2001 No. 31-PP, a comprehensive program of social protection measures for Moscow residents for 2001 was approved, according to which it was envisaged:

monthly compensation payments to former disabled servicemen, parents of servicemen who died in peacetime;

increase in the size of subsidies to needy students;

over pension supplements social norm and other payments.

2. Non-state pension funds. They operate on the basis of Federal Law No. 75-FZ of 07.05.1998 “On Non-State Pension Funds”. This is a special organizational and legal form non-profit organization social security, the exclusive 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 activities of the fund for non-state pension provision of the population include the accumulation of pension contributions, the placement of pension reserves, the accounting of the fund's pension obligations and the payment of non-state pensions to 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 11.08.1995 No. 135-F3 "On Charitable Activities and Charitable Organizations", the Law of the City of Moscow of 05.07.1995 No. 11--46 "On Charitable Activities".

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

4. Benefits and compensations provided to employees by enterprises, institutions, organizations at the expense of profit. An example of such social security is the provision of additional 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.);

social services for the elderly and disabled;

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

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

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

Pensions are the most significant type of provision 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 designed bodies and is made from a certain pension fund. The subject of this type of provision is a person recognized as disabled due to reaching a certain age, recognized as disabled by medical criteria (disability), or due to the performance of any social functions (care for a disabled person of the 1st group, a child with disabilities, the elderly etc.).

Thus, a pension is a state payment made from a pension fund in order to provide material support for 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 regulatory legal acts - the law "On pensions for military personnel", "On state pensions in the RSFSR", etc. Pensions are sometimes accompanied by another type of provision - social services, i.e. provision at the expense of society for free of a number of services. The goal is to provide additional assistance to those in need in the form of household actions. Social services, as a type of social security, include services for sanatorium treatment, maintenance in boarding schools, labor rehabilitation and employment of the disabled, some health services, education services, and maintenance of children in preschool and out-of-school institutions.

The next type of social security, which is widespread, are benefits - this is a number of types of social security that differ in purposes, sources of payments, and subjects.

The first type of this group is 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. The presence of labor relations between the subject of the provision of benefits and the insured, in the role of which the enterprise or other similar object acts, is mandatory. The purpose of labor benefits is the full or partial compensation of lost earnings, with which their amount is commensurate, i.e. during the period of incapacity for work, a person, without performing any actions in favor of the enterprise, receives money from him.

Employment 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 labor activity. These allowances are characterized by the absence of socially useful activity of the recipient or its presence in amounts that do not give the right to other types of support. 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 (disabled people of the 1st group, disabled people of the 1st and 2nd groups), these benefits are equated to the minimum labor pension. For other persons, their size is such as to ensure the satisfaction of only an insignificant circle of vitally necessary needs. Social benefits are an expression of society's concern for people who, for one reason or another, are left without a livelihood. Their establishment should be regarded 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 other types of cash security (except for family benefits).

These include social pensions. The classification of social benefits as pensions in the legislation is caused by the established global legal practice.

The third group is family benefits. The subjects of their receipt are families. The main social purpose of family benefits is the provision of state material assistance to families incurring additional expenses 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 on the basis of the amount of the minimum wage established by the 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 the society takes on part of the necessary cash expenditures. This type of security is widely used. This includes partial payment for medicines and utilities, payment of a partial cost of vouchers for children to relax in sanatoriums and camps, keeping children in preschool institutions, etc.

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

3. PROBLEMS OF SOCIAL SECURITY IN MODERN RUSSIA AND THE WAYS TO SOLUTION THEM

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 the social sphere, the living conditions of the entire population. This caused an 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 the clarification of the very concept of its social orientation. Social orientation involves the choice of public priorities, targeted stimulation of certain areas and areas of activity, the implementation of environmental programs.

One of the most complex philosophical and moral issues 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 issues 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, structural adjustments are not taking place, and the purchasing power of enterprises and the population is declining. Retail turnover, including services, is more than twice 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 sectors, 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 GNP. This testifies to the underconsumption of goods and services, which means the impossibility of a normal reproduction of the labor force. Under-consumption in no way means that free resources are directed to the investment sphere. On the contrary, the discrepancy between savings potential and real savings 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 of the economy is reflected primarily in the structure of activity, employment, etc.;

That underconsumption affects life expectancy and the health of the population. There is also concern that, on average, in Russia, the growth of 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 wage arrears remains acute. The increase in the average wage of workers is much less than the official increase in the minimum wage. The standard of living of various groups of the population did not change in accordance with labor contribution, but depending on the degree of approach to the upper rungs in the hierarchy of power. There is a substitution in the public consciousness of the system of values: conscientious, creative work becomes 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 paradoxical nature of the current situation is also manifested in the fact that one's own potential (knowledge, abilities, skills and experience) at the place of the main job 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 according to income, but also to employment problems. Employment is not only a problem of labor relations or social development of business entities, it is, first of all, a complex problem, the solution of which depends on the general economic situation, budgetary and credit policy states 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 across the state as a whole; providing financial and credit assistance to the regions. This is one of the most important tasks of the federal government, which has not yet been fulfilled.

Correcting the situation requires a number of measures.

First, federal social policy should be formed on the basis of socio-economic expediency, and not political ambitions. The problems of federalism should not become the center of the intertwining of politics and economics. Today, when distributing federal taxes and subsidies, some regions bear the brunt of providing for the federation's budget, while others have become the main "consumers" of this budget.

Secondly, a successful solution of the social problems facing society is possible only with a clear delineation of 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 management.

Thirdly, the task of managing social development is to specify the general targets, taking into account the existing system of public administration, local self-government, as well as socio-economic conditions and restrictions of a different nature.

Currently, in the context of economic, structural, social (partly psychological) environmental crisis, these tasks can be grouped as follows:

An active policy to improve the standard of living, social support for the population, create conditions for the realization of its opportunities to independently ensure their 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 socio-cultural sphere in order to expand the opportunities for the population to receive relevant services, improve the quality of service, ensure accessibility for each minimum set of free education, health services, etc.

CONCLUSION

Based on the studied materials, we can talk about the versatility of the approach to the very concept of social security. Lawyers and jurists believe that the purpose of social security is to protect the right to life. Politicians often use welfare 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 the narrow sense means that the state, which has the goal of social policy to ensure a minimum standard of living for society, guarantees each individual 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, in order for a person to live like a human being, 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: the disabled are provided with social assistance; able-bodied persons are provided with the possibility of social insurance; those in need of social support are provided with support 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 carry out "vertical income redistribution". Another structural direction 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 organizational and legal ways of its implementation. It is customary to refer to the specific features of the forms of social security: 1) the method of accumulation of funds in financial sources, at the expense of which social security is provided; 2) the range of subjects provided at the expense of a certain financial source; 3) types of security at the expense of this source of a specific circle of subjects; 4) the system of bodies providing social security.

Forms of social security are constantly transforming. The significance of the organizational and legal methods of implementing social security lies in the fact that they allow the state and society to most rationally distribute the total gross product through the social security system, basing such 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 divided 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 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, if they are fairly and rationally solved, 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 of a long-term nature.

As a result, the role of social security bodies is growing, 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 timely inform the authorities about the existing and predicted needs of citizens, as well as make suggestions to meet them.

The improvement of social assistance and the system of serving those in need, the development and expansion of self-help are not only not mutually exclusive, but from a psychological and moral-ethical point of view and from a position of self-affirmation, it is more effective and progressive than simple dependence on the social security system.

In addition, social services are obliged to assist in the acquisition of skills, build their life cycle in a new way, taking into account the changing resource base and socio-economic conditions. Best conditions for the functioning of the new system is the expansion of local government, as well as social activities for local and municipal social programs.

LIST OF USED SOURCES

1. The Constitution of the Russian Federation. Adopted by popular vote on December 12, 1993. M.: Legal literature, 1993. 62 p.

2. Federal Law "On the Fundamentals 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 Fundamentals 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., Kondratieva Z.A., Kobzeva S.I. Social Security Law: Textbook. M., 2002.

7. Valeev R.F. Social security law: Educational and methodical 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: Textbook M., 2001.

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

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

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COURSE WORK

Topic: The concept and types of social security

Introduction

Relevance of the topic. The most important institution of the political system of society, on the normal functioning of which its self-preservation and adaptation to a decisive extent depends, is the state. The state is an institution that organizes the joint life of the population in a certain territory by political, administrative and other methods, ensuring proper social order there by creating and maintaining the relevant norms and rules of human society. It concentrates the highest powers and has the ability to manage and purposefully regulate social relations.

Historically, the state has certain functions, one of the most important of which is social. Social policy is a complex characteristic of public administration, which includes doctrinal, regulatory, organizational, instrumental, procedural components, with the help of which the state implements its social function. At the present stage, the state, performing this function, corrects the negative social consequences of market mechanisms, as well as reforms associated with Russia's transition to a market economy, and solves the problem of improving the quality of life of its citizens. Therefore, fundamentally important areas of social policy in modern Russia become, firstly, support for socially vulnerable groups of the population, and secondly, investment in raising the living standards of the population.

According to Art. 28 of the Universal Declaration of Human Rights (hereinafter referred to as the Declaration) The Universal Declaration of Human Rights [adopted by the UN General Assembly on 12/10/1948] // Rossiyskaya Gazeta dated 5 April. 1995. N 67. Everyone has the right to a social order in which the rights and freedoms set forth in the Declaration can be fully implemented. The social human rights proclaimed by the Declaration are reflected in Art. 39 of the Constitution of the Russian Federation The Constitution of the Russian Federation [adopted by popular vote on December 12, 1993] (subject to amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, dated 07.21.2014 N 11-FKZ) // Collected Legislation of the Russian Federation. 2014. N 31. Art. 4398., according to which everyone is guaranteed social security in case of illness, social benefits are established by law, and voluntary social insurance is encouraged.

In modern society, the intensity and variety of risks that entail the need for social protection are increasingly increasing. The Russian Federation, recognizing itself as a social state, creates conditions that provide support for the family, motherhood, fatherhood and childhood, the disabled and the elderly, develops a system of social services, establishes state pensions, benefits and other guarantees of social protection.

At the moment, the state is forming the financial base and various organizational structures that allow the realization of this right to social security. The state social security system involves the following subsystems: compulsory social insurance, social security through direct appropriations from the federal budget, state social assistance.

The main forms of social security are: pensions, allowances, compensation payments and social services. There are also other forms of social security, both state (budgetary and non-budgetary) and international.

It should be noted that social security can be divided into two groups: types of social security provided in monetary terms (cash) and types of social security provided in kind (kind).

Many types of social security, such as social services, basic types of medical care and treatment, the establishment and provision of various types of benefits and benefits, are organized directly by the regional authorities. Even such a type of social security as pension, which was previously exclusively under the jurisdiction of the Russian Federation, is currently implemented for certain categories of citizens at the regional and municipal levels on the basis of the legislation of the regions (state civil servants of the constituent entities of the Russian Federation, municipal employees, heads of the constituent entities of the Russian Federation, etc.). .). In order to more effectively legally regulate relations in the field of social security, individual subjects of the Russian Federation have adopted codified regulatory legal acts: the Social Code of St. Petersburg; Social code of the Yaroslavl region; Code of the Omsk region on the social protection of certain categories of citizens.

At present, the norms of social security law affect the interests of almost all segments of the population and sometimes cover those areas that were previously outside the scope of legal regulation.

The object of the study is social relations that develop in the process of social security.

The subject of the study is the norms of law that regulate social relations that develop in the process of implementing social security.

The purpose of this work is to analyze the concept and types of social security.

To achieve this goal, it is necessary to solve the following tasks:

Consider the theoretical provisions of social security;

Identify types of social security;

Give an analysis of certain types of social security, more common in the social sphere;

Explore the problems associated with the imperfection of the legal regulation of the topic under study;

Analyze the materials of judicial practice on the topic under study.

Research methods: analysis, synthesis, comparative legal, formal legal.

The normative basis of the study was: the Constitution of the Russian Federation, the Federal Law "On labor pensions in the Russian Federation", the Federal Law "On compulsory social insurance in case of temporary disability and in connection with motherhood", the Federal Law "On insurance pensions", etc.

The theoretical basis of the study was the works of such authors as: A.E. Efremov, M.L. Zakharova, A.A. Panova, N.L. Smirnova, K.G. Shuiskaya and others.

labor pension allowance poor

Chapter 1. SOCIAL SECURITY: THEORETICAL PROVISIONS

1.1 The concept of social security

The term "social security" arose during the formation of the new Soviet state and reflected the features of social support for working citizens Machulskaya E.E. Social security law / E.E. Machulskaya. - M., 2014. S. 144. ). The concept of "social security" became more widespread after the adoption in 1948 by the UN of the Universal Declaration of Human Rights.

According to Art. 22 of the Declaration, recognized by most countries of the world, including the USSR, every person as a member of society has the right to social security. The concept of social security and its content is studied by many social and humanitarian sciences: philosophy, sociology, political science, economics, jurisprudence, including branch legal disciplines.

Currently, there are several possible approaches to understanding social security, depending on the characteristics of its study. Social security can be considered:

First, as a special form of distributive relations emerging in society;

Secondly, as one of the functions of the state in providing and servicing the disabled part of the population;

Thirdly, as a legal category that reflects the subjective right of citizens to receive assistance from the state, individual individuals or legal entities;

Fourthly, as a state system of material support for citizens in case of disability, loss of a breadwinner, old age and in other cases;

Fifthly, as a set of organizational, legal, economic and other measures for the social protection of citizens in cases provided for by law;

Sixth, as a branch of law; etc.

The modern legal concept of social security is based on the works of V.S. Andreev, the founder of social security law as an independent branch of law in our country. The scientist pointed out that social security is “a set of certain socio-economic activities related to the provision of citizens in old age and incapacity for work, with care for mothers and children, with medical care and treatment as the most important means of recovery, prevention and rehabilitation” Andreev V.S. Social security law in the USSR: textbook. M., 2011. S. 10.

At present, there is no normative definition of the concept of "social security" in Russian legislation. However, there are many scientific points of view that characterize social security through its various features and content.

So, M.O. Buyanova defines social security as a form of expression of the social policy of the state, aimed at providing material support for certain categories of citizens from the state budget and special off-budget state funds in the event of the occurrence of events recognized by the state at this stage of its development as socially significant, in order to equalize the social position of these citizens according to compared with other members of the society Buyanova M.O., Gusov K.N. The right of social security in Russia: textbook / otv. ed. K.N. Gusov. 7th ed. M. : Prospekt, 2012. S. 11 ..

M.L. Zakharov and E.G. Tuchkova indicate that the concept of "social security" denotes one of the possible ways of distributing a part of GDP by providing citizens with material benefits in order to equalize their personal income in cases of social risks occurring at the expense of targeted financial sources in the amount and on conditions strictly regulated by society, the state , to maintain their full social status Zakharov M.L., Tuchkova E.G. The right of social security of Russia. M. : Volters Kluver, 2014. S. 32 ..

V.Sh. Shaikhatdinov defines social security as a system of public relations that develop between citizens and state bodies, local governments, organizations regarding the provision of medical assistance, pensions, benefits and other types of security to citizens from special funds in the event of social risks that entail loss or decrease in income. , increased costs, low income, poverty, in order to prevent, mitigate or eliminate the adverse effects of these risks Shaykhatdinov V.Sh. Actual legal problems of the development of the social security system in the Russian Federation // The mind of power grows with science. Yekaterinburg: Publishing House URAGS, 2011. S. 206-207..

Based on the above definitions, the social security system of modern Russia should include all types of pensions, benefits, compensation payments, social services, medical care and treatment, as well as measures of social support for certain categories of citizens. The concept of social security does not include the right to free education and housing, social guarantees in the educational sphere and many other issues that are not based on events, i.e. necessary factors to which social security is associated.

Thus, at present, social security can be understood as a set of organizational, legal, economic and other measures provided by the state, aimed at observing and exercising the socio-economic rights of citizens in the event of the occurrence of events recognized by the state at this stage of its development as socially significant, with the goal of achieving a standard of living that guarantees the satisfaction of all basic human needs and the social stability of society.

1.2 Features and functions of social security

The above definitions contain those formulated by M.L. Zakharov and E.G. Tuchkova essential features of social security, which include:

1. The state character of the organizational and legal methods of distribution of the total social product established in society through the social security system, i.e. from the state budget and special off-budget funds formed by the state (pension, social and medical insurance).

2. Legislative consolidation of the list of social risks recognized by the state as grounds for the provision of certain types of social security. In this case, the right to social security is established for a certain group of citizens only upon the occurrence of circumstances specified in the law, which are mainly events: reaching a certain age, temporary incapacity for work, disability, death, birth, income below the minimum wage, etc.

3. Fixing in the norms of law or in agreements sanctioned by the state, the circle of persons to be provided, which include various categories of citizens established by law (incapacitated, survivors, children, families with children, refugees, forced migrants, persons affected by natural disasters). and technogenic, the unemployed, victims of political repression, veterans, etc.).

4. Rationing by the state of the social security standard, below which the latter cannot be, by legislatively fixing the types of security, their level and conditions of provision. Many types of social security and the possibilities of their integrated application, minimum standards of social services, as well as other socially significant minimum standards (subsistence minimum, minimum wage, minimum pension, minimum allowances and other social payments) are established. Zakharov M.L. ., Tuchkova E.G. The right of social security of Russia. M. : Volters Kluver, 2014. S. 35-37 ..

The role and place of social security in the life of society is determined by what functions it performs and what social problems Machulskaya E.E. allows to solve. Social security law / E.E. Machulskaya. - M., 2014. S. 145 .. Based on this, the functions of social security can be understood as the main or individual areas of activity of social institutions (state, army, family, school, etc.) and social systems (political, economic, cultural etc.), with the help of which it is planned to achieve the main goals of social security. It can be seen from the above definition that the understanding of a function as an element that characterizes social security is possible through its purpose. In particular, two main groups of functions in the field of social security can be distinguished: legal and social Social security law: textbook / M.O. Bukhanova [and others]; resp. ed. K.N. Gusov. 7th ed., revised. and additional M. : Prospekt, 2015. S. 122 ..

Legal (special legal) functions provide legal regulation of social relations in the field of social security and include two components:

Regulatory (contributes to the development of the most valuable social ties for society and the state, regulates social relations); this function of law can be defined as a direction of legal influence due to social purpose, expressed in the establishment of positive rules of conduct, the granting of subjective rights and the imposition of legal obligations on subjects of law in order to consolidate and promote the development of relations that are in the interests of society, the state and citizens;

Protective, derived from the regulatory function and designed to ensure it (carried out with the help of legal restrictions - duties, prohibitions, punishments, etc.); this function of law is a direction of legal influence due to social purpose, aimed at protecting socially significant, the most important economic, political, national, personal relations Yakimchuk S.V. Modern forms of social protection of the population // Bulletin Belgorod University cooperation, economics and law. 2014. No. 1. S. 193-194..

Social functions are more diverse and include economic, political, demographic, social rehabilitation, spiritual and moral, protective and other functions.

The economic function is the need to create an effective social insurance system and distribute part of the GDP in order to meet the vital personal needs of the elderly, the sick, the disabled, children, those who have lost their breadwinner, the unemployed, other members of society in need of social assistance, as well as conditions that ensure a decent life and free development of man.

The demographic function is aimed at achieving two main goals: stimulating the growth of the country's population and the duration of a healthy, active life of citizens. The implementation of this function involves a wide range of measures to increase the birth rate, the establishment of additional measures of social support for the family, measures to protect and improve the health of the population. Actively developing private system health care, activities that promote human health, the development of physical culture and sports, environmental and sanitary and epidemiological well-being are stimulated

The social rehabilitation function is carried out with the aim of forming a high social status of the disabled, elderly, disabled and other socially dependent groups of the population recognized by society, which allows these people to feel like full members of a socially oriented society. The implementation of this function involves, first of all, the implementation of a set of measures to create a special infrastructure and conditions that allow citizens in need, including the disabled, to independently serve themselves, move, communicate, study, work, as well as carrying out rehabilitation measures to restore the ability to work and adapt citizens. to the realities of contemporary social life. The spiritual and moral function is aimed at the formation of socially oriented moral convictions, moral norms and spiritual values in a person. It is impossible to create a highly moral society, bypassing the person, his principles, state and quality of inner life. The formation in a person of the need for love for parents, sympathy and empathy for loved ones, respect and mercy for the elderly, the disabled, the sick, compassion for their destinies, love for the highest spiritual and moral principle raises the personality to a higher level, develops the ability to disinterested and even sacrificial service to society and other people Zakharov M.L., Tuchkova E.G. The right of social security of Russia. M. : Volters Kluver, 2014. S. 88 ..

Thus, in a broad sense, social security is one of the main ways of social protection of the population in the event of social risks.

Chapter 2. ANALYSIS OF CERTAIN TYPES OF SOCIAL SECURITY

2.1 Pensions as the main type of social security

Reforming the pension system is an integral part of the reform of the entire Russian economy and concerns everyone, both current and future pensioners. Already today almost 100 million Russians are potential pensioners. In the world, the growth of the share of the elderly population is accelerating sharply, the proportion of which by 2050 will double compared to the current level.

Today we have come to one of the most crucial stages - at the legislative level, from January 1, 2015, Russia began to operate new order formation of pension rights of citizens and the calculation of pensions in the system of compulsory pension insurance.

By virtue of Article 39 of the Constitution of the Russian Federation, everyone is guaranteed social security in old age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law.

State pensions and social benefits are guaranteed by law. It is generally recognized that the principle of respect for human rights and fundamental freedoms is general principle international law.

Within the framework of the Russian pension model, four types of pensions are distinguished: insurance pension, funded pension, state pension provision and non-state pension provision.

Until 2015, the insurance and funded pensions were two parts of the old-age labor pension, now they are separate types of pensions.

Pensions are the main type of social security for disabled citizens.

For effective functioning, the pension system must be based on an effective management mechanism and perfect pension legislation. The level of pension provision determines the standard of living of disabled citizens, pensioners, which imposes a special responsibility of state bodies (including legislative ones) for the decisions made.

The Dictionary of Business Terms defines a pension as a regular cash benefit (usually monthly) that is paid to persons who have reached retirement age (old-age pension), have a disability, or have lost a survivor. Survivor's Pension/Dictionary of Business Terms. Akademik.ru. 2011. S. 44 .. In other words, this payment is made in the manner prescribed by law to certain categories of persons from social funds and other sources intended for these purposes.

At the moment, all pensions that are paid on the territory of the Russian Federation can be divided into two main types, based on the features of legislative regulation and sources of payment:

Mandatory social insurance pensions (paid from the amounts of insurance premiums for compulsory pension insurance accumulated in the pension fund of the Russian Federation);

State pensions (funded by interbudgetary transfers from the federal budget provided to the budget of the Pension Fund of the Russian Federation for the payment of state pensions).

An insurance pension is a monthly cash payment that compensates a citizen for the income that he received during his working life, as well as compensating for the income that was lost by disabled family members of the insured person due to his death. The insurance pension is paid in three cases:

An old-age insurance pension is assigned to insured persons upon reaching retirement age and having the necessary insurance period and the minimum amount of pension coefficients. Until 2015, the insurance old-age pension was called the insurance part of the labor old-age pension.

Disability insurance pension is assigned to disabled people of groups I, II or III in the presence of insurance experience. Until 2015, the disability insurance pension was called the labor disability pension.

An insurance pension in the event of the loss of a breadwinner is assigned to disabled members of the family of the deceased breadwinner who were dependent on him. Until 2015, the survivor's insurance pension was called the survivor's labor pension.

Until 2015, the old-age labor pension consisted of two parts: the insurance part and the funded part. Since January 1, 2015, both parts of the labor pension have been converted into separate types of pensions:

old-age insurance pension;

funded pension.

In 2015, the retirement age has not changed. The right to receive an old-age insurance pension and a funded pension is granted to women upon reaching the age of 55 and men upon reaching the age of 60. However, now the retirement age affects the size of the pension. The later a citizen applies for an insurance pension, the higher it will be. Other equally important conditions for the appointment of an insurance pension are the availability of the necessary insurance period (6 years in 2015) and the amount of pension points (6.6 points in 2015) Shuiskaya K.G. Pensions in a new way: types, some aspects of appointment, insurance period // Paperwork and personnel. 2015. N 2. S. 24 - 25 ..

The calculation of the amount of the old-age labor pension is carried out by simply summing up the calculated monthly payments of the funded pension and the insurance pension.

The minimum level of pension provision for citizens cannot be lower than the subsistence minimum for a pensioner in the region where he lives. If the amount of the insurance pension, together with other payments, is below the subsistence level, then a social supplement is established.

Due to rising prices, all types of pensions paid by the Pension Fund of Russia are annually indexed on February 1 according to the inflation rate for the previous year. In 2015, pensions are indexed by 11.4%. As a result, the average insurance pension will increase by 743 rubles.

Citizens born in 1967 and younger, who form pension savings in the system of mandatory pension insurance, during 2014-2015 must choose the option of pension provision.

Continue to form pension savings and leave 6% of the insurance contribution rate for funded pension,

Abandon further formation of the funded pension, thereby directing all insurance premiums to the formation of the insurance pension Zakharov M.L., Tuchkova E.G. The right of social security of Russia. M. : Volters Kluver, 2014. S. 199 ..

In 2014-2015 pension savings are not formed. All insurance contributions are directed to the formation of an insurance pension and are counted as individual pension coefficients. All previously formed pension savings are still invested by the current insurers under the MPI and will be paid out when the labor pension is awarded.

You need a funded pension:

Pension savings can be managed - you can choose a non-state pension fund or a management company for investing funds.

Pension savings are inherited by the legal successors of the insured person.

Retirement savings are real money in an individual account, as opposed to funds that are directed to the formation of rights to receive an insurance pension.

Each citizen decides independently whether he needs a funded pension or not.

Those who decide to keep contributions to the funded pension at a rate of 6% must independently choose an insurer for compulsory pension insurance (non-state pension fund, state or private management company) and submit a corresponding application to the local branch of the Pension Fund.

Citizens who have never applied for the choice of a management company or the choice of a non-state pension fund are called "silent people".

State pension is a monthly payment, the right to receive which is determined in accordance with the Federal Law "On State Pension Provision in the Russian Federation" Federal Law of December 15, 2001 N 166-ФЗ "On State Pension Provision in the Russian Federation" // "Collection of Legislation of the Russian Federation", 12/17/2001, N 51, art. 4831.. There are 4 types of state pensions.

The state pension for long service is assigned to federal civil servants, military personnel, cosmonauts and flight test personnel.

The state old-age pension is assigned to citizens who have suffered as a result of radiation or man-made disasters.

The state disability pension is assigned to military personnel; citizens affected by radiation or man-made disasters; participants of the Great Patriotic War; citizens awarded with the badge "Inhabitant of besieged Leningrad"; cosmonauts.

State pension on the occasion of the loss of a breadwinner is assigned to disabled members of the families of dead (deceased) servicemen; citizens affected by radiation or man-made disasters, cosmonauts Buyanova M.O., Gusov K.N. The right of social security in Russia: textbook / otv. ed. K.N. Gusov. 7th ed. M. : Prospekt, 2012. S. 177 ..

Social pension is assigned to disabled citizens permanently residing in the Russian Federation.

A funded pension is a monthly lifelong payment of pension savings formed from employers' insurance premiums and income from their investment Afonina E.O. On the issue of protecting the social rights of citizens // Bulletin of the Saratov State Law Academy. 2011. No. 3. P. 116-118.. The funded pension is formed for insured persons born in 1967 and younger, who have already made or by the end of 2015 will make a choice in its favor. Until 2015, the funded pension was called the funded part of the old-age labor pension.

Non-state pension provision (NPO) is also called voluntary pension provision Panov A.A. Key types of social security // Science Time. 2015. No. 1 (13). pp. 360-361. In order to receive an NGO pension, you need to conclude an appropriate agreement with a non-state pension fund and make voluntary contributions during the period specified in the agreement.

2.2 State benefits for citizens with children

Russia has established a system of state benefits for citizens with children, which provides state-guaranteed material support for motherhood, fatherhood and childhood.

We repeat that the main Law regulating benefits for citizens with children is the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits for Citizens with Children”.

Benefits for citizens with children are paid in accordance with the Order of the Ministry of Health and Social Development of the Russian Federation dated December 23, 2009 No. N 1012n "On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children" Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n "On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children" (Registered with the Ministry of Justice of Russia on December 31, 2009). 2009 N 15909) // Russian newspaper. No. 15. 27.01.2010..

Citizens with children are assigned and paid the following types of benefits:

a) maternity benefit;

b) a one-time allowance for women registered in medical institutions in early dates pregnancy;

c) a one-time allowance for the birth of a child;

d) a one-time allowance for the transfer of a child to be raised in a family;

e) monthly allowance for child care;

f) a one-time allowance for the pregnant wife of a conscripted military serviceman;

g) a monthly allowance for the child of a military serviceman undergoing military service on conscription.

Maternity allowance

According to the changes in 2010, Slobtsov I.A., Kuznetsova O.V. have the right to maternity benefits. Commentary to the Federal Law of May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children" (line by line) // ATP "ConsultantPlus", 2015. P. 14 .:

a) women subject to compulsory social insurance in case of temporary disability and in connection with motherhood, including women from among the civilian personnel of military units of the Russian Federation located on the territories of foreign states, in cases stipulated by international treaties of the Russian Federation;

b) women dismissed in connection with the liquidation of organizations, the termination of activities by individuals as individual entrepreneurs, the termination of powers; notaries engaged in private practice, and the termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, within twelve months preceding the day they were recognized in the established the order of the unemployed;

c) women studying full-time on a paid or free basis in educational institutions of primary vocational, secondary vocational and higher professional education, in institutions of postgraduate professional education;

d) women undergoing military service under a contract, serving as private and commanding personnel in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penitentiary system, in bodies for controlling the circulation of narcotic drugs and psychotropic substances, in customs authorities;

e) women specified in subparagraphs "a" - "d", if they adopt a child (children) under the age of three months.

The duration of payment for benefits depends on the complexity of childbirth, the number of children born, and the size of the average monthly earnings (cash allowance, scholarships).

Based on the Federal Law of May 7, 2013 N 86-FZ “On Amending the Federal Law “On State Benefits to Citizens with Children” Federal Law of May 7, 2013 N 86-FZ “On Amending the Federal Law “On State Benefits citizens with children" on the issue of paying a monthly allowance for child care to mothers dismissed during maternity leave" // Collected Legislation of the Russian Federation. 2013. N 19. Art. 2313. From January 1, 2013, to calculate the maternity benefit, the monthly childcare benefit, the average daily earnings are calculated by dividing the amount of accrued earnings for the two calendar years preceding the year of the corresponding vacation by the number of calendar days in this period ( with a few exceptions). In 2013, the maximum average daily earnings for calculating such benefits is 1335.62 rubles (excluding the regional coefficient).

This type of benefits is determined on the basis of the accepted value of the average daily earnings and the payment period regulated by law. The minimum average daily wage when determining the amount of benefits is taken from the calculation of the established minimum wage, which from January 1, 2015 is 5,965 rubles. (in 2014 - 5,554 rubles, i.e. indexation was 7.4%). The minimum amount of benefits for pregnancy and childbirth has also been indexed by the corresponding amount. For example, at the birth of one child without complications (the statutory sick leave period is 140 days) for an area without an increasing regional coefficient to wages, the minimum amount of maternity benefit in 2015, calculated on the basis of the minimum wage, will be 27,455 rubles. (against 25,564 rubles in 2014).

A one-time allowance for pregnant women upon medical registration for up to 12 weeks. From January 1, 2014, the amount of this lump-sum allowance is 515 rubles. 33 kop. For 2015, the indexation rate was approved at the level of 5.5%, i.e. there will be an increase in benefits to 543 rubles. 67 kop.

One-time allowance at the birth of a child

A one-time allowance for the birth of a child is paid:

a) persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood, as well as persons from among the civilian personnel of military units of the Russian Federation located in the territories of foreign states;

b) persons not subject to compulsory social insurance in case of temporary disability and in connection with motherhood;

c) persons undergoing military service under a contract, serving as private and commanding personnel in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penitentiary system, bodies for controlling the circulation of narcotic drugs and psychotropic substances, customs authorities , as well as persons dismissed in connection with the withdrawal of military units from the territories of states.

Lump-sum allowance when transferring a child to a family for upbringing in the case of transferring two or more children to a family for upbringing, a lump-sum allowance is paid for each child Guseva T.S. Problems of Realizing the Right to Social Security by Families with Children in the Russian Federation // Russian Journal of Law. 2012. N 1. S. 125 - 126..

A one-time allowance at the birth of a child or when he is transferred to a family for upbringing. In 2014, the amount of these lump-sum payments per child was 13,741 rubles. 99 kop. Taking into account the indexation for 2015, the amount of the allowance is 14,497 rubles. 80 kop. (110,775 rubles for the adoption of several children who are brothers and (or) sisters, as well as a disabled child or a child over 7 years old).

Monthly allowance for child care Efremov A.V. On some issues related to the provision of guarantees to persons raising children without a mother, pregnant women, women with children, upon termination of an employment contract // Law in the Armed Forces. 2012. N 9. S. 88 - 92 ..

From January 1, 2013, to calculate the monthly child care allowance, the average daily earnings are calculated by dividing the amount of accrued earnings for the two calendar years preceding the year of the corresponding vacation by the number of calendar days in this period (with some exceptions), but not less than the minimum monthly allowance for the care of children up to 1.5 years for non-working citizens.

In a fixed amount of money, in accordance with the current legislation, the minimum monthly allowance for child care is established, as well as the maximum amount of benefits for certain categories of citizens (dismissed during maternity leave, dismissed during parental leave, as well as mothers -contract women in the ranks of the armed forces of the Russian Federation and equivalent types of services). In 2015, the indexation of basic payments for this benefit was also carried out at the level of 5.5%, which is:

the minimum monthly allowance for the care of the first child is 2,718 rubles. 35 kop. (in 2014 - 2,576 rubles 63 kopecks);

the minimum monthly allowance for the care of the second child and subsequent ones is 5,436 rubles. 67 kop. (in 2014 - 5,153 rubles 24 kopecks);

the maximum monthly allowance for certain categories of citizens (see above) is 10,873 rubles. 36 kop. (in 2014 - 10,306 rubles 50 kopecks).

A one-time allowance for the pregnant wife of a military man who is in military service. Payments are made to the wife of a military conscript with an obstetric gestational age of at least 180 days. In 2014, the allowance was paid in the amount of 21,761 rubles. 88 kopecks, and taking into account the approved indexation by 5.5%, this allowance for 2015 is charged in the amount of 22,958 rubles. 78 kop.

Monthly allowance for the child of a military serviceman who is conscripted for military service. In 2014, this allowance was paid in the amount of 9,326 rubles. 52 kopecks, and for 2015 this payment is 9,839 rubles. 48 kop.

Maternal (family) capital

Federal Law on Additional Measures of State Support for Families with Children Federal Law of December 29, 2006 N 256-FZ "On Additional Measures of State Support for Families with Children" // Rossiyskaya Gazeta. N 297. 2006., was adopted by the State Duma on December 22, 2006 and applies to families in which the second and subsequent child was born or adopted starting from January 1, 2007.

The amount of maternity capital in 2012 was 387,640.30 rubles at the birth (adoption) of the second and subsequent children, starting from 01/01/2007 to 12/31/2016, if the family did not previously use the right to receive a certificate. In 2013, the amount of maternity capital was indexed by 5.5% and amounts to 408,960 rubles. 50 kopecks, in 2014 the increase was 5% and amounted to 429,408 rubles. In paragraph 1 of Art. 8 of the Budget Law for 2015, the amount of maternity (family) capital is set at 453,026 rubles.

The family can use the funds for any of their needs, no checks and restrictions are introduced.

The use of maternity (family) capital in full or in part is possible for the purpose of:

Improvement of living conditions;

Getting an education by a child (children);

mortgage loan payments;

Formation of the funded part of the labor pension for women.

In some cases, men also have the right to maternity (family) capital.

So, if a man is the sole adopter of a second, third child or subsequent children and has not previously exercised the right to additional state support, then he can receive maternity (family) capital, provided that the court decision on adoption entered into force on January 1, 2007 Denisova A. Guarantees and benefits for fathers raising children without a mother // SPS "ConsultantPlus", 2015. P. 22 ..

Thus, it can be said with confidence that benefits to citizens with children are of great socio-economic importance for citizens.

Fundamental changes in the procedure for paying child benefits and their volumes in 2015, except for maternity capital, are not expected for residents of the entire territory of Russia, except for the Crimean Federal District. An optimistic factor is that social programs are not closed, despite the objective difficulties, and social guarantees for Crimeans and Sevastopol residents are being expanded in accordance with the guarantees provided for earlier by Ukrainian legislation.

As part of the 2015 anti-crisis program, holders of a certificate for maternity capital will be allowed a one-time cash withdrawal of maternity capital in the amount of 20,000 rubles.

It is worth noting that citizens who previously partially disposed of their mother's capital will also be able to count on part of the funds. If the balance does not exceed twenty thousand rubles, then this remaining amount will be paid. If the balance is more than this amount, then they will be paid 20 thousand rubles.

It also offers wider opportunities for using maternity capital, in particular, for:

Gasification of housing;

Treatment of children;

Purchase of a family car;

Acquisition of special equipment for disabled children;

Getting an education for the mother;

Issuance of maternity capital in cash Maternity capital 2015 // http://mamkapital.ru/ispolzovanie-materinskogo-kapitala.html..

Thus, within the framework of this chapter, we have analyzed the most common types of social security.

Chapter 3. PRACTICE OF THE RIGHTS OF CITIZENS TO SOCIAL SECURITY

3 .1 Features of the implementation of the right to social security

In Art. 39 of the Constitution of the Russian Federation enshrines the right of every citizen to social security in case of illness, for the upbringing of children and in other cases established by law. These constitutional provisions in relation to employees and employers are developed in a number of federal laws.

So, according to Art. 21 of the Labor Code of the Russian Federation Labor Code of the Russian Federation of December 30, 2001 N 197-FZ // Collection of Legislation of the Russian Federation. 2002. N 1 (part 1). Art. 3. an employee has the right to compulsory social insurance in cases provided for by federal laws, and according to Art. 22 the employer is obliged to carry out social insurance of employees in the manner prescribed by federal laws. However, in the above cases, we are not talking about providing employees with compulsory social insurance, but about compulsory social insurance, which, in accordance with Art. 1 of the Federal Law "On the Fundamentals of Compulsory Social Insurance" is the insurance of working citizens against a possible change in material and (or) social status, including due to circumstances beyond their control. As regards the rights of employees to provide cash benefits for compulsory social insurance and the corresponding obligations of employers, they are enshrined in other norms.

The procedure and terms for the payment of benefits for state social insurance during the period of the specified vacation are determined by federal laws. In a generalized form, the rights of workers to different kinds insurance coverage for compulsory social insurance and the corresponding obligations of employers are defined in a number of articles of the Law on the Fundamentals of Insurance.

The implementation of the rights of workers to types of social security takes place within the framework of procedural, and then substantive legal relations. The procedures for applying for benefits paid by the employer from the compulsory social insurance funds are currently established only in general terms. So, according to Art. 13 of the Federal Law of December 29, 2006 No. 255 "On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance" Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" // Collection of legislation of the Russian Federation. 2007. N 1 (1 hour). Art. 18. The assignment and payment of these benefits are carried out by the employer.

If an employee works for several employers, benefits are assigned and paid to him by each employer. If the employee has lost his ability to work due to illness or injury within 30 calendar days from the date of termination of work under an employment contract, temporary disability benefits are assigned and paid by the employer at his last place of work or by the territorial body of the Social Insurance Fund of the Russian Federation. O. Bukhanova [and others]; resp. ed. K.N. Gusov. 7th ed., revised. and additional Moscow: Prospekt, 2015. S. 201.

To assign and pay benefits for temporary disability, pregnancy and childbirth, the employee provides the employer with a certificate of incapacity for work issued by a medical organization. Federal Law No. 255 does not regulate the procedure for assigning these benefits by employers. Employers install it on their own, guided by the Federal Law No. 255, as well as the relevant by-laws. In addition, regulations on structural divisions and job descriptions serve as guidelines here.

From the regulations on the structural divisions of organizations, it can be concluded that the issues of assigning and paying social insurance benefits are handled by the pension and social insurance bureau of the social development department.

One of the tasks of the department is the organization of guarantees for material and domestic support and social protection of employees.

Among the tasks of the personnel department, the regulation on this department does not include tasks related to providing employees with benefits for temporary disability, pregnancy and childbirth.

However, in sect. 4 of the provision "Relationships (service relations)" states that the personnel department interacts with the chief accounting department on the issues of providing it with sheets of temporary disability for payment. However, the regulation on the main accounting department does not say anything about the appointment and payment of benefits for temporary disability, for pregnancy and childbirth. Separate rules on the procedure for assigning and paying benefits for temporary disability, for pregnancy and childbirth are contained in by-laws at the federal level.

So, in the Regulation on the features of the calculation of benefits for temporary disability, for pregnancy and childbirth for citizens subject to compulsory social insurance, approved by the Decree of the Government of the Russian Federation of June 15, 2007. Decree of the Government of the Russian Federation of June 15, 2007 N 375 "On approval of the Regulation on the features of the procedure for calculating allowances for temporary disability, for pregnancy and childbirth, a monthly allowance for child care for citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood" // Collected Legislation of the Russian Federation. 2007. N 25. Art. 3042., contains the rules for calculating earnings, from which the amounts of benefits are determined, as well as the amounts of benefits, the grounds for reducing the amount of benefits for temporary disability. All these legally significant actions are carried out by the relevant services of the employer, primarily accounting. Directly addressed to the employer are the Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth, which were approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No.

The insurance period is also calculated by the employer's services, mainly personnel (personnel management).

Unfortunately, the rights and obligations of the employer are not mentioned in such an important act as the Procedure for issuing sick leave certificates by medical organizations, approved by order of the Ministry of Health and Social Development of Russia dated August 1, 2007 No.

The actions of the employer in calculating wages and determining the amount of benefits for temporary disability, pregnancy and childbirth can also be judged by the content of the reverse side of the disability certificate, the form of which was approved by the order of the Ministry of Health and Social Development of Russia dated March 16, 2007 "On approval of the form of the disability certificate" .

The foregoing allows us to assert that the appointment and payment of benefits in insurer organizations are carried out on the basis of the habits that have developed in them. This raises the question of the sequence and content of the actions of employees of the relevant departments of the organization for the appointment and payment of benefits. N.L. Smirnova identifies the following stages of the employer's actions in assigning and paying benefits for temporary disability: determining the right to this species allowances; determination of the duration of the benefit payment; making a decision on the appointment or refusal to appoint; payment of allowance Smirnova N.L. Temporary disability benefit as a type of insurance coverage under the social security law of modern Russia: dis. … cand. legal Sciences. Vladivostok, 2012, p. 77.

It seems, however, that this classification does not take into account the stages of law enforcement activity developed in Russian legal science. Therefore, it is more accurate to classify the stages of appointment and payment of benefits for temporary disability: applying for benefits; acceptance of sick leave and other documents; assessment of the information contained in the submitted documents; selection and analysis of the rules of law to be applied; making a decision on the case and its documentation.