All types of social security. Characteristics of social security at the present stage
The Constitution stipulates that the Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. The guarantees ensuring these conditions include: labor protection and human health; security state support family, motherhood, paternity and childhood, disabled people, senior citizens; development of social service systems; establishment of state pensions, benefits and other guarantees social protection(v. 7).
Secondly, guaranteeing a sufficient level of social security in order to maintain consumer demand necessary for the normal functioning of the country’s economy and its development for that part of the population whose main source of livelihood is social payments and services.
Thirdly, the creation of an effective mechanism for the accumulation of financial resources (in the federal budget, in the budgets of the constituent entities of the federation, extra-budgetary social insurance funds, social support funds for the population, etc.) necessary to fulfill the state’s obligations to implement the constitutional right of citizens to social security.
Fourthly, strengthening the conditionality of the scope of powers in the field of social security labor activity person
It has already been said above that one of the main goals of social security systems is to prevent impoverishment of the population. Maintenance social status person in the event of various life circumstances that involve risks of loss or reduction of the source of his livelihood (in case of illness, disability, old age, death of a breadwinner, unemployment, poverty), by providing various types material support, social services, benefits that guarantee decent living conditions - this is a social function. The content of this function is not limited to material support for a person. Through 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) a person’s full life activity, allowing him to study, work, serve himself independently, communicate with other people, etc. Therefore, there is every reason to say that social security, along with the economic function, also has a social rehabilitation function.
The impact of the social security system on many demographic processes is obvious - on life expectancy, population reproduction, stimulation of the birth rate, maintaining the social status of the family in which minor children are being raised. For example, the extremely low level of pension provision in the 90s of the last century, which led to a sharp reduction in the consumption of pensioners, became one of the reasons for the high mortality rate of the elderly, and the lack of an effective system of social assistance for families with children led to a significant decrease in the birth rate in the country and etc. Consequently, the demographic function is also realized through the social security system.
It has already been said above that in Art. 7 of the Constitution of the Russian Federation enshrines the main directions of the state’s social policy, which are implemented along with other means and through the social security system. One of the main goals of the state in modern stage- this is the fight against poverty by increasing the general standard of living of the population and especially its most socially vulnerable segments - the disabled, the elderly, families with children. In the modern period, the overwhelming majority of the Russian population has an income that does not provide a decent standard of living for a person, which must be guaranteed according to the Constitution of the country. Thus, the cost of living, which is recognized as the poverty line, is significantly lower than what is necessary to meet the needs of a person as a member of society. Since social policy as a purposeful influence of the state on the living conditions of people in order to implement constitutional provisions is carried out mainly through the social security system, this means that social security also fulfills political function. The state of social peace in society depends on how effectively it fulfills it. An increase in social tension, as a rule, always indicates that the state of the social security system ceases to meet the objectively established needs of the population.
IN educational literature proposals for the allocation of some other social security functions are substantiated.
Forms of Social Security
Taking into account the above acts, we can conclude that the circle of those provided for includes the entire population of the country and, therefore, the form of social security should be uniform. What is the specificity of this circle of people? It is expressed in the fact that all the acts mentioned above talk about the provision of social security to every person as a member of society, regardless of whether he was engaged in labor activity or not. This determines the state’s choice of the appropriate financial source, types of social security and the system of bodies implementing it.
International instruments also establish the right to social insurance as an integral element of the right to social security (Article 9 of the International Covenant on Economic, Social and Cultural Human Rights). The implementation of this right is ensured by the state by creating, along with the social security system for everyone as a member of society, a compulsory social insurance system covering those who are employed. The creation of a social security system for the insured serves as a convincing argument for the objectively necessary differentiation in social security, due to the fact that in the first case a person exercises the right to social security as a member of society, regardless of his work activity (in the order of state social security), and in the second - as an employee whose labor creates the national wealth of society, and part of his salary is reserved for the purpose of providing material security (in the manner of compulsory social insurance) in the event of an insured event1. This system guarantees each employee social security upon the onset of temporary incapacity for work, disability, reaching retirement age, injury at work or occupational disease, for women - in case of pregnancy and childbirth, child care, etc.
Taking into account the specified criteria in developed countries Two main forms of social security have developed at the national level: everyone as a member of society - without taking into account the person’s labor contribution, and the worker (in the event of his death - his family) in the form of compulsory social insurance. These forms are used in many countries in combination with a variety of additional forms(industrial, professional, production insurance; social security systems based on funded principles, etc.)
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 and territorial.
Centralized forms include: 1) social security addressed to everyone as a member of society, at the expense of the federal budget; 2) social security of the insured in accordance with compulsory social insurance; 3) a mixed form of social security used for special subjects.
Let's consider each of the signs pointed out by V.S. Andreev, reflecting the specifics of these forms.
State social security at the expense of budgetary funds. The circle of those provided for includes the entire population of the country. The financial source that guarantees everyone the realization of the constitutional right to social security, as mentioned above, is budgetary funds accumulated both in the federal state budget and in the regional budgets. The types of security provided to the specified circle of persons are established by federal laws and regulations at the federal level. The right to receive them is exercised by everyone as a member of society, and therefore this circle of benefits includes those persons who work. These types include: social pensions; unemployment benefits, child care benefits; other social payments in connection with maternity and minor children; subsidies and compensation payments; state social assistance, social supplement to pensions, monthly cash payments to disabled people in connection with the monetization of benefits; medical and medicinal assistance, sanatorium-resort treatment, various social services and benefits. None of these cash payments is commensurate with a person’s earnings (even if he has any) and none of the types of “in-kind” social security depends on his labor contribution. The system of bodies competent to implement social security within the framework of the form under consideration includes the bodies of social protection of the population, education, health care, guardianship and trusteeship, etc.
Fundamentally important for assessing quantitative and qualitative indicators of the effectiveness of the functioning of this form of social security, as well as taking into account the rights of citizens to measures of social protection (support), social services provided within the framework of social services and state social assistance, other social guarantees and payments established by law of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, municipal regulatory legal acts, has a Unified State Social Security Information System, the creation of which from January 1, 2018 is provided for by Federal Law of December 29, 2015 No. 388-FZ (Article 5). The purpose of this system is to provide information in electronic form to citizens, government bodies, local governments, relevant organizations about measures of social protection (support), social services, other guarantees and payments provided to the population from the federal budget, budgets of constituent entities Russian Federation and local budgets.
Social security for the insured and members of their families in the form of compulsory social insurance is the second centralized form of social security. Compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social situation of working citizens, and in cases provided for by law, other categories of citizens due to a work injury or occupational disease, disability , illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to receive medical care, sanatorium treatment and the occurrence of other social insurance risks established by law that are subject to compulsory social insurance. Compulsory social insurance is a system of self-sufficiency of the insured, for whom all employers (insurers) are forced to pay insurance premiums. These payments, like the employer’s expenses for wages, are part of the cost of labor and are included in its production costs, i.e. from an economic point of view, they are considered a necessary product. Every employer understands that the higher the costs, the lower the profit he receives. It is through such payments that security is provided to the insured, and therefore economics considers insurance premiums as deferred wages for material support of the insured upon the occurrence of insured events. This system is organized and regulated by the state itself, which sets the rates for insurance payments for each type of insurance, and if this main source of financing is insufficient, it bears subsidiary responsibility by allocating the missing funds from the federal budget. The lower the tariffs are compared to what is necessary to guarantee the rights of the insured, the higher the state budget expenditures on subsidies to extra-budgetary funds. In this regard, the main goal of continuous amendments to current legislation is the need to optimize costs for social security of the insured (that is, reduce them)
Types of social insurance are: a) health insurance; b) pension insurance; c) insurance in case of temporary disability; d) maternity insurance; e) insurance in case of death of the insured person or a minor member of his family; f) insurance against industrial accidents and occupational diseases.
The circle of persons covered under this form therefore includes all insured persons. Insured persons in accordance with the Federal Law of the Russian Federation of July 16, 1999 No. 165 - Federal Law “On the Basics of Compulsory Social Insurance” are citizens of the Russian Federation, as well as foreign citizens and stateless persons working under employment contracts; persons who independently provide themselves with work, or other categories of citizens whose relations with compulsory social insurance arise in accordance with federal laws on specific types of compulsory social insurance. Relations under compulsory social insurance arise for those insured under all types of compulsory social insurance from the moment of concluding an employment contract with the employee, and for other categories of citizens - from the moment they pay or for them insurance contributions, unless otherwise established by current legislation.
The financial basis of the compulsory social insurance system is the corresponding funds that are not part of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets. These are the Pension Fund of Russia (PFR), the Social Insurance Fund of the Russian Federation (FSS RF), the Compulsory Medical Insurance Fund (MHIF). These funds perform the functions of an insurer.
Territorial (municipal) and corporate forms of social security include organizational and legal methods of implementing additional (to federal and regional) measures of social protection of people, used by municipal authorities and subjects of social partnership agreements. It is these bodies and entities that determine the method of accumulation of financial resources, the circle of people for whom additional social support measures are provided, its types and methods of provision. At the present stage, territorial forms, like regional ones, are becoming increasingly important, because they are the ones that are as close as possible to a person and can promptly respond to all social risks of “local significance,” although financial resources here are still very limited.
The effectiveness of local forms of social security used at the level of specific organizations depends entirely on their economic capabilities and the development of social partnership cooperation in this particular organization.
Throughout life, each person is exposed to various social risks, which can directly affect his health and ability to work, lead to loss of wages or other labor income, serving as the main source of livelihood.
Social risk- this is a probable event, the occurrence of which leads to financial insecurity due to the loss of income from work or family maintenance, as well as the emergence of additional expenses for children and other disabled family members, the need for medical or social services.
Characteristic features, allowing us to name certain events occurring in a person’s life, social risk, serve:
- conditioned by the economic system And public organization labor;
- property consequences in the form of a lack of income from work or family maintenance, additional expenses for disabled family members;
- interest of the state and society in mitigating and overcoming consequences of the occurrence of these events.
Taking into account the objective nature and depending on the impact on a person’s ability to work, social risks can be combined into 4 groups ( types of social risks).
- economic nature (unemployment);
- physiological nature (temporary or permanent disability, pregnancy and childbirth, old age, death);
- production-related (work injury, occupational disease);
- demographic and social nature (large families, single-parent families, orphanhood).
Economic and demographic risks do not directly affect a person’s ability to work.
As a rule, a person cannot overcome the consequences of a social risk on his own, because they are determined by objective socio-economic living conditions, are closely related to production activity and do not depend on it.
A state that provides for its own, foreigners and persons without, located on its territory on legally, a decent standard of living and free development are called “social”. It creates state system social security, participates in the financing of pensions, benefits, compensation, medical and social services.
Main criteria (features) of social security:
- sources of funding: at the expense of special funds formed by the state (special extra-budgetary funds: social insurance, Federal Compulsory Medical Insurance Fund, State Employment Fund of the Russian Federation, as well as funds from the state budget, republican and territorial funds for social support of the population);
- circle of persons subject to security: it is generally accepted that provision at the expense of society should not be provided for all citizens, but only for certain categories of them established by law in relation to specific types of provision (disabled people; persons who have lost their breadwinner; pregnant women; children; families with children; the unemployed; persons with the status of refugees and internally displaced persons; war and labor veterans, etc.);
- conditions for providing security: only upon the occurrence of relevant circumstances specified in the law (reaching a certain age, disability, death, birth of a citizen, etc.);
- purpose of providing security: nearest, intermediate, final. Thus, when providing a woman with maternity benefits, the immediate goal is to provide financial support to the woman during the period when she is released from work before or after childbirth. The intermediate goal is to take care of the health of mother and child. The ultimate goal is to raise a healthy generation and increase the country's population. However, it should be assumed that the main purpose of each type of security is to equalize social status individual categories citizens with other members of society. Indeed, the life situations in which a citizen finds himself require, as a rule, increased material costs or additional physical, mental, and moral efforts compared to other members of society.
Social Security - a form of expression of the state’s social policy, aimed at providing material support for a certain category of citizens from the state budget and special extra-budgetary funds in the event of events recognized by the state as socially significant (at this stage of its development) in order to equalize the social status of citizens in comparison with other members of society .
- economic;
- political;
- demographic;
- social rehabilitation;
- preventive.
Economic function is:
- in partial compensation of earnings or other labor income lost due to unemployment, disability, as well as intra-family maintenance due to the loss of a breadwinner;
- in partial compensation of additional expenses caused by the occurrence of certain life circumstances (for example, the presence of children);
- in providing minimal cash, in-kind and other assistance to the unemployed, low-income individuals and families;
- in the provision of free medical and social services to the consumer within the limits of state minimum standards (for example, drug care).
Sources of financing for social security are the Unified Social Tax (UST), funds from budgets at various levels, insurance contributions, as well as other revenues established by law. Part of the unified social tax is transferred in the form of insurance contributions to extra-budgetary funds: the Pension Fund of the Russian Federation (PFR), the Federal and territorial funds of compulsory health insurance (MHIF), the Social Insurance Fund of the Russian Federation (FSS). The funds are federal property.
1. The concept of social security
Social Security– a form of expression of the state’s social policy aimed at providing material support for certain categories of citizens from the state budget and special extra-budgetary 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 status of these citizens in comparison with other members of society .
Social security directly depends on economic development. It is directly related to politics and the social well-being of both working and non-working segments of the population.
In science, two main concepts of the content of this concept have developed - economic and legal.
Supporters economic concept included in social security all types of assistance to members of society at the expense of public consumption funds (including free secondary, secondary special and higher education, free provision of housing (or housing subsidies), free physical education and sports, services by cultural institutions, all types of pensions, benefits, social services, medical care and treatment, as well as various types of benefits for certain categories of citizens). The basis of this concept was the method of distribution of benefits through public consumption funds.
Representatives of legal concept believed that security should concern only certain citizens who enjoy special protection from the state. The subjects who enjoyed special care from society at certain stages of its development included various categories of citizens (in Tsarist Russia - at first only officials and military personnel, then - hired workers in heavy industry and members of their families).
Under Soviet rule, social security first extended to all wage earners, and then to collective farm members, children, large families, and single mothers. The current legislation on social security in Russia already applies to the unemployed, internally displaced persons and refugees, and persons who are not entitled to a retirement pension.
2. Basic modern criteria for social security
The main features by which security can be called social include:
Sources of financing. Social security should be provided through special funds formed by the state. Currently, social security is financed from special extra-budgetary funds: social insurance, the Federal Compulsory Medical Insurance Fund, the State Employment Fund of the Russian Federation, as well as funds from the state budget, republican and territorial funds for social support of the population.
Circle of persons subject to security. Today these are: disabled (due to old age, disability, length of service); persons who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and internally displaced persons; veterans of war and labor; persons affected by radiation; persons awarded orders of military and labor glory; Heroes Soviet Union and Russia; residents besieged Leningrad; persons awarded the medal “For the Defense of Leningrad”; former prisoners of concentration camps, ghettos; persons who were subjected to repression and subsequently rehabilitated. The circle of these persons is established in relation to specific types of security.
Conditions for providing security. The right to one or another type of security is established for certain groups of the above-mentioned citizens only upon the occurrence of appropriate circumstances specified in the law (reaching a certain age, disability, death, birth of a citizen, etc.).
Purpose of providing security. Today, social security is financed through special funds, state budget funds, republican and territorial funds for social support of the population. By providing citizens with this or that type of security, the state pursues certain goals. They can be conditionally divided into immediate, intermediate, and final.
3. Social security functions
Several main functions of social security can be noted, including economic, political, demographic, social rehabilitation, and protective.
Economic function is expressed in the provision of material support to citizens in difficult life situations, in promoting the development of social production in general and individual sectors of the national economy, the economic recovery of priority development zones, etc.
Political function is aimed at bringing together the social level of various segments of the population, creating conditions that provide a decent life for every person. It is designed to stabilize public relations in the field of social protection of the population.
Demographic function helps stimulate the growth of the country's population, the reproduction of a healthy generation, the increase in life expectancy of citizens, etc.
Social rehabilitation function is associated with meeting the specific needs of elderly and disabled citizens. It is expressed in the creation of conditions conducive to maintaining their legal status and protecting the health of all citizens.
Protective function is aimed at protecting citizens in difficult life situations, helping in solving various problems (material, physical, psychological, age-related, etc.). This is the main purpose of social security. It is necessary for society and the state to ensure the necessary and sufficient level of social security for both the population as a whole and each of its social groups.
Another function of social policy is to ensure that society and the state have the necessary and sufficient level of environmental safety.
Socio-political relations do not exist separately in society; they represent social form all economic, cultural and consumer processes without exception. Social policy introduces into these processes their connection with the diversity of interests of classes, social groups, and communities.
4. Social security and social protection
During the period of transition to market relations in our country, with the emergence of economic instability, inflation, impoverishment, increased stratification of society, an increase in the number of unemployed, refugees, internally displaced persons, and people without a fixed place of residence, the problem of social security of citizens became very acute.
It is impossible to solve it within the framework of social security law, since it affects several branches of law simultaneously.
Labor law- these are problems of unemployment, employment and employment of various segments of the population, stability of labor relations, increasing social guarantees in the field of wages (a certain level of wages, including the establishment minimum size remuneration, guarantees of compliance with the principles of remuneration for labor established by law, payment of regional coefficients, etc.); problems of reproduction of the labor force, including issues of working hours and rest time, labor protection, guarantees for persons combining work with training, guarantees for employees in the consideration of labor disputes (individual and collective).
Civil law– state support, protection and protection of private property, support for individual private entrepreneurship, etc.
Housing law– issues related to the provision of housing and improvement of living conditions.
Family law– these are issues of state support for the institution of marriage and family, the establishment in legislation of the rights and responsibilities of parents, children and spouses, etc.
Environmental law– these are problems associated with the creation of a favorable ecological environment for the normal functioning of members of society, etc.
The main issues of social protection of Russian citizens relate to social security law. All institutions of this legal branch are aimed at protecting various segments of the population from social disasters.
The concept of “social protection” is much broader than the concept of “social security”, since the latter is included in the category of the former.
5. Subject of social security law
Social Security Law became an independent industry relatively recently (in the mid-70s). Until this time, social security relations were considered within the framework of administrative, civil, labor, and collective farm law.
During the formation of the USSR (1922), social security was considered integral part law of social culture and was part of the branch of administrative law. In the 50s, with the advent of new pension legislation, the social security of workers and employees began to be considered within the framework of the subject of labor law, and the social security of collective farmers - within the framework of the subject of collective farm law.
The question of the independence of social security law was first raised and discussed at an international symposium in Prague in 1966.
The founder of Soviet social security law as an independent branch of law was the Honored Scientist Professor V. S. Andreev. For the first time in our country, he developed a doctrine about the subject and method of this legal branch, substantiated the system of its norms, and formulated the principles of social security.
The concept of the subject of social security law is inextricably linked with the essence of the very concept of social security, its capacious content.
Subject of social security law Today there are several groups of social relations:
1) relations regarding social security of citizens in cash (pensions, benefits, compensation payments);
2) relations for the provision of various social services (social services for the elderly, disabled people, children, families with children, refugees and internally displaced persons, medical care, benefits for certain categories of citizens);
3) procedural and procedural relations related to the establishment of legal facts, as well as the implementation and protection of the right to one or another type of social security. These relations, as a rule, precede (procedural), accompany (procedural and procedural) or follow (procedural) from the relations included in the first two groups.
6. System of relations for social security of citizens
Relations regarding social security of citizens in monetary form and in the provision of various social services constitute the “core” of the subject of social security law. Procedural and procedural relations are derived from them.
IN pension relations system Currently, the following types of pensions are included: old age, disability, loss of a breadwinner, long service, social pensions.
IN system of relations for providing benefits provide benefits: for temporary disability, for pregnancy and childbirth; women registered with early dates pregnancy; on the occasion of the birth of a child; caring for a child up to one and a half years old; for children under 16 years of age; on unemployment; for burial; wives of military personnel, etc.
System of relations for providing compensation payments includes: compensation for persons caring for a minor child until he reaches the age of 3 years; compensation payments to persons caring for a person who has reached 80 years of age, a group I disabled person, an elderly person who, according to a doctor’s opinion, needs constant outside care; compensation payments to non-working wives (husbands) of military personnel living with their spouse in areas where they cannot work due to lack of employment opportunities; compensation payments for food for children studying in state, municipal educational institutions, as well as in primary vocational and secondary institutions vocational education; compensation payments to students and graduate students on academic leave for medical reasons; compensation payments to refugees and internally displaced persons; compensation payments to persons on forced leave without pay; compensation payments for children under guardianship and guardianship in a foster family.
Social security can be organized in different forms, which are usually differentiated according to such criteria as:
- range of provided;
- sources and methods of generating funds to finance relevant activities;
- types of security;
- conditions and amounts of security;
- bodies providing security.
Taking into account these characteristics, the following can currently be distinguished: organizational and legal forms of social security :
- state (compulsory) social insurance;
- social security through direct allocations from the 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 Basics 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 situation of workers 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 likelihood of a deterioration in financial situation as a result of loss of earnings or labor income for objective socially significant reasons, as well as in connection with additional costs for the maintenance of children and other family members in need of help, to meet the needs for medical and social services. This definition reflects the most significant features of social risk:
- connection with the social organization of labor;
- intended character;
- objective reasons for the occurrence.
State (compulsory) social insurance
The main organizational and legal form is. Currently, it is being transformed in accordance with principles adequate to market relations.
Employees and other persons, the circle of whom is determined by law, are subject to compulsory social insurance.
In relation to state (compulsory) social insurance, insured events can be lack of demand for labor (unemployment), illness, disability, old age, death of the breadwinner and others. Their list is established by law.
The essence of state social insurance is the distribution of social risk between employers, employees and other employed persons subject to compulsory social insurance, and the state. Moreover, 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, which are valid from the point of view of the state. In particular, loss of earnings can be a consequence of unemployment, temporary disability, disability, etc. Additional expenses can be the result of a variety of reasons: the presence of dependents, including minor children; disability; need for medical care and treatment, natural disasters and other emergency events.
To finance state social insurance, centralized funds have been created at the federal and local levels, which function as off-budget financial systems. The federal social insurance funds include: the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, and the State Employment Fund of the Russian Federation. They are formed through insurance contributions from employers, various groups of the employed population defined by law, and state subsidies.
The tasks of the foundations are not only to ensure the collection of the necessary funds, but also to place them in government projects, securities and other reliable investments that guarantee the receipt of profits necessary for the indexation of pensions, benefits and other social insurance payments.
Thus, state (compulsory) 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 to medical assistance from extra-budgetary insurance funds.
Social security through direct allocations from the federal budget
Another organizational form of exercising everyone’s constitutional right to cash payments and social services in cases established by law is provision through direct allocations from the federal budget.
This form covers special subjects: civil servants, military personnel, ordinary and commanding personnel of internal affairs bodies, state security, tax police and members of their families, as well as other categories of employees, taking into account the specific nature of their activities. Funds to finance social security for the specified contingent of persons are transferred to 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 assistance
Another organizational and legal form of social security is social assistance. Currently it is in its formation stage. The legal basis for its creation is laid down by the following Federal laws: dated 10.24.97 No. 134-FZ “On the subsistence minimum in the Russian Federation”, dated 07.17.99 No. 178-FZ “On state social assistance”, dated 11.20.99 No. 201-FZ “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 basis for the provision of social payments or services should be the level of individual or per capita family income. If it is below the subsistence level, then the family (a single citizen living alone) is considered low-income and has the right to receive state social assistance. Thus, the right to social assistance is not conditional on participation in work or payment of insurance contributions.
Financing of state social assistance is carried out from budgets of various levels, as well as from the Republican and territorial funds for social support of the population.
Thus, state social assistance is a form of organizing the exercise of the right to social security by low-income persons outside of connection with work and the payment of insurance contributions.
Within the framework of different organizational and legal forms, we provide different types social security. Funds from centralized off-budget social insurance funds finance labor pensions (for old age, disability, loss of a breadwinner), social insurance benefits (unemployment, temporary disability, pregnancy and childbirth, etc.), insurance services for the provision of free for consumers of medical care under compulsory health insurance programs.
Due to direct allocations from the federal budget, long-service 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 equivalent to them).
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 old, disabled people of group I, and other types of compensation payments;
- one-time benefits for refugees and internally displaced persons;
- free provision of basic necessities (food, clothing, shoes);
- subsidies for the purchase of medicines, prosthetic and orthopedic products;
- subsidies for payment of utility services;
- home assistance for the elderly and disabled;
- semi-stationary and stationary services for the disabled and elderly;
- keeping children in orphanages;
- providing first aid to the homeless in night shelters and others.
Great difficulties in distinguishing between forms of social security are caused by the possibility of receiving the same types of payments at the expense of various sources. For example, for financing one-time benefits at the birth of a child, funds from the social insurance fund are used for persons working under an employment contract, and funds from local budgets are used for non-workers.
Hence, depending on the source of funding, payments of the same name can act as both types of social insurance and types of social assistance.
IN lately Local forms of social security are also beginning to develop at the expense of financial resources allocated under municipal social programs.
A type of social security is a way of providing material assistance or a way in which the state assists a citizen in meeting a particular need..
It is common to talk about such types of social security, How pensions, benefits of various types, benefits, social services and in-kind support.
Pensions are the most significant type of security, both in terms of the number of funds provided and 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 bodies specially designed for this and is made from a certain pension fund. The subject of this type of security is a person recognized as disabled due to reaching a certain age, recognized as disabled according to medical criteria (disability), or due to the performance of any social functions (caring 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 the amount of previously received wages, and its mandatory nature. The purpose of a pension is to provide material support for citizens, providing them with the only or basic means of subsistence. There is a point of view that a pension is a time-deferred reward for work.
Thus, a pension is a state payment made from the pension fund for the purpose of providing material support for disabled citizens in connection with their past labor and other socially useful activities in amounts usually 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 - Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families.”
Pensions are sometimes accompanied by another type of security - social services, i.e. provision of a number of services free of charge at the expense of the society. The goal is to provide additional assistance to those in need in the form of everyday activities. Social services, as a type of social security, include services for sanatorium-resort treatment, maintenance in boarding homes, labor rehabilitation and employment of people with disabilities, some health services, educational services, maintenance of children in preschool and out-of-school institutions.
The next type of social security that is widespread is benefits are a number of types of social security that differ in purposes, sources of payments, subjects.
First view This group consists of the so-called labor benefits, which paid to persons who have an employment relationship with an enterprise (state, municipal, cooperative, etc.) and who have temporarily lost wages due to incapacity for work. They are paid from social insurance funds.
The presence of labor ties between the subject of the provision of benefits and the insured, whose role is an enterprise or other similar object, is mandatory. The purpose of labor benefits is full or partial compensation of lost earnings, with which their amount is commensurate, i.e. during the period of incapacity for work, the person, without performing any actions in favor of the enterprise, receives monetary support from it.
Labor benefits include, for example, maternity benefits.
Second group - social benefits. They differ from the first group in that they are not related to work. These benefits are characterized by the absence of socially useful activities of the recipient or their 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 exempt from working duties (disabled people of the 1st group, disabled people of the 1st and 2nd groups), these benefits are equal to the minimum labor pension.
For other people, their size is such as to ensure the satisfaction of only a small 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 means of subsistence. Their establishment should be considered as a manifestation of the humanism of society. The source of payment of these benefits is the state budget. Thus, social benefits are monthly cash payments from special state funds in cases established by law to disabled persons who do not work and do not have the right to labor pensions and other types of monetary security (except for family benefits).
These include social pensions. The classification of social benefits as pensions in legislation is due to established global legal practice.
Third group - family benefits. 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 based on the amount of the minimum wage established by current legislation.
These include pensions for disabled children, benefits for the care of young children, single mothers, children of low-income families, on the occasion of the birth of a child, funeral benefits, etc.
The next type of support is the provision of benefits that alleviate the financial situation of certain categories of persons as a result of the fact that society takes on part of the necessary financial expenses. This type software is used quite widely. This includes partial payment medicines And utilities, payment of partial cost of vouchers for children’s holidays in sanatoriums and camps, maintenance of children in nurseries preschool institutions etc.
Another type of security is in-kind security, i.e. transfer of ownership or use to certain categories of citizens material assets . It's about on the free provision of prosthetic and orthopedic products, mobility aids, and medications for certain groups of disabled people, and on the provision of housing at the expense of the public housing stock.
The distribution of these types of social protection should be in broad accordance with regulatory legal acts adopted both at the level of the Russian Federation and at the level of the constituent entities of the federation.