Social Security Law

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

Economic discipline distinguishes five distribution options:

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

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

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

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

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

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

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

In accordance with the forms, legal relations are distinguished:

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

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

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

Procedural legal relations are associated withestablishment of legal facts that would be relevant to the provision of these or other services. So, for example, to assign a disability pension, it is necessary to establish the fact of disability.

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

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