- Commentary on the Constitution of the US Federation

1. Everyone is guaranteed social security by age, in case of illness, disability, loss of breadwinner, for the upbringing of children and in other cases established by law.

2. State pensions and social benefits are established by law.

3. Voluntary social insurance, creation of additional forms of social security and charity are encouraged.

1. Established as the basis of the constitutional system, the social nature of the state involves caring for those members of society who, due to limited opportunities caused by various life factors, are temporarily or permanently unable to provide the necessary standard of living for themselves and the disabled family members.

Social security by age occurs mainly in the form of payment of pensions. The basis for obtaining a pension is disability, which is understood as loss of ability to work for a long time or permanently. In case of death or unknown absence of a person, a pension for loss of a breadwinner is assigned to his minor children, disabled parents, spouse and dependents. In the development of the provision of the Constitution on social security for the upbringing of children, US legislation provides benefits in connection with the birth of a child, care for him and upbringing of a child under the age of 16, and under certain conditions, maternal (family) capital in accordance with Federal Law No. 29.12 .2006 No. 256-FZ "On additional measures of state support for families with children". (as amended on November 16, 2011) and the Order of the Ministry of Health and Social Development of the United States of 18.10.2011 No. 1180n "On Approval of the Rules for Submitting an Application for the Issue of a State Certificate for Mother (Family) Capital and Issuing a State Certificate for Mother (Family) Capital (its duplicate) and forms of state certificate for maternal (family) capital "; (registered with the US Justice Department on 06.03.2012, No. 23417). Social monetary payments can be replaced or supplemented with other forms of social security - the maintenance of those who need it in boarding homes for the elderly and disabled, orphanages, boarding schools for children deprived of parental care, social services at home, etc.

2. To ensure the guarantees of a stable increase in the standard of living of one of the most vulnerable categories of United States citizens - pensioners, a package of laws implementing pension reform was adopted in December 2001.

Federal Law No. 173-FZ of 17.12.2001 "On Labor Pensions in the United States" (as amended on 03.12.2011) establishes a new procedure for the calculation and payment of labor pensions. Federal Law No. 166-FZ of 15.12.2001 "On State Pension Provision in the United States" (as amended on 01.07.2011) applies to persons who receive pensions from the federal budget - civil servants, citizens who lost their health during military service, as a result of radiation and man-made disasters. Pensions for disability, loss of breadwinners and other social pensions are paid under this law. The basic reform reform Federal Law No. 167-FZ, dated December 15, 2001, "On compulsory pension insurance in the United States", adopted in the same package. (as amended on 28/07/2012) regulates relations between the parties involved in compulsory pension insurance - the insured person, the employer who transfers pension contributions for him, and the US Pension Fund accumulating these contributions and making pensions.

Some issues of pension provision for certain categories of citizens are established by the US Law "On Employment in the United States", as well as the US Law of 15.05.1991 No. 1244-1 "On Social Protection of Citizens exposed to radiation due to the Chernobyl Disaster" ; (as amended on 25.06.2012), as of 19.02.1993 No. 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Territories" (as amended on July 24, 2009), as of 12.02.1993 No. 4468-1 on the provision of pensions for persons who have completed military service, service in internal affairs bodies, the state fire fighting service, bodies controlling traffic in narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families (in the edition of 08.11.2011), etc.

Social support for citizens who need it is also done by paying social benefits. In this area, federal laws No. 81-FZ of 19.05.1995 "On State Benefits for Citizens with Children" apply. (as amended on 28/07/2012), as of 12.01.1996 No. 8-FZ "On Burial and Funeral Business" (in the edits of 28.07.2012), etc.

Additional social benefits to the established by the legislation can be fixed also in collective agreements and agreements, in employment contracts taking into account economic opportunities of the enterprise.

3. The state provides support to non-state forms of material support for citizens, i.e. creation of private pension funds, pension insurance. Federal Law of 07.05.1998 No. 75-FZ "On non-state pension funds"; (in edition of 28.07.2012) creates a legal basis for the development of this area of ​​social security.

The constitutional consolidation of the promotion of charity is of great importance for the social support and protection of citizens, the improvement of the financial situation of the poor, the social rehabilitation of the unemployed, the disabled and other persons who, due to their physical or intellectual characteristics or other circumstances, are unable to independently exercise their rights and legal rights interests.

Federal Law "On Charities and Charities" establishes the basis for the legal regulation of charitable activities, the possible forms of its support by state authorities and local self-government bodies, the peculiarities of the creation and activities of charitable organizations in order to widely disseminate and develop charitable activities in the United States.

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