Social Security Relationships
The concept and types of legal relations on social security
Legal relations in the sphere of social security are the actual relations regulated by the norms of law regarding the provision of cash payments, services, benefits arising between state bodies (institutions and other persons authorized by the state ) and individuals who are entitled to them.
The core of the system of legal relations is material legal relationship , because they meet the needs of people affected by social risk, in money, in health protection, in the maintenance of disabled members of society . These relations are relative, since both their subjects are assigned rights and duties.
A distinctive feature of social-security legal relations is that the individual (citizen or family) participating in them, subject to the conditions established by law, has a subjective right to receive pensions, benefits, subsidies, services or benefits, and the state body (institution or another person authorized by the state) is obliged to provide it.
The tangible social security relationship is property , as they arise about the provision of material benefits to individuals in the form of pensions, benefits and services. These legal relations are formed within the framework of three organizational and legal forms: compulsory social insurance, state social security and state social assistance.
Within these forms, material relationships can be classified by objects (that is, types of collateral):
- for retirement;
- for benefits and other social benefits;
- for the provision of free medical care, free and preferential medicines;
- for free and privileged social services.
However, the above classification is too general and requires specification. In particular, depending on the specifics of the legal facts, as well as taking into account the sources of financing, pension legal relations can be combined into the following groups:
- for the payment of labor (insurance) pensions (for old age, but for disability, but for the loss of the bread-winner);
- on the payment of pensions for long service and other types of state pensions at the expense of the federal budget and the budgets of the constituent entities of the United States;
- for the payment of social pensions (but old age, disability, loss of breadwinner).
The legal relationship with regard to the payment of benefits is very diverse. They can also be classified in terms of organizational and legal forms for social insurance, social security and social assistance. In turn, social and insurance legal relations can be combined into several groups according to types of insurance benefits:
- for temporary incapacity for work;
- for pregnancy and childbirth;
- in connection with the birth of a child;
- for the period of leave to care for the child until he reaches the age of one and a half years, etc.
In case of illness, disability and in other cases of deterioration of health, there are material legal relationships for the provision of various types of free medical and social assistance for the population: dispensary observation; primary health care; first aid; treatment at home, in inpatient facilities of the state or municipal health care system, as well as in private clinics for
the account of means of compulsory medical insurance, on granting of medicines and products of medical appointment free of charge or under preferential tariffs, etc.
The legal relations for social services are also very diverse:
- to provide free or discounted (with discount) social services at home;
- by content in stationary social protection institutions;
- vocational training and employment of disabled people
- to provide disabled people with vehicles;
- for prosthetics, etc.
In reality, there is no single legal relationship on social security that allows an individual to realize his subjective right at once for all types of payments and services. But when certain legal facts come, an individual can be a subject of several legal relationships existing at the same time. Thus, disabled people of the Great Patriotic War can simultaneously be subjects of several legal relationships - about the payment of old-age labor pension, disability pension for state pension provision, as well as for prosthetics, for providing vehicles.
Material legal relations differ according to legal facts, terms of validity, subjects, objects, content.
Most of the social security relationships arise, change or terminate if there is complex legal structure, ie. the aggregate of legal facts established by law (events and actions). This means that the absence in the legal structure of at least one of the necessary facts prevents the emergence or change of legal relationship. Termination of legal relations can also occur with the onset of a single legal fact (for example, the death of the recipient).
For validity periods the social security relationship is divided into three groups:
- legal relationship, terminating a one-time performance of duties (all types of legal relationships for lump-sum benefits);
- legal relations with the absolutely known period existence in time (pension relations on the occasion of loss of a bread-winner - until the attainment of a minor by a dependent of 18 years old, 23 years old student, all kinds of legal relationships assigning benefits to children, etc.);
- legal relationship with a relatively vague period of existence in time (pension legal relations for old age, disability, legal relations in connection with the payment of benefits for temporary incapacity for work, legal relations for the maintenance of disabled people and the elderly in boarding homes, etc.).
According to its legal nature, legal relations with regard to the provision of cash payments (pensions, allowances, etc.) are socially obligatory. As social obligations they were investigated by R.I. Ivanova.
The emergence and content of legal relations for the payment of pensions and benefits is not related to the conclusion of the contract. An exception since 2013 is the legal relationship for the payment of the funded part of a labor pension between a pensioner and a non-state pension fund (NPF). The insured person independently enters into a pension insurance contract with the APF to receive the accumulative part of the old-age labor pension upon reaching the retirement age.
In contrast to payments, medical and social services are rendered only on the basis of contracts contracts generating the corresponding social and legal relationships.
Both groups of legal relations are characterized by a clear legal regulation, since all rights and obligations of their subjects are determined by law and can not be changed by agreement of the parties. Even in cases where a contractual form is applied or the discretion of a public authority is permitted, the scope of contractual freedom and the permissible measure of discretion are rigidly outlined by law.
In the legal relations the parties are equal. There is no element of power-submission in them, although one of the subjects is a state body (institution or other person authorized by the state).
In social-security legal relations, a state agency (institution or other authorized entity) is the executor of the state's social obligations to persons who suffered from social risk.
The material legal relationship for the provision of monthly and periodic payments, the provision of medical and social services are of a continuing nature.
Implementations of material legal relations are preceded by or arise simultaneously with them procedural legal relations. In procedural legal relations, a state body (institution or other authorized entity) decides on the appointment of a particular type of social security. Therefore, in material legal relations for the payment of a pension or allowance, he is in fact the executor of his decision.
Procedural legal relations can be combined into several groups:
- to establish legal facts (for example, length of service, examination of temporary incapacity for work, group and reasons for disability, etc.);
- making decisions on the appointment or refusal to provide specific types of social security.
Procedural legal relations are law enforcement, related to the implementation of material relations. The legal fact that generates procedural legal relations is the appeal of the interested person or his representatives with a request to certify a concrete fact, to assign a certain type of social security. At the same time, a citizen not only has the right to demand that the competent state bodies consider his request, but bears the obligation to present evidence of the coming of the necessary legal facts.
Procedural legal relations are terminated by the issuance of a decision on the existence or absence of circumstances having legal significance, on the appointment of a particular type of social security or on refusal to do so.
The most important role in procedural legal relations is played by the terms during which legal actions must be carried out. Passing the deadline without good reason entails a refusal to provide the appropriate type of social security.
In case of disagreement with the decision of the competent state body, a citizen has the right to apply for resolution of the dispute to a higher authority or to a court. When a dispute is considered by a higher-level government body (for example, a social protection body or a health authority), administrative procedural ones arise, and when a dispute is examined by the court, civil procedural legal relations arise.
Legal relations on the settlement of disputes by higher bodies of extra-budgetary funds are procedural legal relations in the sphere of social security.
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