Social Security System
Modern science system is considered as one of the fundamental properties of the objective world. As a method of scientific cognition, the system approach includes a number of interrelated aspects of the study of the object (component, structural, functional) that allow in aggregate to give a deeper understanding of the system as a whole.
With respect to law, system analysis requires:
- a historical approach to the legal form;
- identifying the links of law with other social systems;
- Considering the interaction of the system "right - social relations";
- studying the components of law.
The central place in the system approach is the component aspect of the study, which allows one to answer the question of what parts the systemic whole consists of.
Another important aspect of the system approach is related to the study of structure. Each specific system has its own specific structure, determined by the nature of its constituent components. There is no system without a structure, which is the necessary skeleton, the internal structure, the logical organization of the substantial, substantial components of the systemic whole. "
The components that make up the structure are dynamic. They mutate, interact with each other. Therefore, the structure is both a way of functioning of a particular system, and a form within which transformations take place.
Structural analysis of law means the identification of the sectoral composition, the establishment of the place of specific industries in the general system of law, the study of the interaction of industries with each other and the system as a whole. And at the level of the branch of law, its application makes it possible to determine the composition of its institutions, their correlation and the nature of the impact on each other.
The functional aspect is to establish ways of manifesting the activity of the system and its components, since law takes the leading place in the system of social regulation.
The genesis of law shows that its emergence as an integral system that affects all the main spheres of society's life is the result of a long historical development. Only at a certain stage of social development has law become a generally binding regulator of social relations.
As components of the system of law, there are branches, institutions, rules of law and other entities occupying an intermediate position (sub-sectors, sub-institutions). The components of law (branches, institutions, norms) manifest their regulatory quality only in certain limits and forms. In particular, the industry provides for regulation within a particular group of social relations, and the legal norm affects only certain aspects of a certain social relation.
The rule of law is the primary component of the system, which has the ability to regulate the behavior of participants in public relations. The norm can express general, principled provisions relating equally to the whole complex of social relations as a whole, or to fix a rule relating only to one type of relations entering into the subject of the industry. Taking this into account, industry norms form a common and special part.
The system of social security law is a set of objectively interconnected legal norms, institutions and intermediate entities (sub-branches, sub-institutions) located in a certain structured sequence in accordance with the specifics of regulated social relations.
To General branches of social security law are the norms that consolidate the principles of law and the objectives of legal regulation, the basic human dispositions in the field of social security, types of social risks, , its subjects and local governments on the legal regulation of social security.
The special part are the rules that determine the conditions for the provision of certain types of collateral. These groups of norms form the institutions of the branch of law. Examples include the following institutions: old-age pensions, disability, survivors, long service, unemployment benefits, temporary incapacity for work, etc. Within the institutions, the rules of law are also arranged according to a certain system, taking into account the structure of legal relations, unity and differentiation of norms, allocated for various reasons. In particular, labor and social pensions can be identified within the institution of old-age pensions. In turn, among the norms regulating the conditions for granting old-age labor pensions, there are general norms defining the subjects and content of pension legal relations, legal facts that generate, modify or terminate the validity of these legal relationships, and special norms that establish the grounds for providing old-age labor pensions with taking into account the harmfulness, severity, natural and climatic conditions of labor, and also for long service.
Institutions can unite into a larger entity - sub-sector. As SS Alekseev wrote, "the triad (norm, institution, industry) does not exhaust the complex structure of law ... In addition to the norms, institutions, branches that are necessary elements of the legal system and therefore necessarily follow one after another, there are also such not always necessary legal entities as sub-institutions and sub-sectors. "
A sign of the sub-sector is the existence of general provisions relating to several institutions. In the social security law, there are two sub-sectors - social insurance (M. Yu. Fedorov, MV Filippov) and pension law (VS Arakcheev, Yu. V. Vasilieva, ML Zakharov, TK Mironova , E. G. Tuchkova).
In the general part of MV Filippov's social insurance sub-sector includes the goals and principles of its implementation, the circle of subjects, the powers of federal bodies of state power, types of social insurance risks and insurance cases. A special part is formed by the institutions of social insurance types - pension insurance, temporary disability insurance, in case of unemployment, compulsory medical insurance.
According to VS Arakcheeva, "the pension law can be rightly attributed to the sub-sector of social security law not only in terms of its volume (quantitative) indicators, but also because of the qualitative (meaningful) characteristic". The author proves that pension law is not a simple sum of several institutions of social security law, but a set of rules governing "core relationships of a social and security nature." That is why they can be combined into general institutes, institutes and sub-institutions. Among the general institutes of pension law is the institution of pensions for age, length of service, disability, loss of breadwinner.
They can be based on the principles of social insurance and the principles of security at the expense of budgetary allocations.
As noted above, most of the social security rules addressed to individuals are permissions , which is determined by the nature of the social relations they regulate. They create real prerequisites for meeting the vital human needs in old age, with disability, loss of breadwinner and in other cases. At the same time, permissive regulation is used: subjects of legal relations are allowed only what is directly stipulated by the norms.
The activities of government agencies and organizations in the field of social security are governed by regulations.
As for prohibitions, then for the Soviet period of the history of social security rights they were not relevant. Direct prohibitions were practically absent, although they logically followed the content of the norms. A distinctive feature of the current stage of the development of social security law is the emergence of prohibitory standards (for example, in Federal Law No. 122-FZ of August 2, 1995, "On Social Services for Older Persons and Disabled People," etc.).
The system of the branch of law must be distinguished from the system of legislation. The system of legislation with different degrees of generalization formalizes and consolidates the industry system. The system of legislation can be defined as a set of normative acts on social security that have an internal unity and interrelation that reflects the structure of the branch of law.
The most consistent expression of the structure of the industry receives in a single, consolidated normative act in the form, for example, of the foundations of legislation or code. Unfortunately, there is still no such normative act in the field of social security. This situation significantly complicates the system of legislation on social security, generates differences in the regulation of the same relationship, leads to a duplication of norms.
The attempts to develop a codification regulatory act so far have not led to a positive result, which is due to a number of objective reasons: contradictions in the transition period; a difficult economic situation in the country; the lack of a single concept of social security in the new socio-economic conditions; a wide variety of social security relations; permanent reform of social security administration.
However, the development and adoption of the foundations of legislation or the code would substantially renew and develop all institutions and norms of social security law without exception.
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