Organization of social security. Forms and types of social security What bodies are included in the social security system

Social security: what is it?

Definition 1

Social security acts as a system provided for by the legislative authorities, which is necessary for organizing material support and subsequent services for citizens who have reached a certain age (old age), as well as in case of their illness, partial or complete loss, to implement labor activity, in case of loss of a breadwinner. Also, families in which there are children, but there is no way to ensure their full existence (large families, orphans) fit into the scope of social security.

Social security law is a separate branch of Russian law. It is a set of rules and legal statuses and institutions that regulate material security relations at the expense of funds stored in state targeted non-budgetary funds for social purposes. In other words, social security is one of the most common targeted forms of distribution of wealth. The main goal is to satisfy the most vital personal needs:

1. Physical - support for physical health, assistance in the provision of health services;
2. Social - free education, services in various budgetary organizations;
3. Intellectual - ensuring the availability of education at every stage of human development and learning.

These needs are inherent in almost everyone - the elderly, people with disabilities, children, dependents and internally displaced persons, the unemployed. But it is worth noting that every person has the right to receive assistance and be provided for in order to restore health and for the subsequent correct reproduction of the labor force at the expense of special funds. Social security is an expression of work within the framework of the social policy of the state at this stage of its development and activity.

Thus, social security is a form of expression of the properties and actions of the social policy of the state. It is aimed at material support for specific categories of citizens (the elderly, the disabled, orphans, dependents, families with many children) from the state budget, as well as specially allocated off-budget state funds. This happens in the event of the occurrence of such events in a person’s life that can undermine his social position and harm his life as a whole. The main characteristic of social security is its targeting, because before giving consent to applications submitted to the social security authorities, it is necessary to carry out checks on this issue and determine the reality of the situation of the person who applied for help.

Organization of social security in modern Russia

Social security of citizens is carried out in accordance with the measures provided for under the legislation, as well as within the framework of the social policy of our country. Today in Russia it is necessary to include all types of pension payments and benefits, allowances, compensation payments to the social security system. This also includes the following elements of social security:

• Social services for citizens most in need of it;
• Medical assistance to categories of citizens, financing of expensive medicines or operations from the state budget, or funds of non-budgetary organizations;
• Sanatorium-resort treatment for citizens who are in great need of this medical indications(sluggish chronic diseases, postoperative rehabilitation);
• Benefits for certain categories of citizens (payment of subsidies and benefits to citizens who are most in need of it).

Social security may take different forms. At the same time, forms as a whole mean organizational and legal ways of implementing social security in modern conditions. Quite specific features of the forms of social security include such as the system of bodies that carry out direct social security; accumulation method Money, which are used to provide social security to special categories of citizens in need. Thirdly, it is impossible not to note the circle of subjects that receive assistance and are provided at the expense of funds allocated to certain financial source. In addition, here the researchers take into account the types of security provided at the expense of a specific source for a specific range of social security objects.

Forms are constantly changing, as both the social security system and the course of policy in this regard are subject to change. Therefore, today, when it comes to centralized forms of social security, they should be divided into such as:

1. Compulsory social insurance of citizens and special categories of the population;
2. Social security at the expense of budgetary funds - in this case it is granted only to special categories of citizens who officially confirm their difficult financial and social situation;
3. A mixed form of social security, which is accepted for certain social subjects. This implies financing and related funds, social assistance in the organization medical care, assistance in obtaining additional services or financial support (benefits, subsidies, pension payments and additional payments to them).

At present, several funds operate in Russia as independent credit and financial systems. These include the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, State fund employment of the population of the Russian Federation, as well as some compulsory health insurance funds.

Remark 1

As the main income for these funds are insurance premiums. A person can apply to them and, in accordance with the legislative system, receive the necessary assistance, having previously documented their social status.

The need for social security appeared simultaneously with the emergence of human society. In any society, regardless of its economic and political structure, there are always people who, due to natural reasons beyond their control, cannot acquire the source of their livelihood by their own efforts. These people include children and the elderly.

As society develops and social ties become more complex, the number of reasons for a person's need for social assistance are added to those that are due to the nature of the economic relations that prevail in society, generating unemployment, inflation, and poverty.

The maintenance of the elderly and the disabled under the primitive communal system was carried out, most likely, by virtue of custom. In a slave-owning society, there were no forms of providing for slaves in old age or in case of disability, but for veterans military service already in Ancient Greece pensions are introduced; in ancient Rome, service was rewarded by the provision of land.

The feudal period is characterized by the dominance of subsistence farming, the basis of which is the family, which is responsible for the material provision of the elderly and the disabled. During this period, state pensions begin to be distributed to major dignitaries, bishops, prefects and other persons who have services to the monarch. Thus, the pension at that time had the character of a reward, and not a provision for the disabled.

As the initial chronicle testifies, with the adoption of Christianity in Russia in 988, Prince Vladimir ordered: "Every beggar and wretched person should come to the prince's court, take food, drink and money from the treasury." He also took care of the creation of almshouses, hospices.

From this period, hospitals, hospitals, almshouses, orphanages, homes for illegitimate babies, pharmacies, workhouses, and strait houses began to be created in Russia. Under Catherine II, the first home for the disabled was established in Russia.

Russian legislation in the XIX century. divided the poor into four categories:

1. those who cannot earn their living by their labor;
2. those who, due to orphanhood and temporary illnesses, fell into need, but can work;
3. those who can work, but are begging through sloth and bad behavior;
4. those who, by chance, fell into extreme need.

Obviously. Such a "classification" of the needy was necessary to determine the nature of social support and the application of other measures to combat begging.

At the end of the XIX century. in the development of the social security system comes fundamentally new stage- social security of employees begins to be carried out on a legal basis, fixed by the state. As a way of organizing it, state social insurance of employees is being introduced. The first laws on compulsory state insurance were adopted in Germany during the reign of Bismarck. Following Germany, such laws are adopted in other European countries.

In the development of social security, one more milestone when, along with state and industrial social insurance of employees in countries with market economy national social security systems are beginning to take shape, covering the entire population and guaranteeing social assistance regardless of the payment of insurance premiums.

It was with the adoption of laws on compulsory social insurance of workers that state social security systems appeared. The state nature of these systems is expressed in the fact that the legislative and legal ways of implementing social security, which are subsequently supplemented by new ones; but one thing remains unchanged: the state itself makes them binding.

The state system of social security, as already mentioned, is a multifaceted phenomenon. This is not only a complex of socio-economic measures that guarantee social support to citizens, but also a complex legal entity that unites groups of norms that belong to various branches of law according to the types of regulated social relations.

Formation of the pension system. The first stage of the implementation of pension reform in Russia is associated with the application of the Law of November 20, 1990 "On State Pensions in the Russian Federation". In connection with this law, the Pension Fund of Russia was created as an independent off-budget credit and financial system. In connection with the adoption of this law, privileged and detrimental pension systems were liquidated. The law fixed an equal legal assessment of all types of pensions labor activity and payment for it; consolidated the mechanism for preserving the real assessment of the pension by protecting it from inflation, thus preventing a decrease in the standard of living of pensioners. In its original version, the law fixed a fundamental provision, by virtue of which the minimum amount of pensions cannot be lower than the subsistence level.

The unified pension system in Russia did not last long. At the beginning of 1993, an intensive process of decodification of pension legislation began. Its beginning was the adoption on February 12, 1993 of another pension law - the Law of the Russian Federation "On pensions for persons who have served in the military, served in internal affairs bodies and their families." The persons provided for in this law were given the right to choose to receive a pension under one of the pension laws. The 1993 law fixed such a level of pension provision, which guarantees the receipt of a pension in the amount of up to 85% of the amounts allowance serviceman and without limiting the amount of pensions to a fixed maximum limit.

Formation of systems of other monetary payments to citizens in the order of their social security. In this case, we are talking about a system of benefits and compensations. Initially, maternity benefits were regulated by the Law of April 4, 1992 "On additional measures for the protection of motherhood and childhood", the norms of which were then incorporated into the Federal Law of May 19, 1995 "On state benefits to citizens with children", in connection with which the law of April 4, 1992 was declared invalid.

For the first time in our country, unemployment benefits are established. It is introduced in Russia by one of the first laws - dated April 19, 1991 "On Employment in the RSFSR". The Law of March 12, 1992 "On ritual allowance" for the first time in Russia introduces a ritual allowance, which is assigned to any person who has undertaken the funeral of the deceased. Subsequently, the norms of this law are incorporated into the Federal Law of January 12, 1996 "On Burial and funeral business", which introduced free funeral services to the entire population, and if such services were not provided, then the persons who took over the funeral of the deceased are paid a social allowance for burial. A number of other new benefits have been introduced: lump-sum benefits are provided for persons who have suffered in connection with their participation in the fight against terrorism; for medical workers who contracted HIV in the performance of their duties; in the event of a post-vaccination complication in citizens; for orphans left without parental care.

System formation social service. Along with the pension system of benefits, the system of social services was reformed as a necessary element of the state social security system. During the Soviet period, the provision of social security to citizens was not monetary form, and in the form of "in-kind support" was regulated mainly by acts of ministries and departments. Russia legislates this subsystem. Social services can also conditionally include medical care and treatment.

Currently providing citizens medical care and treatment is regulated by the Fundamentals of the legislation of the Russian Federation "On the protection of the health of citizens" adopted on July 22, 1993 by the Supreme Council of the Russian Federation.

The system of social services for the elderly, the disabled, and families with children also receives legislative consolidation. federal laws of August 2, 1995 "On social services for the elderly and disabled", of November 24, 1995 "On the social protection of disabled people", of December 10, 1995 "On the basics of social services for the population in the Russian Federation" provides for social services at home for the elderly and disabled people in need of constant assistance.

A system of social support is being formed in the form of social services provided to families with children, children deprived of parental care and guardianship; children in difficult life situations. To protect their rights, laws were adopted on July 24, 1989 "On the basic guarantees of the rights of the child in the Russian Federation", on December 21, 1996 "On additional guarantees for the social protection of orphans and children left without parental care."

A general description of the modern Russian social security system would be incomplete without taking into account social benefits. The main law that regulates the provision of benefits under the social security system is the Federal Law “On Veterans”, adopted in 1994 and set out in new edition Federal Law of January 2, 2000. The list of benefits has become quite wide and varied. However, the real situation with the guarantee of those rights that are enshrined in law is such that these rights are often declared. Many types of social services remain in short supply because they are not provided with appropriate public funding.

Social security can be organized in different forms, which are usually distinguished according to such criteria as:

• the circle of those provided;
• sources and methods of formation of funds to finance relevant activities;
• types of security;
• conditions and amounts of security;
• security agencies.

Based on these features, we can now distinguish the following organizational and legal forms of social security :

1. state (mandatory) social insurance;
2. social security through direct appropriations from the federal budget;
3. 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 Fundamentals 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 status of employees 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. actual socially significant circumstance that led to the deterioration financial situation.

social risk- this is the probability of deterioration of the financial situation as a result of the loss of earnings or labor income for objective socially significant reasons, as well as in connection with additional expenses for the maintenance of children and other family members in need of assistance, to meet the needs for medical and social services. This definition reflects the most significant signs of social risk:

• communication with public organization labor;
• intended nature;
• objective reasons for the occurrence.

State (mandatory) social insurance

The main organizational and legal form is. At present, it is being transformed in accordance with principles adequate to market relations.

Employees and other persons, the circle of which is determined by law, are subject to compulsory social insurance.
With regard to state (mandatory) social insurance, insured events can be a lack of demand for labor (unemployment), illness, disability, old age, death of a breadwinner, and others. Their list is established by law.

The essence of state social insurance lies in the decomposition of social risk between employers, employees and other employed persons subject to compulsory social insurance, and the state. Moreover, the loss of earnings and other indicated circumstances can be classified as a social (mass) risk and covered by compulsory social insurance only if they are caused by socially significant reasons that are valid from the point of view of the state. In particular, the loss of earnings can be the result 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; the need for medical care and treatment, natural disasters and other emergency events.

To finance state social insurance at the federal and local levels, centralized funds have been created that 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, the State Employment Fund of the Russian Federation. They are formed at the expense of insurance premiums of employers, various groups of the employed population, defined in the law, and subsidies from the state.

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 a profit necessary for the indexation of pensions, benefits and other social insurance payments.

In this way, state (mandatory) 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 medical assistance at the expense of extrabudgetary insurance funds.

Social security through direct appropriations from the federal budget

Another organizational form the exercise of the constitutional right of everyone to monetary payments and social services in cases established by law is provided by direct appropriations from the federal budget.

This form covers special subjects: civil servants, military personnel, private and commanding officers of the 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 for financing the social security of the specified contingent of persons are transferred to federal funds social insurance or allocated to the relevant ministries (for example, the Ministry of Defense of the Russian Federation) from the budget of the Russian Federation.

Social help

Another organizational and legal form of implementation of social security is social help. It is currently in the development stage. Legal basis for its creation, it was laid down by the following Federal Laws: No. 134-FZ of October 24, 1997 "On the Living Wage in the Russian Federation", No. 178-FZ of July 17, 1999 "On State Social Assistance", No. 201-FZ of November 20, 1999 "On Consumer basket as a whole for the Russian Federation.

Only low-income individuals and families should be recognized as subjects of social assistance, and the level of individual or average per capita income of a family should be recognized as the basis for the provision of social payments or services. If it is below the subsistence level, then the family (a citizen living alone) is considered poor and has the right to receive state social assistance. Thus, the right to social assistance is not conditional on participation in labor activity or payment of insurance premiums.

Financing of state social assistance is carried out at the expense of budgets various levels, as well as funds from the Republican and territorial funds for social support of the population.

In this way, state social assistance is a form of organizing the exercise of the right to social security by poor people outside of work and the payment of insurance premiums.

Within the framework of different organizational and legal forms, different types social security. At the expense of centralized off-budget social insurance funds, labor pensions (for old age, for disability, for the loss of a breadwinner), social insurance benefits (for unemployment, for temporary disability, for pregnancy and childbirth, etc.), insurance services for the provision of free for consumers of medical care under compulsory health insurance programs.

At the expense of direct appropriations from the federal budget, seniority 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 equated to them).

The 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 of age, disabled people of group I, and other types of compensation payments;
• lump-sum benefits to refugees and internally displaced persons;
• free provision of basic necessities (food, clothes, shoes);
• subsidies for the purchase of medicines, prosthetic and orthopedic products;
• subsidies for payment of public services;
• assistance to the elderly and disabled at home;
• semi-stationary and inpatient service the disabled and the elderly;
• keeping children in orphanages;
• providing first aid to the homeless in night residences and others.

Great difficulty in distinguishing between forms of social security causes the possibility of receiving the same types of payments from various sources. For example, to finance lump-sum benefits at the birth of a child for persons working on employment contract, the funds of the social insurance fund are used, and for non-working funds of local budgets.

Consequently, depending on the source of funding, payments of the same name can act both as types of social insurance and as types of social assistance.

Recently, local forms of social security have begun to develop at the expense of financial resources allocated under municipal social programs.

How are the professions of law and social welfare organizations different from others? Consider on practical examples! Whether you are studying this specialty, sorting through options, or just interested in the subject, be sure to read on.

General characteristics of the profession

It is immediately worth highlighting the basis on which the whole subject is built and educational process. This is, of course, the law: laws, regulations and various documents containing them. Next comes the litigation and its attendant disciplines.

Basic knowledge in jurisprudence is fully consistent with other legal disciplines. They will give you nothing more, nothing less. So what's the difference? And here the second part of the name of the specialty makes itself felt. A social welfare organization is a work with people who have problems in complying with civil norms.
Slope Details

According to the constitution, the Russian Federation is a social state. This means that social programs have the highest priority in the country's policy, and the law should be directed to their improvement and strengthening. Citizens, as the main value of such a state, are what it exists for.

In fact, in social programs arises great amount holes caused by a variety of, but no doubt familiar reasons. And the people who fall into these holes suddenly find themselves pulled out of the system. Or, even worse, put in the position of guilty without any reason. If the inconvenience of the former can be completely resolved by inquiries to the necessary places and re-registration of papers, then in the case of the latter, it often comes to court. And this is far from the worst thing that happens!

A lawyer from this direction must have the qualities of a philosopher, psychologist, economist, political scientist and financier. And they try to teach all this. If possible.

Application in practice

It is already clear how wide the application of the knowledge gained after training can be. Yes, they are limited to the legal industry, but in the legal industry they are practically not limited by anything. So, what choice is given to the graduate upon completion of training? You can realize yourself in:

• labor law;
• civil law;
• insurance business;
• social security law.

labor law

How can labor law be defined? This is the emergence, maintenance and termination of labor activity. In more detail, this is everything that happens from the moment an employee comes for an interview until he is fired (or he quits himself). What can happen in this interval? Yes, whatever! labor law is a fairly popular industry major cities where people change jobs most often, sometimes even several times a year. How can we avoid incidents here? And a lawyer can just solve them. For a fee.

To work in this area, you will need to complete a number of courses, get a license, but this is the easiest part. The main thing is that you will have the qualification of a lawyer upon completion of training.

Civil law

These are property and personal non-property relations of the parties. As far as the vague wording, the range of activities is so wide. Simply put, it is any thing whose belonging to someone raises questions. Market leader legal services for several years, but at the same time one of the most difficult aspects of the law. You will need perseverance, a good memory and a melancholy character. If this is not about you, then read on, everything is ahead!

Insurance business

There is probably not much to explain here. The insurance business, which has seriously developed in recent decades, is aimed at society, is clearly social character. Just what you need. Moreover, you will be welcome from both sides: both insurance companies interested in minimizing payments, and people interested in ensuring the opposite.

Social security law, constitutional law

These two subjects are taught separately. But in life they are very interconnected things. You will know the most about them, because they are your profile.
Working with people and working with laws. Ownership ethical standards. The ability to correctly analyze the situation and explain it to people. Ability to develop and review legal acts. All this is the law and the organization of social security.
Results

Work in this specialty requires analytical skills, attentiveness and good memory, the ability to quickly search for necessary information. Indeed, considering each specific situation, a lawyer needs not only to express his opinion on it, but to give an extremely accurate and correct explanation with references to all applicable laws and acts relating to it. In addition, it is desirable to have communication skills and emotional stability.

It is necessary to possess and develop in oneself such qualities as humanity and goodwill, tact, endurance and self-control, observation, initiative and responsibility, erudition. In a word, everything that people value so much in others. It is the social nature of the profession that is the key to it.

This profession requires quite a lot from a person, therefore, in the absence of necessary qualities it may seem very complicated. But if they are available, it will provide an opportunity to develop in several directions at once. Communication, accurate data and sober analysis at the right combination give a very interesting lifestyle.