JI Principles. Classification of the principles of social security law

представляют собой основополагающие идеи государственной поддержки незащищенных слоев населения. The principles of social security law are the basic ideas of state support for the unprotected strata of the population. These guiding principles determine the essence of the rules governing this sphere. роме прочего, они отражают общественную направленность политики государства. To the rum, they reflect the public orientation of state policy. Further in the article will be considered such issues as the concept, general characteristics and classification of the principles of the PCP.

Features of the industry

текстуально законодательством не закрепляются. Principles of PCP, the concept and their content are not legally fixed by the legislation. Currently there is no unifying regulatory act or Code. In this regard, researchers are forced to determine the principles and sources of JI, analyzing the current legislative provisions in this industry. At the same time, it is necessary to take into account that, by virtue of article 15 of the Constitution, international norms and treaties are an element of the country's legal system.

Concept and classification of JI Principles

Within the framework of the state policy, a program to support the population has been developed. It assumes a guarantee of social security in case of occurrence of this or that event. являются фундаментом, на котором выстраивается система норм, регулирующая сферу поддержки населения со стороны государства. The principles of the social security law are the foundation on which the system of norms that regulates the sphere of state support for the population is being built up, on the part of the state, . At the same time, this direction of the government's activities is influenced by events taking place in the economic and political spheres. Differentiation of fundamental positions is carried out on different grounds. Depending on the scope of action, they are:

1. . General legal principles . They are inherent in all legal spheres.
2. Cross-sectoral provisions. They reflect the common features of several areas of functioning.
3. Industry principles. They express the specifics of a particular sphere.
4. Intra-industry provisions. They concern specific institutions.

General Legal Principles

These should include such provisions as:

1. Guarantee and recognition of the freedoms and legal capabilities of the individual and citizen in accordance with international standards.
2. Non-alienation of non-property rights, their belonging to everyone from the moment of birth.
3. Equality of all before the court and law.
4. The right of each subject to create associations to protect their own interests.
5. Equality of freedoms and legal opportunities for women and men, ways to implement them.
6. Guaranteed state protection.

Cross-sectoral provisions

относятся к нескольким сферам. These principles of JI are related to several areas. Their norms regulate relations relating to the realization by citizens of their legal capabilities. Cross-sectoral provisions are:

1. Ensuring free development and a dignified human life.
2. Prohibition of forced recruitment to work.
3. Provision of state support for the family, paternity, childhood, maternity, elderly, disabled.

Branch Starts

формулируются многими авторами по-разному. These principles of PCP are formulated by many authors in different ways. Their number also differs. , как: For example, Machulskaya singles out such JI principles as:

1. Financing from the means of insurance premiums and the state budget.
2. The universality.
3. Differentiation of social support in accordance with the conditions of work, natural and climatic conditions, length of service and other factors.
4. Complexity and versatility. предполагают гарантированность государственной поддержки в случае наступления любого общественно-значимого обстоятельства, предусмотренного законодательством. These principles of the PCA presuppose the guarantee of state support in the event of the onset of any socially significant circumstance provided for by law.

According to Tuchkova, the list of fundamental provisions includes:

1. Implementation of support from the budget and insurance premiums.
2. Differentiation of conditions, types, level of security in accordance with labor contribution, causes of need and other significant circumstances.
3. The duty of the state to provide guaranteed support, not lower than the subsistence level.
4. Variety of types of social security.
5. Guaranteed assistance in cases of need due to circumstances that are classified as socially significant.
6. Participation of public organizations representing the interests of the population in the development, approval and implementation of decisions related to the support of citizens and their protection.

Intra-industry provisions

In the domestic legislation, there is a tendency to consolidate these foundations directly in normative acts. For example, Article 5 of the Federal Law No. 195 includes such JI principles as:

1. Targetedness.
2. Voluntariness.
3. Humanity.
4. Availability.
5. Priority support for minors who are in a difficult life situation.
6. Prophylactic orientation.
7. Confidentiality.

The essence of the provisions

в первую очередь отражено в Конституции. The content of the JI Principles is primarily reflected in the Constitution. The Basic Law provides that when objective, significant circumstances occur, everyone has an equal and equal opportunity to receive certain payments or services. The Constitution uses the wording: "Everyone is guaranteed social security." Its essence is that the opportunity to receive assistance can not be limited by race, sex, language, origin, property, job status, etc. At the same time, foreigners permanently residing on the territory of the country have equal rights with Russian citizens if in international Norms do not provide for a different procedure. Meanwhile, one should not understand the principle of universality as an unconditional opportunity to receive benefits, payments or services. They are provided only on the grounds provided for by law. For example, the right to receive a labor pension comes when you reach a specific age, the existence of a certain length of service.

Financing

The functioning of the social security system is carried out at the expense of insurance contributions and the budget. The concentration of funds is carried out in centralized funds of an extrabudgetary nature. They act as independent financial and credit institutions. The main sources of funds are income from employers, PBUHL, as well as other categories of natural persons. In addition, the replenishment of funds is carried out by appropriations from the federal budget. Funds that are temporarily free can be invested. The income derived from this is used to ensure the statutory activities of the funds.

FIUs

Tariffs for insurance premiums are set annually. The value is determined as a percentage of all revenues, including under civil law contracts for the provision of services and work. The list of payments from which contributions to the FIU are not accrued is approved by government decree No. 546 of 07/05/1997. The tasks of the Pension Fund include:

1. Target collection and collection of contributions.
2. Financing of expenses for state pensions of all kinds and other payments.
3. Implementation of measures to collect from citizens, employers, including those guilty of causing damage to health to workers and other persons, compensation for occupational diseases, labor injury, loss of bread-winner.

The Regulations on the FIU may provide for other functions.

Differentiation of the level and conditions of provision

It consists in the application of special norms, which establish additional social security rights for citizens of certain categories. In particular, these are people who do not have the opportunity to implement general provisions or have special merits before the country. Differentiation is necessary to balance the material condition of citizens from individual groups that need additional protection. For example, they are people whose incomes are lower than the subsistence level. Differentiation also ensures the restoration of a full status of socially unprotected groups (for example, disabled people).

Universality of support

This principle is realized through the implementation of a set of measures laid down by the state in special targeted programs. They are taken at the local, regional and federal levels. At the same time, participation in the sphere of social protection of the population and commercial enterprises has recently been practiced - social partnership. Organizations are developing special programs aimed at supporting the needy strata of citizens.

Conclusion

At present, Russia is in a rather difficult situation. Foreign policy developments have a negative impact on the economy. Accordingly, new circumstances constantly appear within the state, as a result of which certain categories of citizens lose their means of subsistence, fall into difficult life situations, bear additional costs and risks. All these people need short-term social support. Responding to all the new kinds of ills that arise regardless of the will of citizens, the legislation is changing rapidly. The state is constantly working on support programs, seeking funds for their implementation.