Principles of JI. Classification of principles of social security law

The principles of social security law are fundamental ideas of state support for vulnerable groups. These guiding principles define the essence of the rules governing this area. Among other things, they reflect the public orientation of state policy. Further, the article will consider such issues as the concept, general characteristics and classification of the principles of JI.

Industry features

The principles of PSO, the concept and their contents are not textually fixed by law. There is currently no regulatory instrument or Code combining them. In this regard, researchers are forced to determine the principles and sources of JI, analyzing the current legislative provisions in this industry. It should be noted that, by virtue of Article 15 of the Constitution, international norms and treaties are an element of the country's legal system.

The concept and classification of the principles of JI

In the framework of state policy, a support program for the population has been developed. It implies a guarantee of social security in the event of the onset of an event. It is, in particular, about illness, labor injury, unemployment, large families, old age, pregnancy, childbirth, disability, poverty, loss of a breadwinner, etc. The principles of social security law are the foundation on which the system of norms that regulates the scope of state support for the population is built. . Moreover, this area of ​​activity of the government is influenced by events taking place in the economic and political spheres. Differentiation of fundamental provisions is carried out according to various criteria. Depending on the scope, there are:

1. General legal principles . They are common to all legal areas.
2. Intersectoral provisions. They reflect the common features of several areas of functioning.
3. Industry principles. They express the specifics of a particular sphere.
4. Intrasectoral provisions. They relate to specific institutions.
   

General principles

These should include provisions such as:

1. Warranty and recognition of the freedoms and legal capabilities of individuals and citizens in accordance with international standards.
2. Inalienability of non-property rights, their belonging to everyone from the moment of birth.
3. Equality of all before the court and the law.
4. The right of each entity to create associations to protect their own interests.
5. Equality of freedoms and legal opportunities for women and men, ways of their implementation.
6. Warranty protection of the state.

Intersectoral Provisions

These JI principles apply to several areas. Their norms govern relations relating to the exercise by citizens of their legal capabilities. Intersectoral provisions are:

1. Ensuring free development and a decent life for a person.
2. Prohibition of forced labor.
3. Providing state support for the family, fatherhood, childhood, motherhood, the elderly, the disabled.
   

Industry beginnings

These JI principles are formulated by many authors in different ways. Their quantity also differs. For example, Machulskaya identifies such JI principles as:

1. Financing from insurance premiums and the state budget.
2. Universality.
3. Differentiation of social support in accordance with the conditions of labor, natural and climatic conditions, length of service and other factors.
4. Complexity and versatility. These JI principles imply guaranteed state support in the event of any socially significant circumstance stipulated by law.

According to Tuchkova, the list of fundamental provisions includes:

1. Implementation of support at the expense of the budget and insurance premiums.
2. Differentiation of conditions, types, level of security in accordance with the labor contribution, means of need and other significant circumstances.
3. The obligation of the state to provide guaranteed support, not lower than the subsistence level.
4. The variety of types of social security.
5. Guaranteed assistance in cases of need due to circumstances related to the category of socially significant.
6. The participation of public organizations representing the interests of the population in the development, approval and implementation of decisions regarding the support of citizens and their protection.
   

Intrasectoral provisions

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

1. Targeting
2. Volunteering
3. Humanity.
4. Availability.
5. Priority support for minors who are in a difficult life situation.
6. Preventive focus.
7. Confidentiality.

The essence of the provisions

The content of the principles of JI is primarily reflected in the Constitution. The Basic Law provides that upon the occurrence of objective significant circumstances, everyone has the equal and equal opportunity to receive certain payments or services. The wording used in the Constitution is: "Everyone is guaranteed social security." Its essence is that the opportunity to get help cannot be limited on the grounds of race, gender, language, origin, property, official status, etc. Moreover, foreigners permanently living in the country have equal rights with Russian citizens to social security, if in international norms do not provide a different order. Meanwhile, the principle of universality should not be understood as an unconditional opportunity to receive benefits, payments or services. They are provided only on the grounds provided by law. For example, the right to receive a retirement pension comes upon reaching a specific age, the availability of experience of a certain duration.

Financing

The functioning of the social security system is carried out at the expense of insurance premiums and the budget. Concentration of funds is carried out in centralized funds of an off-budget nature. They act as independent financial and credit institutions. The main sources of funds are receipts from employers, FSP, as well as other categories of individuals. In addition, replenishment of funds is carried out by appropriations from the federal budget. Funds that are temporarily free may be invested. The income received from this is used to ensure the statutory activities of the funds.

FIU

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

1. Targeted collection and collection of contributions.
2. Financing the costs of state pensions of all kinds and other payments.
3. Implementation of measures to recover from citizens, employers, including those guilty of causing damage to the health of employees and other persons, amounts of compensation for occupational disease, labor injury, in case of loss of the bread-winner.

The Regulation on FIUs may provide for other functions.

Differentiation of the level and conditions of collateral

It consists in the application of special rules that 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 to the country. Differentiation is necessary to balance the material condition of citizens from individual groups who need additional protection. For example, these are people whose incomes are less than the subsistence level. Differentiation also ensures the restoration of the full status of socially unprotected groups (for example, people with disabilities).

Support versatility

This principle is implemented through the implementation of a set of measures laid down by the state in special targeted programs. They are accepted at the local, regional and federal levels. Moreover, in recent years, participation in the field of social protection of the population and commercial enterprises has been practiced - social partnership. Organizations develop special programs aimed at supporting the needy layers of citizens.

Conclusion

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