Social Security Law Study Guides. Social security law. Textbook for universities
The textbook reflects the current level of development of law social security, judicial practice on its implementation, debatable problems that require solutions. Particular attention is paid to consideration of issues related to the financing of the social security system, ensuring its sustainability and guarantee. The textbook also includes a section on the basics of regulation of social security abroad. The structure and volume of material presented in the textbook corresponds to the curriculum of the National research university "graduate School economy" and takes into account the latest provisions of legislation in this area. Its the main objective- to help students master basic theoretical knowledge on the problems of social security law and the ability to navigate the complex legislation of this industry. At the end of the chapters, questions for self-control are given. The textbook was prepared in accordance with the requirements of the Federal State Educational Standard of Higher Education vocational education third generation and includes the entire list of topics necessary to develop the required competencies and skills. Intended for bachelors, masters, graduate students educational institutions, practitioners and everyone interested in issues of social security law.
Book chapters
This chapter examines the basic principles of social security law. The chapter highlights the concept and classification of these principles, and also discusses in detail the general legal, cross-sectoral, sectoral and intra-sectoral principles of social security law
Disability in modern society socially produced and a cultural construct. Target social policy in the field of disability – an open and accessible society for everyone. The globalization of social policy should not be seen as a crude importation of American or European norms, but as a more complex process of adaptation, cultural transformation and the struggle for equality. Due to the increase in people with disabilities in Russia search is underway adequate model of social policy. The article analyzes two models of social policy in the field of disability - paternalistic (social security) and innovative (civil rights), as well as the possibilities of their application in the Russian social, economic and cultural context. Particular attention is paid to the phenomenon of disability and models of disability.
The article analyzes various features demand for urban public transport at the time immediately preceding the monetization of benefits, based on a population survey conducted in 2004 in St. Petersburg. This study made it possible to identify several population groups and describe each of them in terms of the elasticity of demand for a particular type of transport by income. In addition to traditional types of urban transport - trams, trolleybuses, buses and metro - city minibuses were studied as a commercial, but more “comfortable” and faster mode of transport. The results obtained during the study made it possible to test various hypotheses about the response of demand to changes in the organization of public transport and methods of its state regulation.
The article describes and analyzes the legislative politics of revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. The revolutionary legislators often used specific language in the new laws as a vehicle of justice, i.e. to make the people comply. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of authority. The revolutionary strategy used propaganda legislation, written in the language of lay people, which encouraged them to act according to the new law. It can be seen as a request for acts of the people to legitimize the soviets. On the contrary, the traditional strategy employed old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy was closed to the understanding of a lay audience and implied traditions of obeying the law written in familiar legal language, which in turn implied rational/legal justice. The second strategy had already become dominant after the first months of the Bolshevik revolution. This observation demonstrates that from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.
M.: Russian Economic University named after G.V. Plekhanov, 2011.
Edited by: V. Bychenkov Kaluga: KF RPA of the Ministry of Justice of Russia, 2010.
The collection presents materials prepared for the Third International Scientific- practical conference“Trends in the development of state, law and politics in Russia and the world” (Kaluga, April 30, 2010).
For specialists in the field of law, teachers, graduate students, students of higher educational institutions of law, for everyone who is interested in the problems of legal science.
The possibility of using relevant examples containing time characteristics, their clarity and persuasiveness in the process of studying the course “Legal Technique” is analyzed. The possibility of demonstrating the optimization of legal technology using correctly and clearly used time properties is considered.
The author of the article believes that Russian society for the first time faced with a Constitution that would cause as many criticisms as the current Constitution does Russian Federation. The most significant damage caused by the Constitution to the legislative system is that, contrary to the established domestic constitutional tradition, it has ceased to be a formative and system-forming document for this system. The Constitution is not the Fundamental Law of the state, and, therefore, the pinnacle of the legislative system. It's about about the system-forming and form-building functions of the Constitution, because legislation (in a broad or narrow sense) is a hierarchical system. Each type of normative acts included in it must occupy its own level, the position of which among others is determined by its legal force.
The article presents an analysis of the legal status of the Chamber of Control and Accounts of St. Petersburg in the light of the adoption Federal Law"About general principles organization and activities of control and accounting bodies of the constituent entities of the Russian Federation and municipalities." Particular attention is paid legal basis carrying out an audit of the effectiveness of public funds, as well as issues of interaction between the Chamber of Control and Accounts of St. Petersburg and the control bodies of intra-city municipalities.
This article is devoted to the legitimation and peculiarities of the application by courts and executive authorities of ex post and ex ante standards in the field of competition regulation. It considers ex post and ex ante postulates as legal principles related to the application of economic (including antimonopoly) legislation. The distinction between ex post and ex ante principles is made on the basis of two important criteria relating to the subjects of their application and the standards for evaluating decisions made. One of the most important goals of the article is to refute the widespread opinion among lawyers and economists that the legislator in the field of regulation of economic activity applies the ex ante principle and is not bound by the ex post principle, and the situation with the law enforcer looks exactly the opposite.
Edited by: A. M. Ablazhey, N. V. Golovko Novosibirsk: Novosibirsk State University, 2012.
The collection publishes reports from participants of the Xth Regional scientific conference young scientists of Siberia in the field of humanities and social sciences " Actual problems Humanities and Social Research". The book is intended for specialists in the field of social research, philosophy and theoretical problems of law, as well as everyone interested in the problems and prospects of social and humanitarian research. The proceedings were published with the financial support of the Council of Scientific Youth of the NSC SB RAS.
The article is devoted to the analysis of the right to hold counter-demonstrations, which is one of the manifestations of freedom of assembly. While emphasizing the value of this right as an element of a democratic society, the author acknowledges the risk of violent clashes between participants in public events holding opposing ideas. This circumstance dictates the need to establish proportionate restrictions on the right to counter-demonstrations, certain types of which are analyzed in this work.
This article analyzes the usage of legislation as a legal source in the Russian Empire through the phenomenon of the publication of law. The author argues that the absence of separation of executive, legislative and court powers had definite negative effects for lawmaking and enforcement. The legislative politics of Russian emperors could be analyzed using Jürgen Habermas’ concept of “representative publicity” (representative öffentlichkeit): to a large extent, the tsars considered law as both an assertion of authority and a means of governing. Their actions towards strengthening legality in the state (i.e. the compulsory publication of legislation) were in essence symbolic or theatrical. In fact, since the separation of laws from executive acts did not exist in imperial Russia, the legislation was published (or remained unpublished) exclusively for state administrators. The conflict in conceptions of legality between state and civil actors in the second half of the nineteenth century was not of a merely political nature. The article demonstrates that there was a public demand for publication of legislation; insufficient accessibility of legal information negatively influenced social and economic development in imperial Russia.
Bely A.V. IVF. 2010. No. 6. P. 97-114.
The article examines the development of norms of international governance in the global energy sector and applies an institutional approach to the development of the international legal regime of the Energy Charter. The definition of manageability is related to the development of international dispute resolution standards, which are quite widely presented in this document. In the general context of the issue of governability, Russia's interests are considered - protecting investments in the EU and encouraging environmental investments.
The work examines cultural aspects and law enforcement practice in the field of human rights in the Caucasus region. Various interpretations of the concept of human rights in the region, the connection of human rights issues with the socio-cultural characteristics of the region are discussed. Particular attention is paid to the development of the institution of the Commissioner for Human Rights (ombudsman) and other institutions of state human rights protection in the republics of the North Caucasus and in the countries of Transcaucasia. The specificity of the “man-power” relationship in the region is shown. Sociocultural aspects in the field of human rights in the Caucasus are highlighted in the context of the problem of combating terrorism, and law enforcement practice is highlighted in the context of a combination of four legal systems: adat (customs), Sharia, secular law and international law.
The textbook can be used when mastering the professional module “Ensuring and realizing the rights of citizens in the field of pensions and social protection"(MDK 01.01 "Social Security Law" in the specialty "Law and Organization of Social Security").
The textbook discusses the main issues related to the pension provision of citizens, providing them with benefits, compensation payments, state social assistance, as well as issues of providing citizens with social services and other benefits in kind.
For students of secondary vocational education institutions, as well as persons interested in social security issues.
THE CONCEPT OF SOCIAL SECURITY.
Typically, definitions of a particular concept are given in codified legal acts that have higher legal force compared to other regulations. Many definitions are directly contained in industry codes, for example, in land, criminal, family, labor and other codes. There is still no legislative recognition of the concept of “social security”, just as there is no codified act on social security itself. For this reason, we are faced with different interpretations of the very concept of “social security”. It is often confused with other, similar terms, such as social protection. Therefore, first we will consider what is meant by social protection.
The Constitution of the Russian Federation of 1993 does not include social protection of the population as a legal definition. Reveal it general meaning and the content is also impossible due to the different uses of the term, and sometimes inconsistency in designating the corresponding range of social relations related to the concept of social protection of the population. In common usage, the word “protection” means “to protect someone or something; protect, protect from something; that which protects serves as a defense.” Based on this, protection in combination with the meaning of the term “social” should be understood as a complex of various political, economic and legal measures state and society.
Table of contents
Preface
A COMMON PART
Chapter 1. Concept and development of social security
1.1. Main stages of development and establishment of social security systems
1.2. Social security concept
1.3. Social Security Functions
1.4. Forms of Social Security
Chapter 2. Financial basis of social security
2.1. General concept financial basis of social security
2.2. Pension Fund of the Russian Federation
2.3. Social Insurance Fund of the Russian Federation
2.4. Federal Compulsory Medical Insurance Fund
2.5. Funds from the state budget of the Russian Federation
Chapter 3. Concept, subject and method, system of social security law
3.1. General concept of social security law
3.2. Subject of social security law
3.3. Social Security Law Method
3.4. Social Security Law System
Chapter 4. Principles of social security law
4.1. Concept of principles of law
4.2. Contents of the principles of social security law
Chapter 5. Sources of social security law
5.1. The concept of sources of social security law and their classification
5.2. General characteristics of the sources of social security law
Chapter 6. Legal relations on social security
6.1. Concept and types of legal relations regarding social security
6.2. Subjects, object and content of legal relations on social security
6.3. Classification of social security legal relations
6.4. Pension legal relations
6.5. Legal relations regarding benefits and compensation payments
6.6. Legal relations regarding the provision of benefits in kind under the social security system
6.7. Procedural and procedural legal relations in social security
SPECIAL PART
Chapter 7. Work experience
7.1. Concept, types and meaning of work experience
7.2. Calculation and confirmation of experience
Chapter 8. Pension provision
8.1. General characteristics of the pension system
8.2. Labor old-age pensions
8.3. Labor pensions for disability
8.4. Labor pensions in case of loss of a breadwinner
8.5. Recalculations, indexation, adjustment of labor pensions
8.6. Applying for a labor pension, its appointment, recalculations
8.7. Payment of labor pension
8.8. Maintaining the right to early retirement pensions
8.9. Assessment of pension rights
8.10. State pensions
Chapter 9. Benefits, monetary compensation under the social security system
9.1. Characteristics of benefits and monetary compensation on social security
9.2. Temporary disability benefit
9.3. Benefits in connection with maternity, paternity and childhood
9.4. Unemployment benefit
9.5. Other social benefits
9.6. Compensation payments
Chapter 10. Medical care and treatment
10.1. The concept of medical care and its types
10.2. Medicinal assistance
10.3. Spa treatment
Chapter 11. Social services
11.1. Concept and principles of social service
11.2. Forms and types of social services and social services
11.3. Social rehabilitation of disabled people
Chapter 12. State social assistance
12.1. Formation of a system of state social assistance
12.2. Types, amounts and procedure for providing state social assistance
Accepted abbreviations.
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Social security law. Mironova T.K.
M.: 2015. - 312 p.
The issues of the General part of the industry are briefly reflected. The main attention is paid to the institutions of the Special Part - the basic provisions that determine the key parameters of the domestic social security system and the main approaches to regulating relevant relations. Their content is presented taking into account the latest legislation on social security. Issues related to pension provision for citizens, ensuring their social benefits, compensation and insurance payments, providing them with medical care and social services. Prepared in accordance with the requirements of the Federal State Educational Standard and curriculum in the course “Social Security Law”. For everyone who studies social security law in higher education institutions, teachers, graduate students of law universities and faculties, students of the system of advanced training and retraining, and practical workers. It will be useful to a wide range of readers interested in the current state of legal regulation of social security in Russia.
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TABLE OF CONTENTS
Preface 6
INTRODUCTION TO GENERAL PART 13
Test questions and assignments 26
SPECIAL PART 27
Chapter 1. LABOR AND INSURANCE EXPERIENCE 27
§ 1. Concept and classification of length of service in social security law 27
§ 2. Periods included in the insurance period and the procedure for its calculation 30
§ 3. Periods included in the length of service and the procedure for calculating it 35
§ 4. Confirmation of insurance and work experience 41
Test questions and tasks 43
Chapter 2. GENERAL CHARACTERISTICS OF THE RUSSIAN PENSION SYSTEM 45
§ 1. Concept, types, structure of pensions 45
§ 2. The circle of persons covered by labor and state pensions 50
§ 3. The right to simultaneously receive two pensions 54
§ 4. Basic principles for determining pension amounts 55
§ 5. Payments from pension savings 57
Test questions and assignments 60
Chapter 3. OLD AGE PENSION 61
§ 1. The concept of old-age pension 61
§ 2. Conditions for granting an old-age pension 63
§ 3. Amount of old-age pension 71
Test questions and tasks 83
Chapter 4. DISABILITY PENSION 84
§ 1. The concept of disability pension 84
§ 2. Conditions for granting a disability pension 86
§ 3. Amount of disability pension 91
Test questions and assignments 100
Chapter 5. PENSION IN THE CASE OF LOSS OF A BRIENDSHIP 101
§ 1. The concept of a survivor's pension 101
§ 2. Conditions for granting a pension in case of loss of a breadwinner 104
§ 3. Amount of pension in case of loss of a breadwinner 110
Test questions and assignments 117
Chapter 6. PENSIONS FOR SENIOR SERVICE 119
§ 1. The concept of a long-service pension 119
§ 2. Conditions for assigning a pension for long service 122
§ 3. Amount of long-service pension 128
Test questions and assignments 136
Chapter 7. ADDITIONAL PENSION AND MATERIAL SUPPORT. ASSIGNMENT, RECALCULATION, PAYMENT OF PENSIONS 138
§ 1. Pension and material support for certain categories of citizens 138
§ 2. Insurance and state supplements to pensions 143
§ 3. Procedure and terms for assigning pensions 148
§ 4. Recalculation, indexation, adjustment of pensions 151
§ 5. Payment of pensions. Responsibility of subjects of pension legal relations 154
Test questions and assignments 157
Chapter 8. COMPENSATION FOR DAMAGE FROM OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES 159
§ 1. Compulsory social insurance against industrial accidents and occupational diseases 159
§ 2. Right to insurance security 162
§ 3. Amounts of insurance payments in connection with an accident at work and occupational disease 165
§ 4. Assignment, recalculation and payment of insurance coverage 169
Test questions and assignments 174
Chapter 9. SOCIAL SECURITY BENEFITS 175
§ 1. Concept and classification of benefits under the social security system 175
§ 2. Temporary disability benefits 179
§ 3. Benefits provided in connection with pregnancy and childbirth 189
§ 4. Monthly child care allowance 193
§ 5. Child benefits 197
§ 6. Unemployment benefits 203
Test questions and assignments 209
Chapter 10. COMPENSATION PAYMENTS, SUBSIDS AND OTHER MONETARY PAYMENTS 210
§ 1. Compensation payments 210
§ 2. Housing subsidies 214
§ 3. Monthly cash payments 219
§ 4. Maternal (family) capital 224
§ 5. Social supplement to pension 229
Test questions and assignments 232
Chapter 11. MEDICAL CARE 234
§ 1. Health protection and medical care 234
§ 2. Types and forms of medical care 236
§ 3. Right to medical care 238
§ 4. Free medical care 240
§ 5. Medical examination 245
§ 6. Medicine provision 247
§ 7. Sanatorium-resort treatment 249
Test questions and assignments 252
Chapter 12. STATE SOCIAL ASSISTANCE. SOCIAL SERVICES 254
§ 1. State social assistance: natural types of support 254
§ 2. Social services in social service institutions 259
§ 3. Social and professional rehabilitation of disabled people, their employment 265
§ 4. Social support orphans and children left without parental care 269
Test questions and assignments 276
APPENDIX 278
LITERATURE 298
Resolutions of the Constitutional Court of the Russian Federation on social security issues 301
List of regulatory legal acts 305
Social security law is an actively developing branch of Russian law, which is characterized by a not fully formed General Part and an extremely dynamic Special Part. Despite the ongoing formation of the General Part, the existing educational and educational literature provides students with basic ideas in the field of industrial theoretical knowledge.
The greatest difficulties in studying the industry are caused by the Special Part due to private changes in legislation, which includes a significant number of laws. Their number is constantly increasing, and their content is becoming more complex. It is laws that form and consolidate the most important human rights in the field of social security. In this regard, the manual focuses on the basic legal provisions that define the key parameters of the domestic social security system and the main approaches to regulating relevant relations.
The textbook was prepared in accordance with the Federal State Educational Standard for Higher Professional Education in the discipline “Social Security Law”. It examines, on the basis of modern legislation, the most important issues relating to the pension provision of citizens, the provision of social benefits, compensation and insurance payments, the provision of medical care and social services to them.
The textbook is devoted to theoretical issues of social security law, the doctrine of public risks, and international social security law. The publication has been prepared taking into account latest changes in legislation, provided control questions and self-test tasks, well structured and contains illustrative examples and statistical data.
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