Role and place social security in the life of society is determined by what functions it performs, what basic problems of society it allows to solve. This circumstance is noted by the majority of scientists, and there are no significant differences in the views of specialists regarding the number of social security functions and their content.
V general theory law, the prevailing opinion is that the function of law is the direction of legal influence on social relations through the solution of a set of homogeneous tasks united by a single goal. From the above definition, it can be seen that the core of the function is the goal. In this regard, the functions of social security as a socially useful activity were also formulated based on the goals of social policy Russian Federation.
If we follow this meaning of the functions of social security, then among them the following should be distinguished:
1) economic;
2) protective;
3) political;
4) social rehabilitation;
5) demographic;
6) production.
One of the most important functions of social security is the economic function. It consists in full or partial replacement of earnings or other source of livelihood lost due to age, disability or loss of a breadwinner, partial reimbursement of additional expenses in the event of certain life circumstances, as well as the provision of minimal monetary or in-kind assistance to poor citizens.
The protective function of social security involves both economic measures on the part of the subjects of social security, and legal ones. The protective function of social security is implemented by industries that are both public and private. Social security law is one of the public branches.
There are two different protective phenomena in social security:
1) protection of social rights;
2) protection of social rights.
At the same time, the protection of social rights is a set of various interrelated measures carried out by bodies state power, organs local government and public associations, and aimed at preventing violations of human social rights or removing obstacles, which are not offenses, in the way of exercising his rights. Protection is understood as a legal way of restoring a violated human right, enforced against an obligated person, either by the authorized person himself or by the competent authorities.
The social rehabilitation function puts its main task restoration of the social status of disabled citizens and other socially weak groups of the population by providing them with various kinds material security and social services in order to avoid impoverishment and maintain a decent standard of living that allows them to feel like full members of society.
The political function of social security helps to maintain stability in a society in which there are significant differences in the standard of living of various segments of the population. It allows the state to implement the main directions of social policy by means specific to social security. The state of social peace in society depends on how effectively social security performs its political function.
So, social the provision performs various functions, affects social relations in various directions and with the help of various kinds of economic, political and legal means, thereby fulfilling its purpose - creating a person worthy of his living conditions.
The functions of social security are recognized as the directions of influence on society and its nature, determined by the intended purpose.
Between society as a system, together with its elements and social security, there is a chain of links. Social security is affected by society and its elements. This impact is decisive and primary.
But there are also feedback: social security, with the help of its functions, also affects the factors that determine it. Social security, performing these functions, acts as an active factor in the development of society.
The impact on society is carried out by social security as an integral system. But at the same time, each of the main areas can be affected by a specific function. Since society is divided into five main areas: social, economic, spiritual and ideological, political and family, it is necessary to distinguish between social, economic, spiritual and ideological, demographic, political functions of social security.
Classification of social security functions
economic function social security lies in its positive impact on the needs and interests of people as participants in the production process, on the economy as a whole. It has an internal complex structure and consists of a number of interrelated subfunctions: provision, distribution and production.
With the help of the distributive subfunction, specific material services and benefits are brought to the consumer in a special economic way. This subfunction includes methods of concentrating funds in funds and distributing them for various purposes - these are the actions of state bodies, organizations, local governments, to allocate funds to funds that are intended for social security, but the direction of these funds for the payment of benefits, pensions and services for pensioners.
The essence of the security function is to maintain a decent material well-being of persons for whom social security funds (benefits, pensions) are a source of livelihood in order to prevent the impoverishment of the people.
The production subfunction includes increasing labor productivity and stimulating citizens, releasing labor resources from disabled and elderly workers and reproduction work force by creating favorable conditions for the formation of the ability to work in minors. Thus, social security contributes to economic reforms and the creation of market relations.
The social function shows the relationship between the social subsystem of society and social security. The activities of social security are aimed at mitigating, preventing and eliminating the consequences of the onset of various life situations. V social function, depending on the specific life situation, compensatory, protective and rehabilitation subfunctions can be distinguished.
The compensatory subfunction is a compensation for lost income or earnings, as well as increased expenses in the event of loss of income or earnings, a decrease in the level of material security due to retirement due to disability, old age, in the event of the birth of a child, unemployment, loss of a breadwinner, an increase in retail prices for commodities.
The protective subfunction is carried out by protecting a person from the adverse consequences of the onset of life situations, namely: illness, old age, disability. Also from the consequences of the transition to a market economy (for example, unemployment). All this happens through the payment of allowances, pensions, material assistance and the provision of services.
The rehabilitation subfunction consists in restoring the physical and other abilities of the disabled, namely, adapting them to work. Such a sub-function will be carried out with the help of such types of support that will help restore the citizen’s ability to work and involve him in labor activity (temporary disability benefits, disability pensions, maternity and pregnancy pensions, vocational training and employment for disabled people, supplying them with means of transportation and prosthetic devices). orthopedic products).
The political function includes the link between politics and social security, but above all social policy. The goals of social policy are realized with the help of such means as social security. Its institutions and institutions contribute to the practical implementation of the socio-political measures that have been outlined by the state. An important role in solving a number of general tasks of social policy in the modern period is played by social security: it improves the material situation of its various strata and groups, prevents a further decline in the living standards of the population, and reduces the growth of social tension in society.
The spiritual and ideological function is characterized by the presence of a connection between the spiritual and ideological sphere of society and social security. Since social security interacts not only with social sphere, but also with its elements, namely, different levels and forms of social consciousness, but above all with morality, ideology and social psychology. Thus, as part of this function, one can single out a socio-psychological, ideological and moral sub-function.
The socio-psychological sub-function is based on the connection between social psychology and social security. Social security can contribute to the realization of people's confidence and their social security in the future, and thus have a positive impact on the development of social psychology.
The ideological sub-function represents the relationship between ideology and welfare. Ideology reflects the views of strata of society and classes on different sides public life, also on social security, has an active influence on its essence and character. In general, effective social security has a positive effect on people's minds, while strengthening their confidence in the state.
The moral sub-function relates social security to the ethical beliefs that exist in society. What matters here are the ethical views of society on the attitude of the disabled, the poor, the elderly and children. Social security provides material assistance to economically inactive citizens, provides for families that have lost a breadwinner, and provides assistance in raising children. Also, social security, due to the moral subfunction, helps to strengthen the moral principles in society.
The demographic function means that social security has an impact on the demographic processes that take place in society. Since the state of social security depends on the nature of demographic processes and the demographic structure of the population. Thus, social security has an active beneficial effect on demographic processes. The content of the demographic function includes the strengthening and development of the family, material incentives for its creation, as well as increasing the birth rate.
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"Social Security Functions"
Introduction
The Constitution of the Russian Federation determines that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In the Russian Federation, labor and health of people are protected, a guaranteed minimum size wages, state support is provided for the family, motherhood, fatherhood and childhood, the disabled and the elderly, the system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established. In this norm, general view the targets and tasks are reflected, the solution of which is associated with the provision of decent living conditions for all members of society and the creation of equal and fair opportunities for the development of each individual.
The achievement of these goals is the content of the social function of the state, implemented within the framework of its social policy on the basis of regulatory and organizational mechanisms. Social security law as an education system Russian law is a complex industry. The emergence and development of complex industries is due to the need legal regulation public relations that combine public law and private law principles. The main distinguishing feature of a complex branch of law is the inclusion in its system of norms originally related to other branches. The functions of law are the main directions of its influence on social relations, on people's behavior. The function of law in literature is also understood as its social purpose. Through the functions, the tasks that are set before law as a social institution are carried out.
1. The concept of social security functions
Social security is a form of expression of the social policy of the state, aimed at material support for a certain category of citizens from the state budget and special off-budget funds in the event of the occurrence of events recognized by the state as socially significant (for this stage development) in order to equalize the social position of citizens in comparison with other members of society. The role and place of social security in the life of society is determined by what functions it performs, what main problems of society it allows to solve. The most important function of social security is the payment of pensions to citizens - monthly cash payments to disabled citizens in connection with their past labor or other socially useful activities.
Pension relations in our country are regulated by the Law "On State Pensions in the RSFSR" dated November 20, 1990, subject to amendments and additions made by subsequent laws of the Russian Federation and others. regulations. The significance of social security in the life of society is determined by what functions it performs, what basic problems of society it allows to solve. The purpose of the social security system is manifested in its functions. There are no significant differences in the views of scientists regarding the classification of social security functions, however, there are differences in the wording of the functions themselves and in their number. Of course, one of the main functions is the economic function of social security. Its essence lies in the fact that the state uses social security as one of the ways to distribute part of the gross domestic product, thereby exerting a certain impact on the equalization of personal incomes of citizens by providing material benefits (pensions, allowances, compensations, social services, etc.) instead of lost earnings or along with it in the event of the occurrence of social risks specified in the laws.
The social (social rehabilitation) function of social security contributes to maintaining the social status of citizens in the event of various social risks (illness, disability, old age, death of the breadwinner, unemployment, poverty) by providing various types of material support, social services, benefits in order to maintain a decent standard of living and prevention of impoverishment. With the help of the social function, the rehabilitation direction of social security is also carried out, the purpose of which is to restore (in whole or in part) the full-fledged life of a person, allowing him to study, work, communicate with other people, serve himself independently, etc. The political function allows the state to be specific to the social providing the means to implement the main directions of social policy. The Constitution of the Russian Federation enshrines the provision that Russia is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person.
Social policy as a purposeful impact of the state on the living conditions of people in order to implement constitutional provisions is carried out mainly through the social security system. Thus, in 1999, the Federal Law introduced a new basis for the provision of social security in the form of state social assistance - poverty. Consequently, a new subject of social security appeared - citizens with a per capita income below the subsistence level. Social tension in society on present stage indicates that the state Russian system social security does not meet the needs of the population. The demographic function is implemented through the impact of the social security system on many demographic processes - life expectancy, population reproduction, birth rate stimulation, etc. Thus, the extremely low level of pension provision, which led to a sharp reduction in the consumption of pensioners, caused high mortality among the elderly. The absence of an effective system of social assistance to families with children will certainly lead to a significant decline in the birth rate in the country, and so on.
1.1 Types of social security functions
In the legal literature, two types of functions of social security law are distinguished: proper legal and social. Actually legal functions consist of basic functions (regulatory and protective) and non-basic (compensatory, remedial and restrictive). Social functions are divided into five main functions of social security: economic, political, demographic, socially rehabilitative and preventive. The economic function consists in partial compensation of earnings or other labor income lost due to unemployment, disability, as well as intra-family support in connection with the loss of a breadwinner; in partial compensation of additional expenses caused by the onset of certain life circumstances (for example, the presence of children); in the provision of minimal monetary, in-kind and other assistance to the unemployed, low-income individuals and families; in the provision of free medical and social services for the consumer within the state minimum standards (for example, drug care).
The sources of financing social security are the unified social tax (UST), funds from budgets of various levels, insurance premiums, as well as other revenues established by law. Part of the UST is transferred in the form of insurance premiums to off-budget funds: Pension Fund Russian Federation (PFR), Federal and Territorial Compulsory Medical Insurance Funds (FOMS), Social Insurance Fund of the Russian Federation (FSS). Funds are federal property. The political function of social security contributes to the easing of social tension in society, generated by excessive differences in the standard of living of various segments of the population. The political function allows the state to implement the main directions of social policy by means specific to social security. The Constitution of the Russian Federation enshrines the provision that Russia is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. Everyone is guaranteed social security for old age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law. State pensions and social benefits are established by law. Voluntary social insurance, the creation of additional forms of social security and charity are encouraged. The demographic function is implemented through the impact of the social security system on many demographic processes: life expectancy, population reproduction, birth rate stimulation, etc. Thus, the extremely low level of pension provision, which led to a sharp reduction in the consumption of pensioners, caused high mortality among the elderly. The absence of an effective system of social assistance to large families, of course, entails a significant decrease in the birth rate in the country, and so on.
The protective or protective function of social security involves both economic measures on the part of the subjects of social security, and legal ones. The protective function of social security is implemented by industries that are both public and private.
There are two different protective phenomena in social security:
Protection of social rights;
Protection of social rights.
At the same time, the protection of social rights is a set of various interrelated measures carried out by state authorities, local governments and public associations, and aimed at preventing violations of human social rights or removing obstacles that are not offenses in the way of exercising his rights. Protection is understood as a legal way of restoring a violated human right, enforced against an obligated person, either by the authorized person himself or by the competent authorities.
2. The procedure for exercising the functions of the Pension Fund in the field of social security
social security pension fund
The Pension Fund of the Russian Federation (PFR) was established in connection with the adoption of the Law of the Russian Federation "On State Pensions in the Russian Federation" dated November 20, 1990. Article 8 of the said Law provides that the financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund RF at the expense of insurance premiums of employers, citizens and appropriations from the federal budget. The Pension Fund of Russia is an independent financial and credit institution operating in accordance with the legislation of the Russian Federation. Cash, accumulated in the Pension Fund of the Russian Federation, are in the state ownership of the Russian Federation, are not included in the budgets, other funds and are not subject to withdrawal.
Target collection and accumulation of insurance premiums, as well as financing of expenses provided for by the Regulations;
Organization of work to recover from employers and citizens guilty of causing harm to the health of workers and other citizens, the amount of state disability pensions due to an industrial injury, occupational disease or loss of a breadwinner;
Capitalization of PFR funds, as well as attraction of voluntary contributions to it from individuals and legal entities;
Control, with the participation of tax authorities, over the timely and complete receipt of insurance premiums by the Pension Fund of the Russian Federation, as well as control over the correct and rational use of its funds;
Organization and maintenance of individual (personalized) records of insured persons.
Functions of the department of social protection of the population in the field of pension provision:
Carries out control over the spending of funds intended for pension provision;
Reception of citizens, representatives of enterprises, institutions and public organizations on issues of pension legislation, gives the necessary advice, provides legal assistance in the preparation of documents;
Considers complaints, applications and proposals of citizens and organizations on pension issues and prepares responses to them; analyzes the causes of complaints and applications and takes measures to eliminate them; etc.
In accordance with the Federal Law "On Non-State Pension Funds", non-state pension funds are a special organizational and legal form non-profit organization social security, the exclusive activities of which are:
Activities for non-state pension provision of fund participants in accordance with non-state pension provision agreements;
Activities as an insurer for compulsory pension insurance in accordance with the Federal Law of December 15, 2001 N 167-FZ "On Compulsory Pension Insurance in the Russian Federation" and agreements on compulsory pension insurance;
Activities as an insurer for professional pension insurance in accordance with federal law and agreements on the creation of professional pension systems.
The amount, conditions and procedure for making contributions and making payments are determined by an agreement between the non-state pension fund and the insured.
2.1 The procedure for the implementation of functions by the social protection body in the field of social security
Social protection of the population in the broad sense of this concept is a set of socio-economic measures carried out by the state and aimed at providing disabled citizens of the Russian Federation with labor pensions for old age, disability, survivors, long service, social pensions, temporary disability benefits, pregnancy and childbirth, for the maintenance of children, for unemployment, for burial, the provision of targeted assistance to the poor, assistance to citizens who find themselves in extreme situations, including refugees and migrants, for sanatorium treatment, maintenance in homes for the elderly and disabled, providing disabled people vehicles, prosthetic and orthopedic products, vocational training and retraining of disabled people, their employment, for the creation of a complex of new social services - centers social service population, social assistance at home, social shelters for children, social hotels, etc.
The sources of financing of social protection of the population are the state off-budget social funds: the Social Insurance Fund, the Pension Fund, the State Employment Fund, the Compulsory Medical Insurance Fund. The Social Insurance Fund of the Russian Federation is a specialized financial and credit institution under the Government of the Russian Federation. The main task of the Social Insurance Fund is to provide state-guaranteed benefits for temporary disability, pregnancy and childbirth, at the birth of a child, for caring for a child up to one and a half years old, for burial, for sanatorium treatment and rehabilitation of employees and their families.
Funds social support of the population are spent on additional (above-budgetary) financing of activities in the following areas:
Providing in-kind assistance in the form of basic necessities (food, clothing, footwear) free of charge or at subsidized prices;
Providing subsidies for the purchase of medicines, prosthetic and orthopedic products;
Management is created, reorganized and liquidated by the decision of local governments. Management in its activities is guided by the laws of the Russian Federation, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation and the territory, region, head of the administration of the region and city or district, orders and instructions, decisions of the higher body of social protection of the population of the region, region and others regulations.
In the field of pensions:
Ensures the correct and timely appointment, recalculation and payment of pensions, allowances and other compensation payments in accordance with applicable law;
Controls the spending of funds intended for pensions, etc.
In the field of social services:
Taking into account the socio-demographic characteristics of the city and the needs of various categories and groups of the population, makes proposals for the creation of legal entities municipal institutions social services and social assistance for the disabled, the elderly, for low-income families and children left without parental care;
Prepares documents for premises elderly citizens, disabled people, disabled children to the appropriate state boarding houses;
Provides assistance to ensure social protection of citizens who find themselves in extreme situations, including persons without a fixed place of residence and occupation, refugees, internally displaced persons;
In the field of rehabilitation of the disabled:
Carries out the implementation of programs for the social support of the disabled;
Prepares documents for providing disabled people with special vehicles;
Provides assistance to public associations of disabled people in their activities, in matters of improving the social status of disabled people, internationalist soldiers and veterans;
In the field of social support for the family, motherhood, fatherhood and childhood:
Carries out the implementation of regional and city programs to improve the situation of the family, women and children, aimed primarily at providing support to those most in need of it;
Carries out, within its competence, control over the implementation of social guarantees established for the family, women and children by the current legislation;
Assigns and pays monthly allowances for children;
Carries out measures aimed at creating conditions for social adaptation and integration into society of children with disabilities;
Provides social support to graduates of boarding schools who have no parents or are left without care, at the initial stage of their independent life;
Provides, together with executive authorities, non-governmental organizations and associations, recreation and rehabilitation of children during school holidays.
This paper briefly outlines the functioning of the system of social security and protection of the population of the Russian Federation, which implements the functions of the social state on the basis of the established legislative framework and a whole range of tools for regulating economic, legal, social issues emerging in society. Signs of a welfare state are: a high level economic development country, which makes it possible to redistribute the income of the population without infringing large owners; socially oriented structure of the economy; formation of civil society; government development of various social programs; developed social legislation; approval of the goals of the state, providing everyone with decent living conditions, social security and equal starting conditions for self-realization of the individual; Social responsibility before the citizens.
The functions of the welfare state are to support the socially unprotected segments of the population (the unemployed, pensioners, the disabled); labor protection and human health; family support, motherhood, childhood; elimination of social inequality through the redistribution of income; encouragement of charitable activities; financial support for educational and cultural programs; fight against unemployment. Timely response to changes in society, by adjusting regulations, improving the methods and directions of work of social protection institutions contributes to maintaining and further improving the standard of living of citizens, the socio-psychological climate in society.
In connection with the foregoing, it becomes obvious that the social security system is the most important area of activity of the state, the clear and well-coordinated work of which is the basis for further successful development. Russian state and society.
Literature
1. The Constitution of the Russian Federation: adopted on 12 Dec. 1993 (with amendments). - M.: PRIOR, 2009. - P.32.
Federal Law No. 75-FZ of 07.05.1998 “On Non-State Pension Funds”
Federal Law of November 20, 1990 N 340-1 "On State Pensions in the Russian Federation"
Federal Law of December 15, 2001 N 167-FZ "On Compulsory Pension Insurance in the Russian Federation"
Federal Law of October 24, 1997 N 134-FZ "On the subsistence minimum in the Russian Federation"
Batygin, K.S. Social security law, textbook / K.S. Batygin.//M.: Lawyer, 2011.
Buyanova, M.O. Social security law / M.O. Buyanova, Z.A. Kondratiev, S.I. Kobzeva // M: Lawyer, 2001.
Galaganov, V.P. Social security law: a textbook for spo / V.P. Galaganov. - M.: KNORUS, 2010.
Gracheva, E.Yu. Financial law./Second edition, corrected and supplemented, Moscow publishing house "Jurisprudence", 2000.
Zabelin L.V. Theory of social security./L.V.Zabelin// M., 1997.
Zaikin, A.D. Social security law: / A.D. Zaykin / / Uchebn. allowance. M., 1990.
Zakharov, M.L. Russian social security law./M.L.Zakharov, E.G. Tuchkova//2nd edition, revised and revised Moscow Publishing house "BEK", 2005.
Zakharov M. L., Tuchkova E. G. Practical and scientific commentary on the Law of the Russian Federation “On state pensions in the Russian Federation”. M., 1997.
Dolzhenkova, G. V. Social security law: lecture notes./G.V.Dolzhenkova//M. : Yurayt-Izdat, 2007.
Throughout life, each person is exposed to various social risks that can most directly affect the state of his health and ability to work, lead to the loss wages or other labor income serving as the main source of livelihood.
social risk is a probable event, the occurrence of which leads to material insecurity due to the loss of income from work or family support, as well as the occurrence of additional expenses for children and other disabled family members, the need for medical or social services.
Characteristic features, allowing you to name certain events that occur in a person's life, social risk, serve:
- conditioning economic system and public organization labor;
- property consequences in the form of a lack of income from work or intra-family maintenance, additional expenses for disabled family members;
- the interest of the state and society in mitigating and overcoming consequences of these events.
Taking into account the objective nature and depending on the impact on a person's ability to work, social risks can be grouped into 4 groups ( types of social risks).
- economic nature (unemployment);
- physiological nature (temporary or permanent disability, pregnancy and childbirth, old age, death);
- industrial nature (labor injury, occupational disease);
- demographic and social nature (large families, incomplete families, orphanhood).
Economic and demographic risks do not directly affect a person's ability to work.
As a rule, a person cannot overcome the consequences of the onset of social risk on his own, because. they are conditioned by the objective socio-economic conditions of life, are closely connected with industrial activity and do not depend on it.
A state that provides its own, foreigners and persons without, legally located on its territory, with a decent standard of living and free development, is called "social". It creates state system social security, participates in the financing of pensions, allowances, compensations, medical and social services.
Main criteria (signs) of social security:
- sources of financing: at the expense of special funds formed by the state (special extra-budgetary funds: social insurance, the Federal Compulsory Medical Insurance Fund, State Fund employment of the population of the Russian Federation, as well as funds from the state budget, republican and territorial funds for social support of the population);
- range of persons to be secured: it is generally accepted that provision at the expense of society should not be carried out for all citizens, but only for certain categories of them established by law in relation to specific types of provision (incapable of work; persons who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and internally displaced persons, war and labor veterans, etc.);
- conditions for providing collateral: only upon the occurrence of the relevant circumstances specified in the law (reaching a certain age, disability, death, birth of a citizen, etc.);
- purpose of providing security: nearest, intermediate, final. Thus, when providing a woman with benefits for pregnancy and childbirth, the immediate goal is material support for the woman during the period when she is released from work before or after childbirth. The intermediate goal is to take care of the health of mother and child. ultimate goal is the upbringing of a healthy generation and the growth of the population of the country. However, it should be assumed that the main purpose of each type of provision is to equalize the social status of certain categories of citizens with the rest of society. Indeed, the life situations in which a citizen finds himself require, as a rule, increased material costs or additional physical, mental, moral efforts compared to other members of society.
Social Security - a form of expression of the social policy of the state, aimed at providing material support for a certain category of citizens from the state budget and special off-budget funds in the event of events recognized by the state as socially significant (at this stage of its development) in order to equalize the social status of citizens compared to other members of society .
- economic;
- political;
- demographic;
- social rehabilitation;
- preventive.
economic function is:
- in partial compensation of earnings or other labor income lost due to unemployment, disability, as well as intra-family support in connection with the loss of a breadwinner;
- in partial compensation of additional expenses caused by the onset of certain life circumstances (for example, the presence of children);
- in the provision of minimal monetary, in-kind and other assistance to the unemployed, low-income individuals and families;
- in the provision of free medical and social services for the consumer within the state minimum standards (for example, drug care).
The sources of social security financing are the unified social tax (UST), funds from budgets of various levels, insurance premiums, as well as other revenues established by law. Part of the UST is transferred in the form of insurance premiums to off-budget funds: the Pension Fund of the Russian Federation (PFR), the Federal and Territorial Compulsory Medical Insurance Funds (FOMS), the Social Insurance Fund of the Russian Federation (FSS). Funds are federal property.
The Constitution establishes that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. Guarantees that ensure these conditions include: labor protection and human health; security state support family, motherhood, fatherhood and childhood, the disabled, the elderly; development of social service systems; establishment of state pensions, benefits and other guarantees of social protection (Art. 7).
Secondly, the guarantee of a sufficient level of social security in order to maintain the consumer demand necessary for the normal functioning of the country's economy and its development, that part of the population whose main source of livelihood is social payments and services.
Thirdly, the creation of an effective mechanism for the accumulation of financial resources (in the federal budget, in the budgets of the constituent entities of the federation, off-budget social insurance funds, social support funds for the population, etc.) necessary to fulfill the obligations of the state to implement the constitutional right of citizens to social security.
Fourth, strengthening the conditionality of the scope of powers in the field of social security labor activity person.
It has already been said above that one of the main goals of social security systems is to prevent the impoverishment of the population. Maintaining the social status of a person in the event of various life circumstances that involve the risk of losing or reducing the source of his livelihood (in the event of illness, disability, old age, death of the breadwinner, unemployment, poverty), by providing various types of material support, social services, benefits guaranteeing decent living conditions is a social function. The content of this function is not limited to the material support of a person. Through the social function, the rehabilitation direction of social security is also carried out, the purpose of which is to restore (in whole or in part) the full-fledged life of a person, allowing him to study, work, serve himself independently, communicate with other people, etc. Therefore, there is every reason to say that social security, along with the economic function, also has a social rehabilitation function.
Obviously, the impact of the social security system on many demographic processes - on life expectancy, population reproduction, stimulating the birth rate, maintaining the social status of the family in which minor children are brought up. For example, the extremely low level of pension provision in the 1990s, which led to a sharp reduction in the consumption of pensioners, became one of the reasons for the high mortality of the elderly, and the lack of an effective system of social assistance to families with children led to a significant decrease in the birth rate in the country and etc. Consequently, the demographic function is also realized through the social security system.
It has already been said above that Art. 7 of the Constitution of the Russian Federation enshrines the main directions of the social policy of the state, which are implemented along with other means and through the social security system. One of the main goals of the state at the present stage is the fight against poverty by improving the general standard of living of the population and especially its most socially vulnerable layers - the disabled, the elderly, families with children. In the modern period, the vast majority of the population of Russia has an income that does not provide a decent standard of living for a person, which should be guaranteed in accordance with the Constitution of the country. So the subsistence minimum, which is recognized as the poverty line, is much lower than necessary to meet the needs of a person as a member of society. Insofar as social politics as the purposeful impact of the state on the living conditions of people in order to implement constitutional provisions is carried out mainly through the social security system, this means that social security also performs a political function. The state of social peace in society depends on how effectively it fulfills it. The growth of social tension, as a rule, always indicates that the state of the social security system ceases to meet the objectively established needs of the population.
Proposals on the allocation of some other functions of social security are substantiated in the educational literature.
Forms of social security
Taking into account the above acts, we can conclude that the entire population of the country belongs to the circle of those provided, and, therefore, the form of social security should be uniform. What is the specificity of this circle of people? It is expressed in the fact that all the acts mentioned above refer to the provision of social security to each person as a member of society, regardless of whether he was engaged in labor activity or not. This is the reason for the choice by the state of the appropriate financial source, types of social security and the system of bodies implementing it.
International instruments also establish the right to social insurance as an integral element of the right to social security (Article 9 of the International Covenant on Economic, Social and Cultural Human Rights). The implementation of this right is ensured by the state by creating, along with the system of social security for everyone as a member of society, a system of compulsory social insurance covering those who work for hire. The creation of a social security system for the insured serves as a convincing argument for the objectively necessary differentiation in social security, due to the fact that in the first case a person exercises the right to social security as a member of society, regardless of his work activity (in the order of state social security), and in the second - as an employee whose labor creates the national wealth of society, and part of his salary is reserved for the purpose of providing material security (in the form of compulsory social insurance) in the event of an insured event1. This system guarantees each employee social security in the event of temporary disability, disability, reaching retirement age, injury at work or occupational disease, women - in case of pregnancy and childbirth, child care, etc.
Taking into account the specified criteria in developed countries two main forms of social security have developed at the national level: each as a member of society - without taking into account the labor contribution of a person, and an employee (in the event of his death - his family) in the form of compulsory social insurance. These forms are used in many countries in combination with a variety of additional forms (sectoral, professional, industrial insurance; social security systems based on funded principles, etc.)
The forms of social security used in Russia at the present stage can be classified according to the degree of their centralization into centralized, regional and territorial.
The centralized forms include: 1) social security, addressed to everyone as a member of society, at the expense of the federal budget; 2) social security of those insured under the procedure of compulsory social insurance; 3) a mixed form of social security used for special subjects.
Consider each of the signs pointed out by V.S. Andreev, reflecting the specifics of these forms.
State social security at the expense of budgetary funds. The entire population of the country is included in the circle of those provided. The financial source that guarantees everyone the exercise of the constitutional right to social security, as mentioned above, are budgetary funds accumulated both in the federal state budget and in the budgets of the regions. The types of security provided to the specified circle of persons are established federal laws and by-laws at the federal level. The right to receive them is exercised by everyone as a member of society, in connection with which this circle of secured includes those persons who work. These types include: social pensions; unemployment benefits, childcare; other social payments in connection with motherhood and for minor children; subsidies and compensation payments; state social assistance, social supplement to pensions, monthly cash payments to disabled people in connection with the monetization of benefits; medical and drug assistance, sanatorium treatment, various social services and benefits. None of these cash payments is commensurate with a person's earnings (even if he has it), and none of the types of "in-kind" social security does not depend on his labor contribution. The system of bodies competent to provide social security within the framework of this form includes bodies of social protection of the population, education, health care, guardianship and guardianship, etc.
It is of fundamental importance for assessing the quantitative and qualitative indicators of the effectiveness of the functioning of this form of social security, as well as taking into account the rights of citizens to social protection measures (support), social services provided within the framework of social services and state social assistance, and others social guarantees and payments established by the legislation of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, municipal regulatory legal acts, has the Unified State Information system social security, the creation of which from January 1, 2018 is provided for by the Federal Law of December 29, 2015 No. 388-FZ (Article 5). The purpose of this system is to provide information in electronic form citizens, state authorities, local authorities, relevant organizations on measures of social protection (support), social services, other guarantees and payments provided to the population at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets.
Social security of the insured and their family members in the form of compulsory social insurance is the second centralized form of social security. Compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social status of working citizens, and in cases provided for by law, other categories of citizens due to an industrial injury or occupational disease, disability , illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to obtain medical care, sanatorium treatment and the onset of other social insurance risks established by law, subject to compulsory social insurance. Compulsory social insurance is a system of self-sufficiency for the insured, for which all employers (insureds) are forced to pay insurance premiums. These payments, like the employer's salary costs, are part of the cost of labor and are included in his production costs, i.e. from an economic point of view, they refer to the necessary product. Every employer understands that the higher the cost, the lower the profit they receive. It is at the expense of such payments that security is provided to the insured, in connection with which economic science considers insurance premiums in the form of deferred wages for the material security of the insured in the event of insured events. The state itself organizes and regulates this system, which sets the rates for insurance payments for each type of insurance, and in case of insufficiency of this main source of funding, bears subsidiary responsibility, allocating the missing funds from the federal budget. The lower the rate of tariffs, in comparison with what is necessary to guarantee the rights of the insured, the higher the state budget expenditures on subsidies to off-budget funds. In this regard, the main goal of continuous amendments to the current legislation is the need to optimize the costs of social security of the insured (that is, their reduction)
Types of social insurance are: a) medical insurance; b) pension insurance; c) temporary disability insurance; d) maternity insurance; e) insurance in case of death of the insured person or a minor member of his family; f) insurance against industrial accidents and occupational diseases.
The circle of persons provided within the framework of this form includes, therefore, all insured persons. Citizens of the Russian Federation, as well as foreign citizens and stateless persons working under labor contracts are recognized as insured persons in accordance with the Federal Law of the Russian Federation of July 16, 1999 No. 165 - FZ “On the Basics of Compulsory Social Insurance”; self-employed persons or other categories of citizens whose compulsory social insurance relations arise in accordance with federal laws on specific types of compulsory social insurance. Relations on compulsory social insurance arise for those insured for all types of compulsory social insurance from the moment of concluding an employment contract with an employee, and for other categories of citizens - from the moment they or for them pay insurance premiums, unless otherwise established by applicable law.
The financial basis of the compulsory social insurance system is the relevant funds that are not part of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets. These are the Pension Fund of Russia (PFR), the Social Insurance Fund of the Russian Federation (FSS RF), the Compulsory Medical Insurance Fund (FOMS). These funds perform the functions of an insurer.
Territorial (municipal), corporate forms of social security include organizational and legal methods for implementing additional (in addition to federal and regional) measures of human social protection used by municipal authorities, subjects of social partnership agreements. It is these bodies and entities that determine the method of accumulation of financial resources, the circle of persons for whom measures of additional social support are provided, its types and methods of provision. At the present stage, territorial forms, as well as regional ones, are becoming increasingly important, because they are the closest to a person and can respond in a timely manner to all social risks of “local significance”, although financial resources here are still very limited.
The effectiveness of local forms of social security used at the level of specific organizations depends entirely on their economic capabilities and the development of social partnership cooperation in this particular organization.
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