Legal Encyclopedia. The letter P

THE RIGHT TO SOCIAL SECURITY

- A set of legal norms that regulate social relations arising in the process of distribution of central budgetary funds of social purpose and redistribution of the state budget in order to meet the needs of the citizens and their social support in cases of power loss of livelihood, incurring additional costs or lack of necessary subsistence for objective , socially relevant reasons, as well as in health care and the provision of other social services and benefits.

In accordance with the Constitution of the Russian Federation - a social state whose policy is aimed at creating conditions for a dignified life and free development of man.

Meaning PS OS is that, fulfilling a constitutional obligation to

financial support of individual sections of the population, the state contributes to

maintaining social stability, stimulate the reproduction of population, as well as restore the social status of socially vulnerable categories of the population, allowing them to feel valuable members of the community.

The subject of PS OS as the rights are the legal industry, originated digits together in the field of social security, ie, regulated norms PS O. arising on the basis of legal facts of the relationship between the state and other authorities, on the one hand, and the elderly, disabled and other categories of citizens in need of social welfare due to circumstances beyond their control, on the other - on material security and social services of the latter.

This relationship can be

classified by various grounds.

1. Depending on the types of social security referred to in the legal relationship are divided:

1) pension, which in turn are classified according to the type

appointed by the old-age pension, disability, seniority, etc .;

2) about the benefits and compensation, which are also classified according to their residence: benefits for citizens with children, benefits for temporary disability, etc .;

3) for the provision of social services (health care, free medicines, sanatorium treatment, vocational training and retraining, free prosthetics and other services).

2. In terms of legal action in the field of social security emit relationship:

1) terminate a single performance of duties (eg, payment of benefits at the birth of the child);

2) with a completely installed during the lifetime of the period (eg, monthly allowance for child care);

3) with respect to time indefinite existence (for example, the payment of old-age pension).

3. Depending on the nature of the legal relationship are distinguished:

1) The material, i.e. arising about the individual types of collateral;

2) treatment, resulting in the appointment of a particular type of social security, or in connection with the establishment of legal facts (eg, length of service, disability groups and causes);

3) proceedings arising in connection with the consideration and resolution of disputes between the parties.

The subjects of legal relations of social security are natural persons and public authorities which, by virtue of the law may make carriers of subjective rights and duties. In doing so, individuals are having legal capacity as the Russian citizens and stateless persons, refugees and internally displaced persons, foreigners permanently

living in the Russian Federation, other foreign nationals only if reciprocal international agreements with the Russian Federation. By the state bodies are bodies of the Ministry of Labour and Social Security, health authorities, education and local government.

The object of legal relations in the sphere of social security acts that arise about what the rights and duties of the subjects of these relations, ie, concrete material goods, addressed to citizens in the form of pensions, benefits, compensation payments or certain kinds of social services.

PS O. The method is characterized by the following features:

1) The combination of centralized and local ways of regulating the rights and duties of subjects;

2) the formation of the content of the legal relationship is not only legitimate, but also by treaty;

3) the specificity of the legal facts, which cause the occurrence, change or termination of legal relations (the onset of old age, disability, loss of breadwinner, birth of a child, etc.);

4) the absolute nature of the rights of citizens as the subjects of legal relations. For all their rights are determined by law and can not be changed by agreement of the parties.

System PS O. consists of: 1) the general part, which includes the rules governing general provisions of law

Social Security: objectives, principles, the industry sources of law, and the legal status of legal entities in the sphere of social security;

2) The special part, which contains the rest of the rules of social security legislation, which regulate in detail the grounds, order and size of the citizens of the various types of collateral.