Legal relations in the field of social security is a connecting link between the state and the population of the country, and the real mechanism of providing material benefits is a tool for the legal mechanism. Public relations are: economic, political, moral. They are controlled and served as a regulator by a special part of the system - legal norms and legislative acts. This position is presented in an individually volitional form. In it, specific persons are interconnected through mutual legal rights and obligations. Relationships in the field of social security are expressed by the actual participation of competent structures in the provision of allowances, benefits, subsidies to individuals who are entitled to receive them from state bodies.
Characteristic background
A person lives, and every day is influenced by various circumstances. The formation of adverse environmental conditions can worsen the state of health, economic disasters - deprive the only source of livelihood (work). With each citizen can occur or inevitably occurs:
- mild or severe illness;
- old age;
- disability and, as a result, disability;
- death of the breadwinner.
Not everyone has the opportunity to avoid troubles or overcome them. Circumstances depend on objective economic conditions and are associated with activities in the workplace that are not subject to the will of citizens. For stability in the social security of society, the state assumes responsibility for the occurrence of various adverse cases.
Social security legal relations are measures that prevent or mitigate the negative consequences for families and individuals in order to maintain an acceptable level in their material and social well-being. This includes the vital interests of citizens related to the distribution of property by legal methods with the participation of state policy in conjunction with economic civil rights.
In this area, universal values are preserved, proven:
- equality;
- social justice;
- humanism;
- moral principles in society.
The purpose of social security is to satisfy vulnerable groups with livelihoods. These include the elderly, disabled citizens.
Signs of a single system
Social security relationships have the following criteria:
- the basis is material assistance or the distribution of benefits;
- civil constitutional rights to various subsidies are realized;
- endowed with a claim-securing nature, when 2 entities enter into a relationship, one requires a kind of allowance, the other provides a benefit;
- the participants are individuals and authorized bodies.
A distinctive feature and peculiarity of legal relations in the field of social security is the participation of citizens and their families, in accordance with the established legislative conditions, in receiving pensions and subsidies, where state institutions are obliged to charge and issue funds. The provision of material assistance is of a property nature.
They are implemented by:
- compulsory social insurance;
- state social security;
- social assistance.
The complex concept of legal relations in the field of social security requires the structure of a special multifaceted division into homogeneous groups that are united by a commonality of definitions and features.
Internal and external classification
The foundations of a different nature allowed sociologists to create a single scheme, in it, according to the degrees, to distribute various characteristic features that help people connected.
Social security has the character:
- material;
- procedural;
- procedural.
Types of legal relations in the field of social security:
- provision of payments in cash;
- natural purpose of benefits, privileges;
- services, maintenance.
Subjective separation:
- to employees;
- students
- disabled people;
- large families;
- seniors;
- military personnel.
Terms of assistance:
- pensions are designed for a long time;
- benefits are prescribed for a short period;
- one-time subsidies for the occurrence of a certain event.
In the aggregate of all factors, continuous assistance is provided to all segments of the population, control over the poor members of society, assistance to single old people, provision of things, shoes, food for large families.
On what grounds does social protection work?
The concept of legal relations in the field of social security is endowed with the existence of grounds for their education. They can be changed or terminated due to legal facts due to specific life circumstances; legal norms are closely related to them. In the theory of law, the occurrence of:
- actions - a person, in order to exercise their right to receive benefits, applies to social security.
- events.
As an example:
- The retirement age has come.
- The man turned to the FIU.
- He was assigned a pension.
- The fund at the address begins transfers.
The actual legal event has taken place. Parameters can interact with each other or influence. Suppose a citizen was hit by a car, because of injuries, he received a disability. There is a reason for the appointment of a pension, under the influence of a third party an event occurred - loss of health.
To get help, a citizen must take procedural legal relations in the field of social security with specific actions:
- Come to the institution.
- Bring documents.
- Write a petition.
Legal facts are endowed with consequences with the character:
- generators - the age has come, birth;
- altering - another disability group has been appointed;
- terminating - the pensioner died, the patient recovered, the child grew up.
Similar criteria are interconnected by events. If a pensioner was the sole breadwinner in the family, after his death, members who were rightfully supported by him would receive another pension in the form of a lost breadwinner, and old-age transfers would cease.
Deviation from the generalized set of phenomena
The classification of legal relations in the field of social security is shown in the big picture, it requires specifics. This applies to the particularities of pension payments, they depend not only on a specific legal fact, it is necessary to take into account the sources from which funding comes.
Payouts can be divided into groups:
- pension provision is labor, insurance;
- pay for the loss of breadwinners and loss of health in the appointment of disability;
- appoint for length of service at the onset of a certain age.
Benefits have characteristic parameters:
- temporary disability;
- pregnancy and childbirth;
- birth, parental leave and reaching a certain age of children.
In cases with diseases, material legal relations arise in the field of social security, medical assistance is provided:
- dispensary observation;
- primary health care;
- ambulance doctors;
- home treatment;
- in hospitals and clinics;
- provide medicines.
At a high level is social services:
- Specialists are appointed to assist senior citizens at home;
- hospices and hospitals are creating content;
- disabled people are trained and employed;
- deliver vehicles and dentures to needy patients.
In reality, there is no such system that one citizen receives all payments and services. If certain legal facts come, you can become a member of several social programs at the same time.
System design
The structure of legal relations in the field of social security law consists of the main elements:
- subjects;
- objects;
- content.
There is a legal connection between these entities, during which a certain legal action takes place. Bodies exercise the right of citizens to receive a social guarantee if the preconditions have arisen for ensuring legal facts.
The subjects of legal relations in the field of social security
Based on their duties, state bodies provide benefits and services to citizens, reduce utility bills, and produce products. These are 2 subjective parties that are connected by legal mutual relations.
The recipients of privileges in the state include:
- seniors;
- disabled people;
- workers in hazardous industries;
- disabled citizens due to temporary illness;
- parents of young children;
- unemployed;
- women during pregnancy and after childbirth;
- immigrants;
- refugees.
State bodies belonging to entities:
- FIU of all government agencies;
- social protection;
- educational institutions.
Employers act as subjects in legal social relations if the company’s administration decided to provide various subsidized privileges to hired personnel by a local act.
What elements are related to objects?
The objects of legal relations in the field of social security is the receipt of material wealth. The one who accepts help and transfers it as intended is the subjects. Transferable items are considered subjective. This category includes:
- all types of pension accruals;
- allowances;
- payment of compensation.
The benefits support families or individuals during a period of temporary inability to earn. For their appointment, a valid reason must be documented.
Compensations are paid to people when they are caring in case of weakness of an elderly relative or a person with a disability of group 1.
The provision of various services to the population also belongs to the objects of legal relations in the field of social security law. They can be in the form of useful actions and natural content.
Useful activities include:
- medical examination and patronage;
- laboratory studies of analyzes;
- designation of a disability team;
- home care by attending physicians.
To natural assistance belongs:
- providing children with kindergartens;
- enrollment of disabled people and the elderly in nursing homes, boarding schools;
- the device of the homeless in shelters;
- children without supervision - to reception centers.
The objective side is getting:
- cash payments of pensions and benefits;
- in-kind social services, medical care;
- privileges of a preferential nature, reduction of public transport fare, reduction of costs for light, heating.
Procedural legal relations in the field of social security begins after the establishment of the fact of legal significance. The right to receive a pension or benefit will appear at the time of a certain age, the birth of a child. A legal fact can come after a citizen seeks help from an authorized body in order to verify the validity.
The interaction of the main components of the system
The content of legal relations in the field of social security consists of subjective rights and the corresponding, legal obligations of participants. Rights and obligations are interconnected by the general actions of both the seller and the recipient. The subject has legal rights to some kind of benefit, pension or allowance, organization, body must provide it.
The content of material legal relations is the requirement to assign benefits in the amounts prescribed by law for material rewards.
The procedural content is civil rights to verify a legal fact so that the rights to receive the appropriate type of allowance are established, settlements are made and a pension is granted.
The procedural content includes the consideration of disputes regarding social security and restoration of violated rights or the refusal to satisfy a claim is voiced.
Time bounds
The implementation of social welfare measures for residents is notable for their duration. According to the law, if an allowance is assigned, it is paid for a certain period of time:
- durable;
- short-term;
- one-time.
Lump-sum benefits are prescribed after the occurrence of the corresponding event - the birth of a child. There are relationships that are limited in time. When children receive pensions for the loss of breadwinners, after their coming of age, payments cease. If an extension is required, you need to provide documentary evidence of full-time education.
Children's allowances and benefits are valid until the age specified by law. Some pensions also require confirmation. For example, disability insurance is prescribed for a year, a new calculation will come after a medical examination.
An example of an indefinite period of legal relations between a company and authorities is pension provision. Legal communication will cease after the death of the subject. Disabled people and the elderly, who are kept in elderly homes and boarding schools, are there until the end of their lives. Providing children in shelters is limited by their age. Each social security has its beginning and end, begins with the onset of one event, and ends with another. Unilaterally, social relations cannot be created, changed or terminated. Any change requires a documented fact.
Total
Each legal relationship arises from human actions, all social types of assistance are of a similar nature. They are regulated by legal norms of the Russian Federation. They still have many shortcomings, and time is needed to eliminate gaps in the imperfection of law. So far, only hopes that someday worthy provision for the elderly will come, without counting their life expectancy, will not force people to work in old age. Young people will find a decent job, and whoever falls ill will be able to recover at affordable prices and, thanks to good social security, will choose a comfortable place to relax.