The right to social security is a complex consisting of public relations, the regulation of which is carried out by the norms of the relevant legal industry. These relations are considered distributional in accordance with their economic nature.
Economic discipline identifies five distribution options:
- Free of charge, on the basis of equal access of citizens to benefits, in proportion to the rational (reasonable) opportunities and needs of society.
- Normalized in accordance with the costs of previous or current production needs, labor, material security.
- Preferentially, with part of the cost.
- For a fee.
- According to work, according to its quality and quantity.
In accordance with the indicated options for the distribution of economic benefits, three types of relations are considered. All of them are qualitatively heterogeneous, each requires its own approach to legal regulation. So, those relations associated with the provision of paid services relate to the field of civil law. The preferential distribution (the third option) should also be included in this category, but only in the part that is based on retribution. The fifth option relates to the branch of labor law. The first three types of distribution of benefits are predominantly social security law, in which the nature of the relationship stands out in accordance with certain criteria. So, a classification is carried out, for example, by the period of existence. In addition, they share procedural, material, procedural relations. There is a division into forms and types of social security.
The latter include cash payments (benefits, compensation, pensions, in-kind forms of assistance: medicines, products, technical equipment, transportation, etc.), benefits and services (services for disabled people, the elderly, children, spa treatment, medical care, etc.).
In accordance with the periods of existence there are three groups of legal relations:
- Relations terminated through a one-time fulfillment of obligations. This type includes, for example, social security law regarding the birth of a child.
- Legal relationship with an absolutely fixed period of existence. In other words, from the moment of their occurrence, the date of their completion is known. In this case, we consider the right to social security in the form of payment of benefits during the leave to care for a young child up to 1.5 years.
- Legal relationship with a relatively indefinite period of existence. This category includes, for example, the payment of a pension in connection with old age, the care of elderly people living in social institutions.
In accordance with the source of financing, the following types of legal relationships are distinguished:
- Carried out with the help of budgetary funds of all levels, extra-budgetary state funds.
- Relations secured by non-state funds (charitable foundations, funds of citizens or legal entities, etc.).
In accordance with the forms distinguish legal relations:
- Social Security.
- Insurance, assistance.
The derivatives of the above types are procedural and procedural legal relations.
The first are due to disputes arising in the specified area. They can be caused by different situations. In particular, the refusal of one or another type of security, the establishment of the causes of disability and others.
Procedural legal relations are associated with the establishment of legal facts that would be relevant for the provision of certain services. So, for example, in order to assign a disability pension, it is necessary to establish the fact of disability.
Social security in Russia includes such components as the subject, content, object, grounds for termination, change or occurrence.