Throughout its entire existence, the human race has sought to unite. After all, at the very beginning of evolution, it became clear that man is a group creature that cannot live outside its own kind. Therefore, people began to create certain primitive formations. At the very beginning, they were tribal communities. But the gradual growth of these social associations led to the appearance of a superstructure, namely the state. However, a different, more pressing problem arose. Any state needs a universal regulator of social relations, which simply did not exist. In the process of his searches, various methods of influencing social relations were tried , for example, violence, religion, etc. But absolutely all of them did not bring the proper result. After a large amount of time, the right appeared. It should be considered the most successful regulator of social relations, since it comes from both the state and the person. Today, law is the key way to organize, regulate and coordinate the actions of society. Due to evolution, it has penetrated almost all spheres of human life. In order to somehow streamline the regulatory process, the law was divided into separate industries. One of them today is social security. Institutions and individual norms of this industry have their own specifics, and implementation is carried out by using special methods, which will be discussed later in the article.
The concept of social law
Before considering each method of social security law individually, it is necessary to understand what this industry is like. In the modern Russian Federation, the social security industry is a set of legal norms that, through specific methods, regulate social relations in the distribution of part of the gross domestic product between people. Simply put, this industry regulates relations in the field of population receiving cash payments from the state, medical care, benefits, etc. It should be noted that the categories presented are distributed among people in a strictly established quantity and order. In addition, the social security industry allows citizens of the Russian Federation to preserve and protect their constitutional rights governing state assistance.
But the industry represented did not initially exist on the territory of our country. The process of its formation has its own long and quite interesting history.
History of the development of social law
The method of social security law and its features, as well as the industry itself, have been formed for a long time in the territory of modern Russia. In general, the social security policy itself, or rather, its individual provisions were first formed only during the time of the Russian Empire. Initially, this issue was a real threat to the authorities in the state. After all, no one wanted to give any rights to the ordinary population. But as Russian imperialism developed, the issue of social security of the population became more acute. Thus, the Code of Laws of the Russian Empire provided for special payments for injuries received at work. This was the first step towards creating a fundamentally new branch of legal regulation. Already in 1886 in Russia, workers' fees for medical care were canceled. With the fall of the imperial regime and the coming to power of the Communist Party, social security became a key interest of state power. We can say that it was at this stage that the industry of the same name was born, because many issues demanded a legal settlement.
Social Security Law System
It should be noted that each method of social security law is directly related to the system of this specific branch of legal regulation of relations. By itself, a systematic approach to the analysis of this industry allows you to see its smallest details and characteristic features, as well as develop dogmatic principles for the regulation of specific social relations, which are included in the spectrum of action of this rather important part of law. It should be noted that, like many CIS states, the Russian Federation belongs to countries with a pandemic system of law. That is, any legal industry is divided into two main elements: the general and the special part. The social security law system in this case is not an exception. However, the internal structure of each part presented is of significant interest in the process of studying the social industry. Thus, the following elements are included in the general and special part, namely:
1. The general part shows what constitutes the law of social regulation in general. This includes the rules governing social human rights, the principles of this industry, the competence of authorities in the process of providing people with social benefits, etc. It should be noted that the method of social security law, or rather, the existing set of methods, is fixed in the general part.
2. The special part consists to a greater extent of specific legal institutions. They govern the provision of certain social types of security. Institutions are united in special groups for a more efficient and operational impact on specific social relations. To date, the system of this industry is one of the best in terms of implementing legal norms and representing the interest of the state in certain issues of social policy.
Given all the above features, we can conclude that the social security law system is structured in such a way that the population as fully and quickly as possible receives all the necessary benefits.
Legal industry practices - general concepts
The method of social security law is a set of techniques and methods for real regulation by the legal industry of the relations that are included in its subject. In this case, the subject is an extremely important condition for the existence of a methodological base in general. Indeed, if there are no specific relations that need to be regulated, then why then the mechanism of this regulation in general? Therefore, in the theory of social law, for a long time they could not distinguish ways of influencing relations, which, in turn, were not fully developed. But, as industry institutions developed, not only a mechanism of influence was developed, but also the concept of a methodological base. Thus, the method of social security law is a specific group of specific techniques that govern relations in the field of social security of the entire population of the Russian Federation and specific citizens. It is worth noting the fact that the methodological framework as a whole covers both generally accepted regulatory techniques and specific ones that exist exclusively in this industry. In addition, the social security law system plays a significant role. Thanks to her, the institute of methods exists and lends itself to theoretical understanding.
Characteristic features of legal regulation methods
As in other legal sectors in social security, generally accepted methods are used, namely: dispositive and imperative. But the peculiarity lies in the fact that they acquire their own specifics when used in social security law. However, the feature presented is not the only one. Thus, the social security law method is characterized by the following features, namely:
1. As a rule, when regulating specific social relations, a combination of imperative and dispositive methods occurs. This means that the institution, called “Methods of Social Security Law,” in practice does not work exclusively in the form of an imperative command of the state. A similar regulatory principle was developed due to the particularities of the parties, the nature of legal relations and legal measures to influence violators of the legal regime.
2. In the process of exerting direct influence, a combination of centralized regulation with local regulation is used. This means that social benefits are provided to entities not only by state, but also by other bodies, for example, municipal, which are under the jurisdiction of the Federation. Contractual regulation of relations in the field of social security is not allowed . Because this industry is subject to the minimum standards that are set in the state. Therefore, even compulsory insurance of citizens is carried out within the framework of the legislation of the Russian Federation and is regulated by it.
3. Methods of regulation depend on legal facts that give rise to relations in the field of social security. In addition, the sanctions applied to violators of the legal regime play a significant role. As for the first category, it directly depends on the behavior and activities of people. But with sanctions, the situation is more interesting. The bottom line is that the institution of responsibility in social security law, in fact, is not fully developed. Therefore, as practice shows, citizens most often avoid any responsibility for violations of any norms of the social security industry.
4. The methods of social security law in practice regulate relations in the autonomy of subjects from each other. As we know, the main sides of the industry are the state and society. Each of them is endowed with a spectrum of their rights and obligations, and they are in no way subordinate to each other.
5. As mentioned earlier, the subjects of social security law are not subordinate to each other. Therefore, the authorities can not make decisions at their discretion, which will somehow relate to the life process of ordinary citizens.
6. There are several protection methods that use social security law methods. Judicial practice indicates the existence of a judicial method, which is used if the administrative procedure has not brought the proper result. As we understand it, industry entities apply to the court if no changes have occurred in the procedure for considering their complaints by higher authorities.
Separate types of methods
So, in the article we examined the key features of the methodological base of social security. As for the specific types of regulation methods, the basic and additional methods are used in the process of social security. The main ones include prohibitions and permissions. With their help, the largest groups of public relations of this legal industry are coordinated. Additional methods are promotion, confirmation, restriction, etc. As we can see, all of the presented species are borrowed from the general theory of legal regulation. Their specificity lies solely in the subject of social security law.
Industry subject
The method of social security law how to grow a law directly depends on its subject, that is, those legal relations to which the legal regulation directly applies. In turn, the subject can be called a complex of material and procedural relations arising in connection with the distribution of specific goods within society. Relations, as a rule, are related to each other in separate groups, for example:
1. Collateral relationships in the form of cash.
2. Relations in the form of providing the population with services of a social nature, for example, medical care.
3. Relationships of a procedural nature that are directly related to the receipt by citizens of certain goods.
Social Security Industry Regulators
There are many sources that actually govern social security law methods. From practice, we know that in the Russian Federation there is a whole system of regulatory acts, thanks to which the industry “lives”. Thus, the regulatory framework of the industry consists of the following elements:
1. The Constitution of the Russian Federation.
2. Federal legislation (Federal Law “On the Basics of Compulsory Social Insurance”, “On State Pension Insurance”, etc.).
3. Decrees of the President of the Russian Federation.
4. International legal instruments ratified in Russia.
Given the regulatory framework, the social security law method can be called the collective method of regulating relations, which is created from the provisions of the presented normative acts and international agreements.
Correlation of social security law with other sectors
There are a number of industries with which social security law relates and interacts. This proves the unity and centralization of the entire legal system of the Russian Federation. Thus, today social security law is most closely related to labor and civil law. The correlation exists due to the actual similarity of these industries.
Conclusion
So, in the article we examined the method of social security law and its individual characteristics. In conclusion, it should be noted that some of the provisions of the industry still require considerable theoretical study, so that in practice they can be used without any difficulties.