System of social protection institutions. Social protection authorities in the Russian Federation

The subjects of social policy are the state itself and the structures of the emerging civil society, such as public associations, enterprises, organizations and firms. Representative and executive bodies of the state operating at the local and regional federal levels are given a central place in social regulation. They determine the general concept, the main directions of the state’s social policy, its tactics and strategy, provide a legal and legislative basis, and ensure the implementation of specific theses on the ground. Social activities carried out within firms and enterprises, as well as the activity of public, political and trade union associations, voluntary and charitable organizations play an important role in solving existing social problems of certain categories of the population, implementing social policy within a limited framework corresponding to their competence.

The management system of social protection of the Russian Federation is presented in Figure 1.

Rice. 1

Social protection authorities Russian population shown in Figure 2.


Rice. 2

The levels of implementation of social protection using the example of one of the regions of the Russian Federation are given in Appendix 1.

Supplementing state social regulation with the implementation of programs of firms, enterprises and other institutions of society increases the effectiveness of social policy, its targeting, flexibility and purposefulness. Thus, the system of social policy arises as a variety of subjects, programs, their means and methods of implementation with the leading role of the state and state social regulation.

Let us consider the directions and forms of social policy. The legally guaranteed minimum of goods necessary for the full life of a person and his family, different in time and space, is determined by the characteristics of a particular country, its territory, climate, population size, character social system, ideology and practical activities of the ruling groups, political situation, level economic development, national specifics, established cultural stereotypes of behavior.

Influencing the cash income of the state population, the production of services and goods in quantities that satisfy the existing needs of the population, social policy regulates wages, income, employment, improving the labor and professional qualities of workers, maintaining their health, educational and cultural level, and developing social infrastructure and social security. Thus, wage policy regulates the cash income of citizens by establishing a minimum wage or basic parameters of remuneration at state enterprises.

Social policy, by purchasing services and goods on the commodity market, participates in the primary distribution of newly formed value directly for state enterprises and indirectly for private ones. Determination of cash incomes of the disabled population social policy represents a secondary redistribution of primary income, the mechanism of which consists in the withdrawal by the state of a certain share of primary income in the form of taxes of various kinds, forced insurance contributions and the financing of social programs. Social payments and taxation are carried out differentially, depending on the size of primary income. Thus, the basis of taxation is the principle of progressivity, which increases the amount of tax with increasing income, and the basis of social payments is an inverse relationship.

System social security, which is at the center of the social process of supporting the monetary income of disabled citizens, consists of social insurance and public assistance, which differ in objects, sources of financing and amounts of social payments. The basis of social insurance, intended to compensate for material losses due to permanent or temporary cessation of work due to illness, retirement age or occupational injury, are special contributions, which are part of the earned funds designated for social insurance and paid by employers and the workers themselves. In this way the principle of self-help is implemented.

The objects of the state assistance system, which provides for systematic cash payments, individual social services and all kinds of in-kind assistance, are the economically inactive part of the population and participants in social production, whose income is not sufficient from the standpoint of the generally accepted standard, and its financing is based on revenues from the state budget.

Both of these social security subsystems operate on the basis of the principle of solidarity, which consists in the redistribution of income of participants in social production, withdrawn through targeted contributions and taxation and forming the financial basis for social protection of the population.

Let's consider the existing goals of providing state social assistance:

maintaining the standard of living of families and citizens living alone whose average per capita income is below the minimum subsistence level established in a given constituent entity of the Russian Federation;

targeted use of budget funds;

strengthening the targeting of social support for citizens in need of help;

creating conditions to ensure required quality social services and their accessibility to various categories of the population;

reducing the level of social inequality and increasing existing incomes of the population.

In the field of providing state social support, the government of the Russian Federation has the following rights:

adopt federal laws and other regulations defining the basis of legal regulation in the field of social assistance;

implement and develop federal programs for providing subsidies to pay for social services provided to citizens of the Russian Federation as state social support;

establish possible types of compulsory state social assistance.

Federal executive body that carries out normative legal regulation and formation public policy in the field social development and healthcare, establishes the procedure for providing social services to citizens of the Russian Federation.

As part of interaction in the provision of social services to citizens of the Russian Federation, the federal executive body, together with the executive authorities of the constituent entities of the Russian Federation, can enter into agreements on the inclusion of citizens living on the territory of a given constituent entity of the Russian Federation in the category of persons receiving a certain set of social services, and on the provision of additional social services assistance to citizens of the subject at the expense of budgetary funds of this subject of the Russian Federation.

Let us note that control over the activities of providing state social support to citizens of the Russian Federation, expressed in the provision of social services, is carried out by the federal executive body that carries out supervision in the field of social development of healthcare.

The main elements of the system and organizational forms of social protection of the population, interconnected, are social insurance, social services, social security and social assistance.

These system elements are presented in Table 1.1.

Table 1.1 Elements and organizational forms of the social protection system

Social insurance, which is an important element of the social protection system, consists of insuring people against possible changes in their social and financial situation on a voluntary or mandatory basis.

The compulsory social insurance system includes social insurance, which includes compensation for damages from work-related injuries, as well as pension and health insurance.

Social security is a form of state social policy aimed at providing material support for certain categories and segments of the population, who, for a number of reasons, are permanent or long-term dependents of the state, at the expense of the state budget and extra-budgetary state funds.

The social security system includes various types of pensions and social benefits for certain categories of the population, compensation payments and benefits. Pension provision, which provides for the payment of pensions for long service, social pensions, disability, loss of a breadwinner and old age, is part of social security, which also includes material support for families with children, childhood, paternity and maternity, guaranteed by the state.

In order to provide financial assistance or compensate for temporarily lost earnings, other types of social benefits are paid.

Non-working able-bodied citizens are provided with compensation payments if they care for a person with a group 1 disability or a minor child with a disability under the age of 18. There are various social benefits provided to certain categories of the population, such as benefits for labor veterans, for socially vulnerable segments of the population, government employees and their families, for participants and veterans of the Second World War, etc.

Social benefits that provide the basis for additional social protection of citizens of certain categories are provided for payment of utilities and housing, payment for communication services and travel on transport, provision of medicines, and others.

It should be noted that the lack of analysis of the targeted provision of benefits to certain categories of citizens has led to the state taking on inflated obligations without having adequate support for them. The dynamics of indicators of the standard of living of the population, changing not in the necessary direction of erasing existing differences in material income, but in the direction of increasing economic and social differentiation, indicates the ineffectiveness of the existing system of social benefits in modern conditions.

The presence of a policy of inflated promises in conditions of insufficient social and economic opportunities leads to the fact that the state system of social benefits does not have a significant impact on the standard of living of really needy categories of citizens.

The complexity and diversity of existing problems caused by the characteristics of the life of socially vulnerable and low-income groups of the population determine the features of the social protection system. To date, in the Russian Federation, in order to improve the livelihoods of citizens and improve the management system for social protection of the population, a number of legal acts at various levels have been adopted.

The state social protection system of the country’s population includes the following social protection subsystems:

Poor and disadvantaged members of society;

Military personnel of all branches and troops;

Pensioners and disabled people;

The youth;

Unemployed;

Working in non-production and manufacturing industries economics, etc.

Let us note that each subsystem of social protection has its own goals and objectives, methods and forms, its own sources of financing and its own specific organization.

Financing of social protection occurs through the redistribution of funds from the federal budget towards regional and local budgets, which receive finance in the form of subventions, transfers and interbudgetary payments. The budgets of the subject and municipality also allocate expenditure items for social financing. In addition, funding also comes from extra-budgetary funds. At the same time, the federal level of government takes upon itself the formation of the main features of social policy, and its formation and implementation, with all regional features, occurs at the local level, taking into account local characteristics and according to the powers that are transferred to the regions and reflected in the provisions of regional departments, services and agencies, supported at the level of regional funding.

Social protection methods are also classified according to management functions. At the same time, we note that the concept of “function” in social practice is associated with the responsibilities, work and activities of institutions and social services.

Let's look at the functions social management:

Planning - consists of determining the goals of an activity and choosing the means for its implementation, determining the form of organization of social assistance and life activities, creating a program to achieve a set goal, taking into account the results of activities, adjusting adopted programs and scientific justification for predicting the results of the implementation of the created program, in setting new goals and objectives arising after the implementation of the created program;

Forecasting is a scientifically based prediction of results and situations, determining the final state of the client for the future;

Modeling is about perfect development various states and situations of development of the object during the planned period;

Programming consists in identifying the stages of a sequential transition from an initial state to a new one, in developing an algorithm for the functioning of the system, in determining the necessary resources, in choosing the means and methods of activity of social services, institutions and specialists.

Let's consider procedural methods that make up a special group in terms of the main stages of organizational activity:

setting goals and objectives - a method of determining, a method of formulating and a method of displaying goals;

decision - a method of preparing and making decisions;

organizational and executive activities;

staffing and resource support;

stewardship;

determination of working hours and control.

The main task social work, which is a management process in the system of social protection of citizens, consists in developing the creative and life potential contained in each person through administrative methods and powers, and in protecting socially disadvantaged segments of the population from the negative influence of spontaneous market relations and the negative consequences of economic and social reforms in society.

In modern Russian society, the search for the most effective, time-tested and practice-tested ways to develop social work and organize social services proceeds in two main interrelated directions. On the one hand, the modern experience of developed foreign countries is borrowed, on the other hand, one’s own culture and Russian traditions are studied.

The state policy of the Russian Federation in the field of social support for citizens is formed in accordance with the provisions of the Constitution of the Russian Federation.

According to Art. 7 of the Constitution « The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people. (Article 7., paragraph 1.). And also in the Russian Federation, labor and health of people are protected, a guaranteed minimum wage is established, governmental support family, motherhood, paternity and childhood, disabled people and elderly citizens, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established (Article 7.p.2.).

The Constitution of the Russian Federation also establishes that coordination of issues of family protection, motherhood, paternity and childhood; social protection, including social security, is under the joint authority of the Russian Federation and the constituent entities of the Russian Federation.

Thus, all of the above guarantees are implemented through the social protection system. The basis of state social guarantees are minimum social standards- that is, established by the laws of the Russian Federation or decisions of representative bodies state power for a certain period of time, minimum levels of social guarantees, expressed through social norms and standards, reflecting the most important human needs for material goods, publicly available and free services, guaranteeing an appropriate level of their consumption and intended to determine the mandatory minimum budget expenditures for these purposes.

Social protection of the population is a practical activity to implement the main directions of social policy.

When developing and implementing social policy, the question inevitably arises about social priorities, that is, social tasks that are recognized by society at this stage of its development as the most pressing and urgent, requiring priority solutions. At the same time, it is necessary not only to support, but also

In a broad general sociological sense, the term “social protection” first appeared in the United States in the 1930s. and gradually became widespread in Western sociology to designate a system of measures that protect any citizen from economic and social disadvantage due to unemployment, loss or sharp reduction in income due to illness, birth of a child, work injury or occupational diseases, disability, old age, loss of a breadwinner, etc., and has also become the main attribute of the social policy of any civilized state.

Social protection of the population is considered by Russian social law as a system of legal guarantees and protective measures that protect members of society from economic, social and physical degradation. It acts as a process of provision by state and municipal bodies of existing guarantees and rights that protect the individual, his economic, socio-political, social needs and interests.

In practical terms, social protection is represented by a complex of legal, economic, social guarantees, enshrined in legislation and in by-laws at the state level using a two-tier system of legal acts - federal and regional legislation.

At the same time, social protection also acts as a process of ensuring by state or other bodies the guarantees and rights existing in society that protect the individual, his economic, socio-political, social needs and interests in all spheres of society. In its action it extends to all members of society, but its functional manifestation in relation to different groups is not the same.

Social protection models(according to Antropov V.V.)

The economic model of social protection can be understood as the established principles of organization and functioning of its programs in a particular country. In countries European Union four main models dominate: the continental or Bismarckian, the Anglo-Saxon or Beveridge model, the Scandinavian and the southern European.

Continental model (Bismarck model) establishes a strict connection between the level of social protection and the duration of professional activity. It is based on social insurance, the services of which are financed mainly by contributions from employers and insured persons. This model is based on the principle of professional solidarity, which provides for the existence of insurance funds managed on a parity basis by employees and entrepreneurs. They accumulate social contributions from wages, from which insurance payments are made. Financing of such systems, as a rule, is not carried out from the state budget, since the principle of budgetary universality is the opposite of such a model of social protection. However, in the modern conditions of the existence of a welfare state in Europe with its extensive network of social programs, this model of social protection, as a rule, is not always based only on this principle. Therefore, for low-income members of society who do not have the opportunity to receive social insurance payments for a number of reasons (for example, due to the lack of the necessary insurance experience), national solidarity is realized through social assistance systems. In this case, we can talk about auxiliary mechanisms that are deviations from the main logic of the “Bismarckian” model. Despite the existence of the principle of compulsory social insurance (for example, in Germany, compulsory social insurance is prescribed by law), it is not fully observed. This is due to the existence of maximum salary levels, above which membership in social insurance regimes is not mandatory (only voluntary insurance is possible), or limitation of contributions (in this case, within the framework of compulsory social insurance, contributions are made only within the limits of the maximum salary, and social payments calculated in relation to this level). Thus, this model is based on the principle of actuarial justice, when the amount of insurance payments is determined primarily by the amount of insurance premiums. At the time of his birth in Germany in late XIX V. The German social protection system reproduced precisely this model. Today, the significant development of the social assistance system (built on the principle of welfare, not insurance) leads to a modification of this model and an increase in the share of budget financing of social protection.

Anglo-Saxon model (Beveridge model) represented in Europe by Great Britain and Ireland. It is based on the report of the English economist W. Beveridge, presented to the British government in 1942. Keynes’s ideas that the dynamics of social production and employment are determined by factors of effective demand, and therefore the redistribution of income in the interests of social groups, had a significant influence on the provisions put forward by Beveridge. , receiving lower incomes, can increase the money demand of mass buyers. The model is based on the following principles: the principle of universality of the social protection system - its extension to all citizens in need of financial assistance; the principle of uniformity and unification of social services and payments, which is expressed in the same amount of pensions, benefits and medical care, as well as the conditions for their provision.

The principle of distributive justice is fundamental in this model, since in this case we're talking about not about professional (as in the case of Bismarck's model), but about national solidarity. Such social protection systems are financed both from insurance contributions and from taxes. Thus, family benefits and healthcare are financed from the state budget, and other social benefits are financed from insurance contributions of employees and employers. Unlike the continental one, this model includes social insurance with fairly low social payments and social assistance, which plays a dominant role in this system.

Scandinavian model of social protection typical for Denmark, Sweden and Finland. Social protection is understood as a legal right of a citizen. Distinctive feature The Scandinavian model is a wide coverage of various social risks and life situations that require public support. Receipt of social services and payments, as a rule, is guaranteed to all residents of the country and is not conditional on employment and payment of insurance premiums. In general, the level of social security offered by this model is quite high. This is achieved not least through an active redistribution policy aimed at equalizing income. A necessary precondition for the functioning of this model is a highly organized society, built on the basis of adherence to the principles of an institutional welfare society.

Financing of social protection systems related to this model is carried out primarily through taxation, although insurance contributions from entrepreneurs and employees play a certain role. The only part of social protection separated from the general system is unemployment insurance, which is voluntary and administered by trade unions. Until recently, employed people were practically exempt from paying insurance premiums and participated in the social protection system by paying taxes. However, in the last decade of the 20th century. There has been a trend toward a gradual increase in the share of employees participating in the financing of insurance programs and an increase in insurance deductions from wages. The same trend can be seen in relation to entrepreneurs, while government social spending has noticeably decreased in recent years.

Southern European model social protection is represented in Italy, Spain, Greece and Portugal. Only in recent decades, under the influence of socio-economic and structural changes, social protection systems have been created or improved in these countries. Unlike the previous ones, this model can be interpreted rather as developing, transitional, and therefore not having a clear organization. That is why the “rudimentary” nature of this model is noted as its main feature by various Western researchers. As a rule, the level of social protection characteristic of this model is relatively low, and the task of social protection is often seen as the concern of relatives and family. Therefore, the family and other institutions of civil society play an important role here, and social policy is predominantly passive in nature and focused on compensating for losses in the income of certain categories of citizens. A characteristic feature of this model is also the asymmetric structure of social expenditures. Thus, in Italy, this is manifested in the fact that the largest part of social expenditures is pensions (14.7% of GDP at the average European level - 12.5%), while relatively insignificant funds are spent on supporting the family, maternity, education and employment policy (about 1%).

The formation of modern social protection systems is associated with the process of industrialization, strengthening state regulation of social processes, and the complication of the socio-demographic structure of society. The peak of development of social protection systems occurred in the 1960-1970s, when many states assumed high obligations to ensure social protection of the population. This was facilitated by the accelerated pace of economic growth, the strengthening of the role of the state in socio-economic processes, and the formulation of the theory of the “welfare state”. Subsequent economic crises changed the situation, as a result of which in 1980 - 1990. the main problems of the current stage of development of social protection systems have been identified. They were caused by a number of reasons of a demographic, political and economic nature. By the 1980s, the trend to expand social protection had exhausted its possibilities, approaching threshold values.

Principles of social protection

Social protection is based on the following principles:

- Social partnership– the state solves practical social problems together with interested bodies and organizations.

- Economic justice – socio-economic support for those who cannot participate in economic relations for objective reasons.

- Adaptability – the ability of the social protection system to self-development and self-improvement.

- Priority of state principles - the state acts as a guarantor of ensuring a socially acceptable standard of living for those who cannot achieve this on their own.

- Preventive measures for social protection – forecasting and preventing social risks at the regional level for their more effective elimination, in particular through a flexible combination of paid and free services.

Social protection objects

Federal and regional legislation identifies the following categories of the population protected by certain legal acts, since without protective measures they will be in difficult life situation:

  • elderly citizens who are single and living alone;
  • disabled people of the Great Patriotic War and families of fallen military personnel;
  • disabled people, including those disabled since childhood, and disabled children;
  • citizens who suffered from the consequences of the accident at the Chernobyl nuclear power plant and radioactive emissions in other places;
  • unemployed;
  • forced refugees and migrants;
  • orphans, children left without parental care and the families in which they live;
  • children with deviant behavior;
  • low-income families;
  • large families;
  • single mothers;
  • citizens infected with HIV or suffering from AIDS;
  • persons without a fixed place of residence.

For these categories social protection is considered as a system of permanent or long-term measures guaranteed by the state, providing conditions for overcoming a difficult life situation. These measures are aimed at creating protected categories of the population equal opportunities to participate in the life of society with other citizens. These include social assistance and social support.

Social help- periodic or regular activities that help eliminate or reduce a difficult life situation.

In accordance with Art. 1 Federal Law No. 178-FZ of July 17, 1999, state social assistance is understood as the provision of social benefits, subsidies, compensation or vital goods to low-income families or citizens living alone at the expense of the budget. A person is considered low-income if his monthly income is less than the minimum subsistence level established in the region of his residence.

Benefit– This is a sum of money provided free of charge. It is non-targeted. That is, its recipient can dispose of the money at his own discretion. Payment of benefits is an auxiliary measure; its purpose is to support a person, and not to fully provide him with material resources.

Unlike the benefit subsidy It has special purpose, and represents payment for material goods or services provided to citizens.

Compensation- this is compensation to citizens for expenses incurred by them, and not any, determined arbitrarily according to their needs, but established by the state. The appointment and payment of benefits and compensation is also carried out by the relevant departments of the territorial bodies of social protection of the population.

Social support- one-time or episodic measures of a short-term nature, not directly aimed at eliminating a social problem, but helping to reduce it.

Social protection provides all disabled and socially vulnerable layers and groups of the population, in accordance with the procedure established by law, with advantages in the use of public consumption funds, direct social assistance, and tax reduction. Social protection not only has a clear targeted focus, but is also distinguished by the diversity of its methods and forms and is complex in nature. Along with social security, various forms of social assistance and support are used, including various forms of social services, counseling and psychological assistance.

For able-bodied citizens, social protection guarantees equal opportunities for life support through personal labor contribution, economic independence and entrepreneurship.

Principles of social protection declared by a number of regulations.

The leading principle of social protection is social justice, according to which all members of society are provided with equal access to social benefits and guarantees on a legal basis.

Targeting of social protection is a means of ensuring social justice, as it takes into account the individual difficult life situation of a particular person. The criteria for providing targeted social assistance are:

The contingent of protected people in legislative practice is limited to those categories of the population who are completely or partially deprived of the ability to work and self-sufficiency. Targeted assistance to those in need is provided in accordance with social criteria. The criteria are based on social standards, which are scientifically based indicators of the level of consumption of the most important goods and services, the amount of monetary income and other data characterizing human living conditions.

The principle of economic efficiency focuses on a positive ratio of the costs of social protection and its socio-economic effect. The volume of social expenditures must be in such a ratio that receiving benefits does not become preferable to wages. Contributions to finance the social sphere must be correlated with all economic indicators, including GDP, wage fund, personal income, etc.

Based on the principle of an integrated approach, the tasks of supporting marginalized sections of the population and stabilizing economic and social development - the leading goals of social policy - are most effectively solved. Complexity is ensured by the coordination and consistency of the actions of the subjects of social policy, the unity of goals and directions of their activities.

The principle of social partnership focused on solving practical social problems by the state together with business, public organizations, representatives of various levels and branches of government.

The principle of solidarity, the essence of which is the redistribution of income from one socio-demographic group to another.

The principle of adaptability presupposes the ability of the social protection system to self-development and self-improvement.

Principle of economic justice is to protect all participants in labor activity by maintaining the ratio of wages between budgetary organizations and subjects of market relations. This principle is implemented in two forms: fair exchange and fair distribution. Social justice presupposes socio-economic support for those who cannot participate in economic relations for objective reasons (disabled people, children, adolescents, students, pregnant women, mothers of many children, etc.) or who have lost their ability to work due to various circumstances.

The principle of priority of state principles assumes that the state should act as a guarantor of economic provision of a socially acceptable standard of living for those who cannot achieve this on their own.

The principle of economic independence local authorities highlights the role of local authorities. Social benefits and other payments at the federal level are guaranteed in a minimum amount. All payments above this level are made from the local budget and local funds so that the population of the region and its administration are interested in the development of the economy of their own region.

The right to preventive measures for social protection makes it possible to predict social risks at the regional level in order to more effectively eliminate them. Prevention of social risks is carried out by various mechanisms (for example, in case of job loss - assistance in finding employment). The combination of paid and free services makes it possible to satisfy a wide range of people's social needs.

Social law identifies a numbersubjects social responsibility for the quality of life of the population.

The most important subject of social protection of the population is the state, which develops and implements social protection measures. It provides a minimum level of social guarantees, creates conditions for people’s livelihoods, develops a legal basis for social protection and organizes the work of non-budgetary state social insurance funds.

Public organizations actively influence the improvement of social security of citizens. 49% of non-profit organizations belong to the category of public associations and carry out their activities in the social sphere.

The role of employers in the social protection system is increasing, which is associated with the development of the domestic economy. Successful enterprises and firms with significant financial resources are increasingly providing their employees with additional social benefits: payment for rest, treatment, long-term interest-free loans, food, payment for transport. .

The modern concept of social protection proceeds from the fact that it should not be reduced to free assistance. The main subject of social protection of able-bodied citizens is a person who realizes his needs and interests in the field of social and labor relations.

Social protection means are:

Regulatory restrictions that prevent the effects of market mechanisms from reaching social dangerous level. To achieve this, the state regulates the minimum level of wages, guarantees the minimum permissible tax rates, guarantees a minimum free education and medical care;

A system of social incentives in the form of benefits, subsidies, installment plans, free or partially paid services and incentives for philanthropists.

Taking into account the results of a comprehensive analysis of the level of social and economic living conditions of population groups in need of support;

Organization of pension provision for citizens, including the creation of a non-state pension system;

Development of measures for material and everyday services for disabled and other citizens in need of social protection;

Creation of a targeted, differentiated support system on a state and charitable basis;

Organization and implementation of new forms and types of in-kind assistance, humanitarian, technical, emergency assistance.

Structure of social protection bodies

The structure of social protection bodies consists of the following elements:

  • The state represented by its representative and executive bodies operating at the federal, regional and local levels. They formulate a general concept, determine the main directions of social policy, its strategy, tactics, provide a legislative and legal basis, and implement specific provisions on the ground.
  • Structures of the emerging civil society (public associations, organizations, enterprises, firms).
  • Social activities carried out within enterprises and firms become of great importance in solving social problems of certain categories of the population; activity of political, trade union and public associations, charitable and voluntary organizations. They implement social policy within relatively narrow limits corresponding to their competence. The management of the state social protection system depends on the level at which it is implemented.

Created for management and control one system executive bodies in the field of social protection, which is formed by social protection management bodies and subordinate enterprises, institutions, organizations, and territorial bodies.

An important goal in improving this system is to establish stable, orderly connections between all its levels and social infrastructure institutions that ensure its functioning.

At the federal level, the management of the social protection system is carried out by the Ministry of Labor and Social Protection of the Russian Federation (see: www.rosmintrud.ru).

The management of the social insurance system is carried out with the help of specialized funds: the Pension Fund, the Social Insurance Fund and the Mandatory Medical Insurance Fund.

At the regional level, management is carried out by the executive authorities of the subject of the federation. Thus, in Moscow, the functions of implementing state policy in the field of social protection of citizens are carried out by the capital’s Department of Social Protection of the Population (see: Regulations on the Department on the website www.dszn.ru).

The department, its subordinate enterprises, institutions, organizations, as well as territorial bodies of social protection of the population form a unified state system of social protection of the population, providing state support for families, elderly citizens, veterans and disabled people, persons discharged from military service, and members of their families, development social service systems, implementation of state policy in the field of pensions and labor relations.

At the local level, the department of social protection of the population most often operates under the district administration. Let us consider, for example, the management structure in the city of Mytishchi, Moscow Region:

MANAGMENT STRUCTURE:

District departments of social protection of the population are territorial structural divisions of regional ministries or departments of social protection of the population and implement social protection functions in relation to the population of a particular municipality.

Understanding the Features organizational structure social protection authorities is necessary for a church social worker due to the fact that he will be able, saving time and effort, to directly contact a competent specialist to resolve a specific problem. The difficulty of studying this topic lies in the fact that each region forms a system of bodies and institutions independently, and even the regional body that manages the entire social sphere can be called completely differently, which somewhat complicates the understanding of the functions and tasks of these bodies. So, if in Moscow it is the Department of Social Protection of the Population, then in the Leningrad Region it is the Committee for Social Protection of the Population, the Ministry of Social Policy in the Sverdlovsk Region, the Committee for Social Security in the Kursk Region.

Organizational and legal forms of social protection of the population

Nesterova G.F.

Leading organizational and legal forms social protection of the population are:

The right to social security is one of the basic socio-economic rights of the population: “Everyone is guaranteed social security in cases of illness, disability, loss of a breadwinner, for raising children and in other cases established by law” (Constitution of the Russian Federation, Article 39).

Pension provision guarantees the constitutional right of citizens to security in old age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law. Pension relations in Russia are regulated by the laws “On State Pensions in the Russian Federation” and “On Labor Pensions” " dated December 17, 2001. The grounds for providing labor pensions are insurance risks: reaching the age of incapacity for work, the onset of disability, loss of a breadwinner. The grounds for state pension provision are different, for example, the achievement of length of service. The legislation subdivides pensions: labor pensions for old age, disability, and loss of a breadwinner; state pensions for WWII participants, military personnel and members of their families, civil servants for length of service and allocates pensions to disabled citizens who are not entitled to labor pensions (social pensions). In accordance with the law, pensions are divided into state and labor. Citizens who for some reason do not have the right to a pension in connection with labor and other socially useful activities are provided with a social pension. Pensions are subject to indexation in connection with the increase in the cost of living in the manner prescribed by law.

The right to an old-age labor pension with at least 5 years of service is available to men upon reaching 60 years of age, and women upon reaching 55 years of age. Certain categories of workers (miners, military) are granted pensions on preferential terms (at a lower age and length of service).

The main criterion for the conditions and standards of pension provision is labor and its results. Pension legislation ensures the right of citizens to choose one of the types of pensions. An exception is established only for persons who have become disabled due to military trauma, who can simultaneously receive two types of pensions: old age and disability. Working pensioners are paid a full pension and are also provided with a bonus for each year worked. Installed certain rules and for recalculation of other types of pensions.

The circle of persons receiving a social pension includes: disabled people, including disabled people since childhood; children under the age of 18 who have lost one or both parents, citizens who have reached retirement age. The social pension does not depend on the participation of citizens in socially useful work and is set in an amount that depends on the minimum labor pension and is calculated in a certain ratio.

Pension payments are financed by the Pension Fund of the Russian Federation (PFR). The Pension Fund of the Russian Federation was created in 1990 with the purpose government controlled finances of pension provision in the Russian Federation. The Pension Fund of Russia is an independent financial and credit institution and is under the jurisdiction of the Government of the Russian Federation. The rate of insurance contributions to the Pension Fund is determined by federal law. The funds of the Pension Fund are formed from:

  • employers' insurance contributions,
  • insurance premiums of citizens engaged in individual entrepreneurial activities;
  • insurance contributions of other categories of working citizens;
  • allocations from the federal budget.

Non-state pension funds operate independently of the state pension system. Payments from these funds are carried out along with payments of state pensions. Non-state pension provision can be provided in the form of additional professional programs, and in the form of personal pension insurance of citizens.

An important stage in the implementation of the concept was the adoption of the Federal Law “On individual (personalized) accounting in the state pension insurance system.” Additional pension provision is provided by non-state pension funds (NPF);

According to the Russian Pension Fund, at the end of 2011, the coefficient of replacement of lost earnings with pensions (an indicator of the ratio of the average pension to the amount of wages) was 20%.

According to international standards, a replacement rate of up to 20% is considered a gross violation of a citizen’s pension rights. Convention International organization Labor No. 102 requires that this figure be no lower than 40%. Russia has not yet ratified this document.

An important legal form of social protection of the population is the law “On State Social Assistance”, which regulates state social assistance to low-income citizens and families at the expense of regional budgets and monthly cash payments (MCP) at the expense of the federal budget and “ social packages» for certain categories of the population included in the federal register. The system of social support for the population under this law is based on regional budgets. The right to receive one-time state social assistance under this law is granted to especially needy pensioners, disabled people, and other disabled citizens whose total average per capita income does not exceed the minimum established at the regional level.

The financial source of social security is the current income of participants in social production, withdrawn through taxation (income tax) and targeted contributions from employers and employees. These taxes and contributions, in addition to the Pension Fund of the Russian Federation, form the Social Insurance Fund, which forms the financial basis of social insurance benefits.

The objects of state social insurance are the temporarily economically inactive population.

Social insurance acts as an institution for protecting the economically active population from the risks of loss of income(salary) due to loss of ability to work(illness, accident, old age) or place of work.

The following are identified as social insurance risks:

  • the need to obtain medical care;
  • temporary disability;
  • work injury and occupational disease;
  • motherhood;
  • disability;
  • the onset of old age;
  • loss of a breadwinner;
  • recognition as unemployed;
  • death of the insured person or disabled dependent family members.

The main task of the Social Insurance Fund- provision of state-guaranteed benefits for temporary disability, pregnancy and childbirth, at the birth of a child, for caring for a child when he reaches one and a half years old, for burial, for sanatorium treatment and health improvement of employees and members of their families.

The formation of a modern social insurance system is taking place on the basis of the adoption of a number of laws: “On medical insurance of citizens in the Russian Federation” (1993), “On employment in the Russian Federation” (1991), “On the fundamentals of compulsory social insurance” (1999), “ On compulsory social insurance against industrial accidents and occupational diseases" (1998), "On compulsory pension insurance in the Russian Federation" (2001).

Currently, there are two forms of social insurance: mandatory (by law for subjects of insurance - state) and voluntary. Typical types of social insurance are pension, medical, and industrial accident insurance.

State pension insurance- a type of insurance carried out at the expense of contributions from employers and employees in order to provide citizens with labor pensions for old age, disability, and in the event of the loss of a breadwinner.

The Law “On Medical Insurance of Citizens in the Russian Federation” determined the legal, economic and organizational foundations of this institution of social protection. Purpose of health insurance- guarantee that citizens receive medical care from accumulated funds in the event of an insured event. In accordance with the Law, health insurance is represented by two types:

  • mandatory;
  • voluntary.

Compulsory health insurance is universal for the population of the Russian Federation and is implemented in accordance with programs that guarantee the volume and conditions of providing medical care to citizens.

Voluntary health insurance is carried out on the basis of programs that provide citizens with services in excess of those established in compulsory health insurance programs on the basis of payment for services by citizens or organizations.

In accordance with the Law, funds for compulsory health insurance (employee insurance payments) are concentrated in the Federal and Territorial (regional) compulsory health insurance funds. Compulsory health insurance is thus provided by a system of funds consisting of the federal fund and territorial funds of compulsory health insurance in the constituent entities of the Federation. The insurance rate of contributions for compulsory health insurance paid by employers and other payers is determined by the federal law of the Russian Federation.

The Constitution of the Russian Federation (Article 41) defines minimum social guarantees in the field of healthcare. To assess the minimum acceptable level of meeting the needs for medical care, indicators of the provision of doctors, hospital beds, and outpatient facilities per 1000 residents in the region are used.

New entities are emerging in the healthcare system - medical insurance organizations that choose medical institutions and pay for medical and preventive care provided to insured persons. Since 1993, compulsory health insurance has been included in the Russian social insurance system, which is financed in the form of contributions by the majority of employers of all forms of ownership, as well as by the state directly from the budget. Health insurance has come to be considered as the most adequate health care system for a market economy, improving the quality of medical services.

Insurance contributions of most enterprises amount to 26% of the wage fund. The amounts of contributions for certain types of social insurance in relation to accrued wages are:

  • to the Pension Fund - 19%;
  • to the Social Insurance Fund - 3.4%;
  • to the Compulsory Health Insurance Fund - 3.6%.

As state minimum standards in the field of wages the following are established:

  • minimum wage (minimum wage);
  • living wage for the working population.

Minimum social guarantees in the field of wages will not be valid until the economic function of wages is restored. In terms of social protection, this is important, since wages are not only an economic category, but also a moral one, designed to provide a person with a certain social status.

One of the important aspects of minimum social guarantees is the guarantee of protection against unemployment. There are two sides to solving this problem: creating economic conditions for maximum employment and self-employment of the population - on the one hand, and state support - on the other hand. State employment promotion programs adopted annually by the government, as well as the implementation of the federal target program for job creation, are aimed at reducing the unemployment rate.

The state guarantees the unemployed:

  • payment of unemployment benefits;
  • assistance in finding a suitable job
  • payment of scholarships during the period of professional training, advanced training, retraining in the direction of the employment service;
  • the opportunity to participate in paid public works and temporary work.

Unemployment benefits are provided from regional budgets, paid during the year of unemployment, subject to an active search for suitable work through the Employment Center and equal to the subsistence minimum for a given subject of the Federation in the first 4 months of unemployment (later it decreases).

An important link in the social protection of the population is legally required programs for employment, retraining and housing, aimed primarily at young people.

To stimulate the economic independence of young people, vocational training or retraining and socio-psychological preparation for entering the role of economically independent taxpayers are offered. This policy leads not only to a reduction in the number of unemployed, but also to other positive effects. To reduce the number of unemployed, “income policy” and monetary policy are also actively used.

Thus, social protection is carried out at the expense of the federal and regional budgets, and specially created extra-budgetary social funds. Its comprehensive nature can be represented, for example, by a system of measures for the social protection of people with disabilities:

Activities for social protection of disabled people can be divided as follows:

Social service

One of the leading organizational and legal forms of social protection of the population is social services. Social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

The corresponding branch of social law is represented by two federal laws. The Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation” dated December 10, 1995 No. 195-FZ is a framework, providing general concepts about the content, concept and organization of the social service system. The Federal Law “On Social Services for Elderly Citizens and Disabled Persons” dated August 2, 1995 No. 122-FZ clarifies, in addition to regulating private issues of serving the target category of persons, a number of concepts and mechanisms of social services. There are also 26 National Standards for Social Services. These regulations include, for example, GOST R 52495-2005 “Social services for the population. Basic terms and definitions”, GOST R 52143-2003 “Social services for the population. Main types of social services”, GOST R 52142-2003 “Social services for the population. Quality of social services”, GOST R 52496-2005 “Social services to the population. Quality control of social services. Basic provisions”, GOST R 52497-2005 “Social services for the population. Quality system of social service institutions”, GOST R 52883-2007 “Social services to the population. Requirements for personnel of social service institutions."

These standards are essentially technical and do not provide fundamental legal norms. They determine the basic requirements for the volume, quality and forms of social services.

The state guarantees citizens the right to social services in the state system of social services for the main types of services defined by the Law.

The Law applies the following basic concepts (as amended by Federal Law No. 122-FZ of August 22, 2004):

1) social services - enterprises and institutions, regardless of their form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity;

2) social service client - a citizen who is in a difficult life situation, who is provided with social services in connection with this;

3) social services - actions to provide certain categories of citizens in accordance with the legislation of the Russian Federation, the client of a social service with assistance provided for by this Federal Law;

4) difficult life situation - a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc. ), which he cannot overcome on his own.

Social services are provided on the basis of an application from a citizen, his guardian, trustee, other legal representative, government body, local government body, or public association. Every citizen has the right to receive free information from the state system of social services about the possibilities, types, procedures and conditions of social services.

Foreign citizens and stateless persons enjoy in the Russian Federation the same right to social services as citizens of the Russian Federation, unless otherwise established international treaties Russian Federation.

The Constitution of the Russian Federation does not contain direct references to social services except for the explanation that in the Russian Federation, as a social state, a system of social services is developing (Article 7, Part 2). Considering the basic principles of social services formulated in Article 5 of the Federal Law “On the Fundamentals of Social Services for the Population in the Russian Federation”:

1) targeting;

2) accessibility;

3) voluntariness;

4) humanity;

5) priority of providing social services to minors in difficult life situations;

6) confidentiality;

7) preventive orientation, it should be noted that they are not based on civil law, but introduce a certain block of norms that are analogous to the provisions of the Universal Declaration of 1948, since they represent human rights enshrined in the Declaration. These principles include accessibility, voluntariness, humanity, and confidentiality. Unfortunately, the Law does not decipher the specific implementation of these principles in the form of articles. Their implementation is partially presented in articles 7, 9, 11, 12, 15 of the Federal Law “On social services for elderly and disabled citizens.” For example, the principle of confidentiality, to which Art. 11 “Confidentiality of information”. At the same time, the mechanism for implementing the principle of accessibility is very vague, and there are no direct references to it in any article of both laws. The voluntary nature of service is stated in Art. 7, 9, 12, but exceptions to this rule are given in Art. 15. Certain aspects of the implementation of the principle of humanity can be seen in Art. 7, 12 and some other articles of the Federal Law “On social services for elderly citizens and people with disabilities,” but a unified and consistent mechanism is not presented.

The social service system includes state, municipal and non-state services. The state social service includes institutions and enterprises of social services, executive authorities of the Russian Federation and a constituent entity of the Russian Federation, the competence of which is transferred to the organization and implementation of social services. The municipal social service includes institutions and enterprises of social services, local self-service bodies, whose competence includes the organization and implementation of social services. Non-state social service includes institutions and social service enterprises created by charitable, public, religious and other non-governmental organizations and individuals.

TO types of social services relate:

The forms of services provided by social services are determined State standards:

  • Material aid ( cash, food, industrial goods, vehicles, special equipment, prosthetic and orthopedic products, medicines, fuel, etc.).
  • Help at home (performing household services, childcare, medical and social assistance and other services).
  • Continuous care in a hospital setting (food, social services, health care, medical, labor rehabilitation, leisure activities).
  • Advisory assistance.
  • Providing temporary shelter.
  • Organization of day care in social service institutions.

A person in a difficult life situation can receive social assistance if he contacts a social service. Specialists of a social institution are obliged to check the compliance of the parameters of the applicant’s life situation with the normatively prescribed requirements for a recipient of social assistance.

The current social service system in Russia is of a territorial and departmental nature, that is, it is as close as possible to the population.

The management of social services for the population is carried out by territorial (regional and district) bodies of social protection of the population, which build their activities in cooperation with the bodies of health care, education, culture, physical education and sports, law enforcement agencies, government services for youth affairs, employment services, as well as public, and religious organizations.

Financing of social services is carried out on a budgetary basis and consists of:

  • normative deductions from the budgets of the corresponding level (subject of the federation or municipal) in the amount of at least 2% of the expenditure part of the budget;
  • funds from the federal budget for the implementation of individual tasks;
  • finances as a result of the redistribution of funds between committees and departments of services at various levels for the implementation of regional, city and district programs;
  • additional funds from the regional and local budgets to provide targeted measures to adapt population incomes to the rising cost of living;
  • income from paid services and from economic activity;
  • charitable donations and contributions from enterprises, public organizations and individuals, proceeds from charitable events.

State standards of social services regulate social services that provide the most important human needs: social and domestic; socio-psychological; social and legal; socio-pedagogical; socio-medical and other needs of citizens.

In Art. 25 Federal Law “On the Fundamentals of Social Services in the Russian Federation” emphasizes that the effectiveness of social services is ensured by specialists who have professional education, meeting the requirements and nature of the work performed, experience in the field of social services and inclined by their personal qualities to provide social services. In Art. 36 Federal Law “On Social Services for Elderly Citizens and Disabled Persons” defines the rights of social workers employed in the state and municipal sectors:

  • work under the terms of an employment agreement (contract);
  • free preventive examination and examination upon entry to work and free dispensary observation in state and municipal health care institutions at the expense of appropriate budgetary allocations;
  • protection of professional honor, dignity and business reputation, including in court;
  • obtaining qualification certificates and licenses for professional activity in the field of social services;
  • free receipt of living space and housing and communal services if they live in a rural area or an urban-type settlement, in the manner established by the legislation of the Russian Federation.

In addition, social workers have the right to be provided with work clothes, shoes and equipment or to receive monetary compensation for their purchase, priority service by trade, catering, and household enterprises, free travel on public transport, and priority installation of a telephone.

A number of factors hinder the development of a network of social services:

  • problems associated with the mechanism for monitoring the volume and quality of social services provided;
  • lack of competent, educated specialists in the social sphere;
  • imperfection of the regulatory framework;
  • insufficient funding for some projects;
  • insufficient awareness of the population about the activities of social services;
  • low social status and inadequate wages of social service workers;
  • low awareness of the population about the activities of social services;
  • lack of broad participation in the formation of the state order for the volume of services to the population in terms of social services of all sectors of social partnership: state authorities, local governments, business and associations of entrepreneurs and non-profit organizations.

Non-state social services turn out to be more competitive both in terms of the quality of the proposed services and their prices. The role of religious social organizations is constantly increasing, as they are increasingly taking care of the elderly, dependent people, and children left without parental care.

Characteristics of modern social services

Currently creating networks of various social services with the aim of providing assistance to different groups of the population is close to completion. This means that many social problems have organizational, legal and financial frameworks for their solution defined by law. On the one hand, it turns out that the crystallization of bureaucratic structures in social work is close to completion. On the other hand, in order to meet the requirements of a changing reality, social services must respond flexibly to new problems, increasing the number of functions of existing services or creating new, specialized ones.

The tendency to create the most economical territorial network of social services, covering all problem categories of the population with their activities, led to the design and implementation modular system services In this system, each service consists of department-modules, specialized in providing social assistance to a certain category of the population. Depending on the problems of the territory served, the structure of a social service institution is formed as a set of module departments that most adequately meet local social needs.

The widest range of modules have comprehensive social service centers (CSSC). They can contain up to 13 compartments:

  • Organizational and methodological department aimed at macro-social activities. Conducts social monitoring of the service territory and compiles its “social passport”. Predicts social processes and proposes measures to improve social protection of the population of the territory. Introduces advanced forms and types of social assistance. Develops and distributes teaching materials on social protection issues. Informs the population through the media about the activities of the CCSC.
  • Advisory department advises on issues of social services, career guidance, education and employment of people with disabilities. Promotes the solution of legal problems within the competence of social protection authorities, provides socio-psychological counseling, and provides emergency psychological assistance via a “helpline”.
  • Emergency Social Services Department provides one-time assistance in a crisis situation with free hot meals or food packages, clothing, shoes and other essential items, and cash benefits to support life. Provides psychological, pre-medical, medical, social and legal assistance. Assists in obtaining temporary housing.
  • Department of Trade Services for Low-Income Citizens provides essential goods at reduced prices to low-income citizens referred by the emergency social services department.
  • Department of psychological and pedagogical assistance to families and children patronizes dysfunctional families, promotes raising children, teaching family members a healthy lifestyle, maintaining mental and physical health, and resolving family conflicts. Conducts a personality examination and behavior analysis to determine the tactics of psychological and pedagogical assistance. Diagnoses the psychophysical, intellectual and emotional development of the child, his inclinations and abilities. Corrects developmental distortions and communication disorders in children, inadequate emotional reactions and behavioral stereotypes, conflictual relationships between parents and children, deviant parental attitudes in raising children, and violations of marital relationships. Conducts trainings on relieving anxiety and stress, overcoming inappropriate forms of behavior. Organizes the activities of self-help groups, communication clubs, conducts seminars, round tables, and conversations on family and childhood issues.
  • Department of assistance to women in difficult life situations patronizes women with physical and mental health problems or those who have been subjected to psychophysical violence. Works to increase stress resistance and psychological culture women in the sphere of interpersonal, family and parental communication. Helps create a favorable microclimate in the family and overcome violations of marital and intra-family relationships. Provides socio-psychological assistance in adaptation to socio-economic living conditions.
  • Department for the Prevention of Child and Adolescent Neglect patronizes maladjusted children prone to antisocial behavior. Provides social assistance to orphans and children without parental care. Identifies the causes of social maladjustment. Conducts psychological, medical and pedagogical diagnostics of the forms and degrees of maladjustment. Forms individual and group social rehabilitation programs. Involves correctional children's institutions, additional education institutions, and social services agencies in their implementation. Monitors the implementation of correctional and rehabilitation activities by families at home.
  • Day care department for children and adolescents implements programs for their social rehabilitation in semi-stationary conditions. Creates rehabilitation groups of 5-10 people in free time from studies according to group programs that take into account individual rehabilitation programs. Provides medical, social and psychological assistance, conducts training sessions and club work, promotes active leisure, provides groups with hot meals and conditions for daytime sleep.
  • Department of Rehabilitation of Children and Adolescents with Physical and Mental Disabilities carries out psychological-social, socio-pedagogical, social-medical, social-household, social-labor habilitation in day care conditions. Teaches parents methods of education and habilitation. Creates conditions for the implementation of individual programs together with other social institutions in free time from study. Organizes leisure and extracurricular education depending on age and health status. Teaches self-care skills, behavior, self-control, and communication. Provides career guidance, occupational and play therapy. Interacts with parents for the purpose of continuity of habilitation activities and adaptation of children in the family. Consults families, including on social and legal issues. Provides clients with hot meals and nap opportunities.
  • Department of social services at home for elderly and disabled citizens provides social and domestic assistance to people who have partially lost the ability to self-care in order to prolong their stay in their usual habitat and maintain their social, psychological and physical status. Depending on the nature and degree of need, it provides social, advisory and psychological-social services included in the Federal List of State-Guaranteed Social Services, as well as, at their request, additional social services.
  • Specialized Department of Social and Medical Services at Home for Elderly and Disabled Citizens provides home-based social services, pre-hospital medical and medical-social assistance to people who have lost the ability to self-care and have chronic diseases. Provides qualified care and moral and psychological support to clients and members of their families, teaches relatives how to care for the sick, monitors health conditions, and prevents exacerbations of diseases. Services include: sanitary and hygienic assistance (wiping, washing, hygienic baths, cutting nails, combing, changing linen), measuring temperature and pressure, compresses, dressings, treating bedsores and wounds, feeding weakened patients, taking samples for laboratory tests, calling a doctor at home, accompanying clients to medical institutions and visiting them during hospitalization.
  • Day care department for elderly and disabled citizens provides social, socio-psychological, everyday, socio-cultural services to people who have retained the ability to self-service, attracts them to feasible work activities and supports an active lifestyle. Conducts social rehabilitation activities in the form of restorative therapeutic groups and groups for the development of communication skills, therapeutic and health-improving physical education, occupational therapy, lectures, excursions, and individual socio-psychological counseling.
  • Department of Temporary Residence for Elderly and Disabled Citizens organizes living conditions close to home, provides social rehabilitation services for single people who have fully or partially retained the ability to self-care and free movement. Provides environment-based treatment: adaptation of clients to new living conditions, restoration of their personal and social status using correctional and rehabilitation methods similar to those used in the day care department for these categories of citizens. Provides social, social, medical, and social advisory assistance.

Center for Social Assistance to Family and Children contains modules aimed at working with these categories of the population, including:

  • advisory department
  • emergency social service department
  • department of psychological and pedagogical assistance
  • department for helping women in difficult life situations
  • department for the prevention of child neglect
  • day care department for minors
  • Department of Rehabilitation of Minors with Physical and Mental Disabilities

This set is complemented citizen reception department receiving, identifying the needs of children and families living in the service area, referring them to the appropriate departments of the Center, creating a data bank on requests to the Center and inpatient department, implementing social rehabilitation programs for maladjusted children in a temporary hospital setting. The directions and forms of work in this department are similar to the activities of the day care department for children and adolescents. As a structural unit of the Center, it can be organized social shelter for children and teenagers, operating as a temporary hospital for social rehabilitation programs and accepting orphans and children left without parental care.

Social service centers provide services to elderly citizens and people with disabilities and consist of the following modules:

Social rehabilitation centers for minors specialize in the social rehabilitation of maladjusted children, or the rehabilitation of children with limited physical and mental capabilities. Both forms of centers consist of departments with standard functions:

Social shelters for children and teenagers - temporary hospitals in which orphans and children left without parental care live until their final establishment. In accordance with the goals, objectives and condition of the children, they may consist of the following units:

Centers for psychological and pedagogical assistance to the population provides socio-psychological, socio-pedagogical and psychotherapeutic assistance to families with children. Implements measures to increase stress resistance and psychological culture, prevention of deviant forms of behavior of family members, psychological and social correction of developmental disorders in children and conflict relationships between parents and children. Consults on issues of child development, formation of marital and family relationships. Provides assistance to families in raising children, teaching family members a healthy lifestyle, and maintaining physical and mental health. Organizes the activities of self-help groups, communication clubs, and an emergency psychological helpline.

Emergency psychological assistance centers by telephone differentiate activities according to the characteristics of the population category served. Depending on it, the services “Child in Danger”, “Woman in Danger”, “Man in Danger” are distinguished.

Crisis centers for women are departments of the center for social assistance to families and children, specializing in providing assistance to women in crisis situations and, in terms of the content of their work, may include

Social assistance centers at home They are part of social service centers that specialize in home-based social, social and medical services for elderly citizens and the disabled. They include:

Social homes for single elderly people are intended for free residence of single elderly people and married couples, provided that their independence is preserved and they are provided with psychological, social and medical social assistance. Apartment buildings of a hotel-corridor type, where clients live who have given their housing to the state in exchange for a one- or two-room apartment in the House. There are nursing stations on the floors, and the halls are intended for meetings and group work. The lower floors are occupied by departments and welfare services providing medical, social, social rehabilitation and other services, including a canteen, laundry, post office, etc. in such a way that the client meets his needs without leaving the Home if he has difficulty walking. The House operates:

  • organizational and methodological department
  • advisory department.

Department of Psychological and Pedagogical Assistance Conducts classes for restorative T-groups and groups for the development of communication skills, organizes circle and socio-cultural work, and self-help groups.

Gerontological centers carry out medical and social, social rehabilitation, social advisory work with elderly citizens at their place of residence. Contain:

  • organizational and methodological department
  • advisory department
  • department of medical and social rehabilitation
  • day care department.

Social service departments at home, specialized social and medical care at home And inpatient department are introduced into the structure of the Center if the territorial Center for Social Services or the Social Service Center cannot timely carry out this activity in relation to elderly citizens.

Stationary social service institutions (boarding houses) provide assistance to citizens who, for various reasons, cannot take care of themselves and receive care from relatives and family members. In addition to their structure organizational and methodological And stationary branches include occupational therapy workshops where the clients are at will work, mastering various labor skills, and social rehabilitation departments, combining elements of basic and additional education with activities typical of departments of psychological and pedagogical assistance.

Depending on the population served, these institutions are divided into boarding homes for the elderly and disabled, psychoneurological boarding schools for persons with severe mental retardation or incurable mental illness, orphanages for mentally retarded children, boarding homes for children with physical disabilities.

Night stay houses provide advisory, social rehabilitation and, in some cases, medical and social services to persons without a fixed place of residence and occupation (homeless citizens). The structure of the Houses consists of:

In recent years, various changes have been taking place in the structures of centers related to the consolidation of organizations and the transition to a different system of both financing the work with clients and encouraging the work of specialists; institutions are being reassigned. However, it is worth talking about the results of these transformations a little later.

Benefit- in a broad (general sense) - this is an improvement in the position of a subject compared to the usual state by giving him additional powers or by exempting him from performing certain duties. In a narrow (special, industry) understanding, this is the liberation of a subject, enshrined in legal norms, from the burden of fulfilling (carrying) part of the duties (Sakhno S.V., Zelenova V.V. The concept and place of the institution of benefits in the social security system. - [Electronic document] - Access mode: http://www.zabgu.ru/sites/default/files/s_ahno_zelenova.pdf Access date: 09/01/2013) Sakhno Zelenova The concept of benefits

See: Averin A.N. State social protection system: tutorial. M.: RAGS, 2010. - 124 p.; Platonova N.M., Nesterova G.F. Theory and methodology of social work. M: Academy, 2010. 384 p.

// Grigorieva I.A., Kelasev V.N. Theory and practice of social work: Textbook. – St. Petersburg: St. Petersburg State University Publishing House, 2004. – P. 313-315. (Grigorieva)

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Short course of lectures on social security law

Compiled by Yu.V. Korablina

Section I. General part

Topic 1. Concept and system of social protection bodies

Topic 2. Concept, subject, method and system of social protection law

Special part: Work experience

Topic 7. Confirmation of insurance and general length of service testimony

Labor pensions

Topic 8. Labor old-age pension

Topic 9. Labor disability pension

Topic 10. Survivor's pension

State pension provision

Topic 11. General provisions on state pension provision

Topic 12. Pensions for federal government employees

Topic 13. Pensions for military personnel and their families

Topic 14. Pensions for participants of the Great Patriotic War

Topic 15. Pensions for citizens affected by radiation or man-made disasters and members of their families

Topic 16. Social pensions

Procedure and rules for applying for pensions. Recalculation of the pension amount, indexation, adjustment and transfer from one type of pension to another.

General rules for payment of pensions:

Topic 17. Procedure and rules for applying for pensions

Topic 18. Recalculation of the pension amount, indexation, adjustment and transfer from one type of pension to another

Topic 19. General rules for payment of pensions

Benefits and compensation payments

Topic 20. Social security benefits

Topic 21. Benefits and compensation for citizens with children

Topic 22. Concept, types and general characteristics of compensation payments and provision of material and living benefits under the social security system

Medical and social services. Reforms and development prospects in the field of social security

Topic 23. Medical and social services

Topic 24. Reforms and prospects for the development of the pension system

Section III. Special part

Topic 25. International legal regulation of social security

Application

Section I. General part

Topic 1. Concept and system of social protection bodies.

Social security occupies one of the key determining places in the life of the state and society. It directly depends on economic development and is closely related to the policy of social well-being of the population.

The right of Russian citizens to social security is enshrined in Article 39 of the Constitution of the Russian Federation, according to which every citizen is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.

Social security as special social institution the state is a guarantee of the worthy development of every member of society and the preservation of a source of livelihood in the event of the onset of social risks.

Social security can be characterized as a form of distribution of material benefits in order to satisfy the vital personal needs (physical, social, etc.) of the elderly, sick, children, disabled dependents, those who have lost their breadwinner, the unemployed, all members of society in order to protect health and normal reproduction work force at the expense of special funds created in the company on an insurance basis, or at the expense of state appropriations in cases and under the conditions established by law.

In short, social security refers to various forms of assistance from society to its members.

The main organizational and legal form of social security is state social insurance. Its essence lies in sharing the social risk of loss of earnings, a decrease in income below the subsistence level, the need for medical care and other social services between the state and the workers themselves, who are subject to compulsory state social insurance.

To implement the constitutional rights of citizens to pensions, social insurance, social security in case of unemployment, health care and medical care, federal extra-budgetary funds are created.

In connection with the entry into force on January 1, 2001. Part 2 of the Tax Code and the establishment of a unified social tax changed the procedure for transferring payments to state social extra-budgetary funds. These funds include:

V Social Insurance Fund of the Russian Federation,

V Pension Fund of the Russian Federation,

V Federal Compulsory Medical Insurance Fund.

Another organizational form of social security is direct allocation from the federal budget (for example, pensions for military personnel, government employees, provision of social services to the elderly, etc.).

Along with centralized forms in Lately Forms of non-state social security are also becoming widespread. These include:

1. Municipal social security

For example, the Moscow Government is implementing a multifaceted social policy aimed at improving the lives of Muscovites of all social classes and categories. For these purposes, the Moscow Government annually approves a comprehensive program of social protection measures for Muscovites. These measures include the payment of compensation (or additional payments) to non-working pensioners (and certain categories of workers) up to the social norm.

2. Non-state pension funds (NPF).

These funds operate on the basis of the Federal Law of 05/07/98. No. 75-FZ "On non-state pension funds". Currently, there are over 250 licensed non-state pension funds operating in Russia.

The exclusive activity of NPFs is non-state pension provision for fund participants on the basis of agreements on non-state pension provision for the population with fund investors in favor of fund participants. The activities of NPFs consist of accumulating pension contributions, placing pension reserves, accounting for the fund's pension obligations and paying non-state pensions to fund participants.

3. Charitable activities of citizens and legal entities.

Legal regulation is carried out on the basis of the Federal Law of August 11, 1995. No. 135-FZ “On charitable activities and charitable organizations”, Law of Moscow dated 07/05/95. No. 11-46 “On charitable activities” (with amendments and additions dated June 10, 1998).

4. Providing employees of enterprises (including retired ones) with various benefits and compensations at the expense of profits.

It is necessary to distinguish between the concepts of “social security” and “social protection”. During the period of transition to market relations in our country, with the emergence of economic instability, increasing stratification of society, impoverishment, an increase in the number of unemployed, refugees, and homeless people, the problem of social security of citizens became very acute. It is impossible to solve this problem within one branch - social security law - since it requires access to several branches of law: labor law- problems of unemployment, employment and employment of the population, increasing social guarantees in the field of labor (for example, establishing a minimum wage), housing law - issues related to the provision of housing, family law - issues of state support for marriage and family, establishing the rights and responsibilities of parents , children, spouses, etc., environmental law - problems related to the creation of a favorable ecological environment for the normal functioning of members of society, etc.

At the same time, the main issues of social protection of the population relate to social security law. Thus, the concept of “social protection” is much broader than the concept of “social security”, and social security is an integral part of social protection.

The system of bodies providing social protection of the population is headed by the Ministry of Labor and Social Development of the Russian Federation (Ministry of Labor of Russia).

In the regions of Russia: autonomous republics, territories, regions, cities of Moscow and St. Petersburg, issues of social protection are the responsibility of the Departments or Committees of the administration of the corresponding territory, and issues of pension provision are in the Branches of the Pension Fund of the Russian Federation (with the exception of certain regions where the pension service belongs to to social protection authorities).

For example, in Moscow, social protection is carried out by the following bodies and institutions:

1. Department of Social Protection of the Population of the City of Moscow,

2. Departments of social protection of the population of administrative districts,

3. District departments of social protection of the population,

4. Social service centers,

5. Bureau of Medical and Social Expertise,

6. Family and children assistance centers,

7. Social shelters for children,

8. Boarding houses for veterans,

9. Psychoneurological boarding schools,

10. Orphanages for mentally retarded children,

11. Rehabilitation centers for the disabled,

12. Gerontopsychiatric center,

13. Night houses,

14. Social Payments Center,

16.State Unitary Enterprise “Moscow Social Guarantee”,

17.Moscow Center for Technical Rehabilitation Equipment.

Topic 2. Concept and types of social protection. Concept, subject, method and system of social security law

Social protection is a system of measures carried out by society and the state to ensure guaranteed, minimally sufficient living conditions, maintaining the life support and active existence of a person.

Types of social protection:

1. provision of pensions;

2. provision of benefits;

3. free medical care;

4. provision of sanatorium-resort treatment;

5. social assistance to families with children;

6. provision of housing at the expense of state funds, etc.

Social security law (PSL) is an independent branch of law, a set of legal norms regulating pension and some other relations regarding material security and social services for disabled members of society, providing them with existing benefits and advantages, as well as closely related procedural relations for resolving disputes and procedural relations to establish legal facts.

The subject of social security law is a set of social relations regulated by this branch of law.

The subject of social security law includes the following relations:

V Relations regarding pension provision;

V Social service relations;

V Relations regarding payment of benefits;

V Relations regarding free medical care, etc.

In addition, the above relationships also include:

procedural relations are relations to resolve disputes arising between participants in pension relations;

Procedural relations are relations arising in connection with the establishment or verification of facts that are important for the provision of certain types of social protection (for example, the establishment of disability).

The method of social security law is a set of techniques and methods by which the state regulates legal relations in this area.

The PSO method has the following distinctive features:

1) a combination of centralized and local methods of establishing the rights and obligations of subjects (at the federal level a certain social standard is fixed, which under no circumstances can be lowered by the subjects of the Russian Federation, but can only be increased at the expense of their own sources (for example, the establishment of an additional payment to pensions in Moscow);

2) the rights and obligations of entities in this industry can be established not only by regulation, but also by contract (for example, a collective agreement at a particular enterprise may provide for more preferential conditions compared to current legislation:

early retirement, free annual spa treatment, etc.). But the conditions achieved through contractual regulation must not worsen the position of workers in comparison with the law, otherwise they are considered invalid.

3) all rights and obligations of the subjects of these relations are determined by law and cannot be changed by agreement of the parties;

4) the specifics of sanctions applied to offenders and methods of protecting the violated right (both administratively and judicially).

The specificity of the sanctions lies, firstly, in the fact that property recovery can only be applied to citizens who have wrongfully received excessive amounts of social security payments. For example, a citizen submitted for the purpose of granting a pension a deliberately false document about his work with hazardous working conditions, in which he never worked. Taking into account this document, he was granted a pension, and later this fact came to light. In this case, this citizen must fully reimburse the amount of the pension illegally paid to him. And if the overpayment was caused by a mistake by an employee of the body providing pensions, then in this case there is no fault of the pensioner, and the recovery of overpaid amounts should not be made from him.

And secondly, the sanctions are restorative and not punitive in nature: citizens return only the excess amount received and do not experience additional hardships.

You can protect the violated right by appealing to a higher authority (for example, you can appeal the decision of the district department of social protection of the population to the corresponding district department or to the Department of Social Protection of the city), and if you disagree with the decision made by this body (bodies), to the court, the procedure established by the legislation on civil proceedings.

The PSO SYSTEM is a scientifically based, objectively existing sequence of connections between legal institutions and social norms of law. security, constituting as a whole a single branch of law.

PSO can be divided into 3 parts:

The general part,

A special part

Special part.

The general part of the branch of social security law includes legal norms containing indications of the scope and subject of regulation, as well as expressing the principles of PSO. Those. the general part includes the concept, subject, method, system, principles, sources of social security law, as well as the history of domestic legislation on social security.

A special part of the branch of social security law consists of institutions that have an independent object of regulation. They regulate in detail the grounds, procedure, conditions and amounts of providing citizens with various types provision: pension, benefits and compensation, medical care and treatment, social services, benefits under the social system. provision.

Speaking about the rules governing pension relations, it should be noted that they are numerous, varied and divided into several institutions. Thus, the rules on pensions are divided into the following groups:

> labor pensions - for old age (including early), for disability, for the loss of a breadwinner;

> for state pensions - for long service (federal civil servants), old age (citizens who suffered as a result of radiation, for example at the Chernobyl nuclear power plant, or man-made disasters), disability (military personnel and participants in the Great Patriotic War), social pensions (disabled citizens who have not acquired the right to a labor pension, for example, disabled people since childhood).

A special institution includes rules that determine the procedure for assigning and paying pensions.

The norms governing other relations are united into institutions:

Benefits,

Social services, etc.

The special part includes rules governing international legal aspects of social security, incl. and social legislation of foreign countries.

Sources of social security law:

From the theory of state and law, we know that sources of law are understood as external forms of expression of the law-making activity of the state, with the help of which the will of the legislator becomes binding.

In our state, law is characterized by the fact that its main sources are normative legal acts designed for repeated use.

The sources of social security law are various normative legal acts that regulate the complex of social relations that constitute the subject of this branch of law.

The sources of PSO Russia reflect the material conditions of life in our society. As living conditions in a country change, the sources of social security law also change. Outdated regulations are repealed or amended, supplemented, or new, more progressive ones, corresponding to market relations, are adopted.

PSO sources can be classified on various grounds:

1. by legal force (by degree of importance and subordination),

2. according to the scope of their action;

3. on the bodies that adopted the normative act;

4. according to the form of the act;

5. on legal institutions.

At the same time, the greatest practical significance belongs to the first and third groups.

1. According to their legal force, sources are divided into laws and by-laws of legislation in the field of social security. Laws have the highest legal force and have priority over any other regulatory legal acts. This is explained by the fact that laws are adopted by the highest legislative body of the Russian Federation and its constituent entities.

The laws are divided into:

V constitutive,

V codified,

V current.

The Basic Law of the Russian Federation is the Constitution of the Russian Federation, adopted on December 12, 1993, which is the basis for all current legislation in the Russian Federation. Article 7 of the Constitution states that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and the free development of people.

A number of articles of the Constitution of the Russian Federation set out the basic rights of citizens in the field of social security. For example, Article 39 of the Constitution of the Russian Federation states that everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.

An example of a codification act in the field of social security is the Fundamentals of the Legislation of the Russian Federation “On the Protection of Citizens’ Health” dated July 22, 1993. This normative act establishes the right of citizens to health care, as well as guarantees for ensuring this right, including the right to receive various types of medical and social assistance free of charge.

It should be noted that a characteristic feature of PSO is that there are a large number of laws in force in this industry and there is no single codification source regulating the entire complex of relations that constitute the subject of PSO. Thus, today the rights of citizens to one or another type of social security are, as a rule, regulated by different laws. For example, the right to a pension is the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001. and “On state pension provision in the Russian Federation” dated December 15, 2001.

Current laws apply to individual PSO institutions.

2. According to the form of the act, PSO sources are divided into:

V laws (examples were given above);

V decrees and orders of the President of the Russian Federation (for example, Decree of the President of the Russian Federation of January 21, 2000 N 89 “On increasing the amount of compensation payments to low-income categories of pensioners”);

V resolutions and orders of the Government of the Russian Federation (for example, Decree of the Government of the Russian Federation dated July 8, 2002 N 1510 “On approval of the Regulations on the procedure for paying pensions to citizens who leave (have left) for permanent residence outside the Russian Federation");

V resolutions and clarifications of the Ministry of Labor of the Russian Federation and the Pension Fund of the Russian Federation, and other ministries and departments (for example, Resolution of the Ministry of Labor of the Russian Federation and the Pension Fund of the Russian Federation dated February 27, 2002 N 17/19pb, which approved the Rules for applying for a pension, assigning a pension and recalculating the amount of a pension, transfer from one pension to another in accordance with the Federal Laws “On Labor Pensions in the Russian Federation” and “On State Pension Provision”);

V other regulations.

3. By scope, PSO sources are divided into:

General federal (for example, the Law of the Russian Federation “On Employment of the Population of the Russian Federation” dated April 19, 1991 N 1032-1, with amendments and additions, which regulates, for example, issues of payment of unemployment benefits throughout Russia),

Republican within the Russian Federation and other constituent entities of the Russian Federation (regional, regional) (for example, Decree of the President of the Republic of Adygea dated August 21, 1996 N 145 “On the allocation of funds for targeted assistance to orphans and schoolchildren from especially needy families”).

Industry

Local.

4. PSO sources can also be classified depending on the type of social relations regulated by them. There are 3 groups here:

1. for pension provision of citizens,

2. to provide citizens with benefits and compensation payments.

3. for the provision of social services under the social security system.

Topic 3. Principles of social protection law

The principles of social security law are the guiding principles that determine the essence and directions of development of a given system of law, which must be enshrined in legal norms or directly follow from their content.

The principles of social protection law are not formulated in general terms either in the Constitution of the Russian Federation or in the legislation of social protection law. They can be derived from an analysis of the general, most essential features of the actual content of sets of rules of social protection law:

1. Universality - all categories of workers, workers and employees, students, military personnel, refugees, the unemployed, regardless of gender, race, religion, etc. have the right to social security.

2. Comprehensiveness - necessary services are provided in all cases when a need recognized by society arises (for example: the birth of a child, the onset of retirement age).

3. Availability - this principle is implemented in two aspects:

V The conditions of support are realistically achievable (old-age pension, disability pension, survivor's pension);

V The legislation imposes on the relevant government bodies, and in some cases also on employers, the obligation to provide citizens with assistance in collecting and processing the necessary documents (for example, to submit individual information about the length of service and earnings of insured persons to the Pension Fund for personalized accounting in the state pension insurance system ).

4. The principle of different conditions and levels of social security depending on length of service and some other circumstances (for example, the amount of a disability pension depends on the degree of disability);

5. Variety of types of social security:

material assistance, social services are provided in the form of cash (providing material support for payments (pensions, benefits, compensation) in kind or in the form of positive actions on the part of government bodies or public organizations in favor of those provided)

A pension is a regular cash payment (per month), which is made in accordance with the procedure established by law to certain categories of persons from social funds and other sources intended for these purposes.

Benefits are cash payments assigned to citizens monthly, periodically or one-time in cases established by law in order to compensate for lost earnings or provide additional material assistance.

Social services include:

V Prosthetics;

V Providing means of transportation for people with disabilities;

V Free vocational training for people with disabilities;

V Sanatorium-resort treatment, etc.

Topic 4. Legal relations on social security

Legal relations on social security are relations arising on the basis of legal facts regarding the provision of various monetary payments, services, benefits to their participants by state and other authorized bodies.

A legal fact is objectively existing circumstances (events or actions) that are associated with the emergence, change or termination of rights and obligations between participants in legal relations.

The set of legal facts is called legal composition.

Legal relations regarding social security, as a rule, arise from complex legal structures. So, for example, for legal relations to arise to provide a pensioner with an old-age labor pension, the following legal structure is required: the pensioner’s application for an old-age labor pension to the body providing pensions, the pensioner reaching the age of 60 or 55 years (men or women, respectively), the presence of insurance at least 5 years of experience.

Legal relations regarding social security are usually classified on the following grounds:

1. by the nature of the legal relationship, determined by the goals of the legal relationship (for assigning or receiving a type of security, for considering a dispute about social security);

2. by type of social security (specific types of pensions, benefits, compensation payments, social services that are the object of legal relations);

3. according to the terms of legal relations (lasting permanently, until a certain period and one-time).

Based on the nature and goals of legal relations, all legal relations regarding social security are divided into 3 types:

1. basic material legal relations for the payment of assigned pensions, benefits, compensation payments and the provision of social services through in-kind actions;

2. preceding, as a rule, these are the main procedural legal relations to establish legal facts, their composition for the right to a certain type of social security and the purpose of this security or denial of it;

3. procedural legal relations for resolving disputes regarding social security.

Legal relations consist of three elements:

1. Object - something about which specific legal relations arise. In legal relations regarding social security, the object may be:

pensions, benefits, social services, etc.

2. Subjects are participants in the specified legal relations. In legal relations regarding social security, the subjects are: the state represented by state bodies, on the one hand, and a citizen or a whole family, on the other hand.

The following government bodies can act on the part of the state:

Ministry of Labor and Social Development of the Russian Federation;

Departments, committees, departments of social protection of the population;

District departments of social protection of the population

District departments of social protection of the population;

Medical institutions;

Military commissariats;

Enterprises, institutions, organizations;

Employment authorities;

Other organs.

The family as a participant in legal relations regarding social security can act in two cases:

In the case of providing benefits and compensation payments to families with children;

In case of providing pensions in case of loss of a breadwinner.

For example, in legal relations regarding the provision of pensions, the content is the following mutual rights and obligations of the subjects:

The citizen’s obligation to provide the relevant documents necessary for the assignment of a pension and the right to assign the appropriate pension;

The duty of the bodies providing pensions is to assign a pension when the citizen provides all the necessary documents, and the right is to demand their provision.

Section II. Special part

Seniority

Topic 5. Concept, types and legal significance of seniority

The concept of insurance, general labor and special experience, its meaning:

According to Art. 2 of the Law of December 17, 2001, the insurance period is the total duration of periods of work and (or) other activities taken into account when determining the right to a labor pension, during which insurance contributions were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period .

Taking into account the insurance period, the right to a pension is determined. In relation to all three types of labor pensions (old age, disability, loss of a breadwinner), there is one general condition for their assignment: the presence of a certain length of work experience. However, if for

acquiring the right to an old-age pension requires at least 5 years of insurance experience, then disability and survivor pensions can be assigned if the disabled person or deceased breadwinner has at least one day of insurance experience (if there is not a single day of experience, then it will be assigned not a labor pension, but a social pension - according to the Law “On State Pension Provision” of December 15, 2001).

Along with the insurance period, which determines the right to a pension, the new pension law also includes the concept of “total length of service”.

According to paragraph 4 of Article 30 of the Law of December 17, 2001, total length of service is understood as the total duration of labor and other socially useful activities until January 1, 2002, necessary for the purpose of assessing the pension rights of insured persons (pension capital) to determine the amount of insurance parts of the labor pension. That is, the total length of service is necessary to determine the size of the pension.

The concept of special experience in the Law is not formulated clearly enough. Thus, in paragraph 5 of Article 30 of the Law of December 17, 2001, it is defined as “experience in relevant types of work.” This length of service includes the total duration of work periods defined in individual paragraphs and subparagraphs of Article 27 and Article 28 of the Law of December 17, 2001. Having analyzed the content of these articles, we can conclude that special work experience is the duration of work in certain working conditions (hard, harmful, etc.), in certain positions, in certain natural and climatic regions of the country, which are associated with preferential (or according to special rules) provision of labor pensions.

Special work experience, which gives the right to a pension in connection with special working conditions, as well as length of service in connection with certain natural climatic conditions is a legally significant circumstance in a complex composition necessary to acquire the right to an old-age pension on preferential terms. The presence of this special length of service of a set duration, with or without taking into account the general work experience, leads to the emergence of the right to an old-age pension before reaching the generally established retirement age - 60 years (men) and 55 years (women).

Periods of work and other activities included in the insurance period to determine the right to a labor pension.

The Law of December 17, 2001 distinguishes between periods of work and other labor activities that are included (Article 10 of the Law of December 17, 2001) in the insurance period (related to the payment of the unified social tax), as well as periods that are counted in the insurance period. length of service (non-insurance periods).

To include periods of work in the insurance period, two mandatory conditions must be met:

Carrying out this work or other activities on the territory of the Russian Federation;

Payments of insurance contributions to the Pension Fund of the Russian Federation for these periods.

If work or other activities took place outside the Russian Federation, then they are included in the insurance period only in cases provided for by the legislation of the Russian Federation, or in the case of payment of insurance contributions to the Pension Fund of the Russian Federation.

Other periods counted towards the insurance period:

Other periods (except for work and creative activity) counted in the insurance period to determine the right to a pension include the following:

The period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the state fire service, institutions and bodies of the criminal executive system, and their families”;

The period of receiving state social insurance benefits during the period of temporary disability;

The period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;

The period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another area for employment;

The period of care provided by an able-bodied person for a disabled person of group 1, a disabled child or a person who has reached the age of 80 years.

Moreover, all of the above periods are counted in the insurance period under the obligatory condition - they must be preceded (or followed) by work (regardless of its duration - 1 day is enough).

The Total length of service taken into account when assessing the pension rights of insured persons (i.e. when determining the size of the insurance part of the labor pension) includes following periods(Clause 4 Article 30):

Periods of work as a worker, employee (including hired work outside the territory of the Russian Federation), member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to compulsory pension insurance; periods of work (service) in paramilitary security, special communications agencies or in a mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;

Periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theater workers, as well as writers and artists who are not members of the relevant creative unions;

Service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs bodies of the Russian Federation, foreign intelligence agencies, federal security service bodies, federal executive authorities, which provide military service, former state security bodies of the Russian Federation, as well as in state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during the Civil War and the Great Patriotic War ;

Periods of temporary incapacity for work that began during the period of disability of groups 1 and 2, resulting from an injury associated with production or an occupational disease;

The period of stay in places of detention beyond the period assigned during the review of the case;

Periods of receiving unemployment benefits, participating in paid public works, moving in the direction of the employment service to another area and finding employment.

Differences between insurance length of service and general work experience:

The main differences between insurance length of service and general work experience are as follows:

1. in their legal meaning: taking into account the insurance period, the right to a pension is determined, and the total length of service is necessary for the purpose of assessing the pension rights of insured persons to determine the size of the insurance part of the pension;

2. periods of work and other activities that occurred both before 01/01/2002 (i.e. before the introduction of the Law of 12/17/2001) and after this date can be counted in the insurance period, and the total length of service is determined only by as of December 31, 2001, inclusive;

3. Individual periods of activity taken into account in the insurance period cannot be counted in the total length of service, namely: the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total; the period of care provided by an able-bodied person for a disabled person of group 1, a disabled child or a person who has reached the age of 80 years;

4. certain periods of activity (carrying out military service, as well as other service equivalent to it; receiving state social insurance benefits during a period of temporary disability; detaining persons unjustifiably prosecuted, unjustifiably repressed and subsequently rehabilitated, and serving a sentence by these persons in places of imprisonment and exile) are counted in the insurance period only if these periods were preceded or followed by work or other activities specified in Article 10 of the Law of December 17, 2001 (regardless of its duration), and To count these periods into the total length of service to determine the amount of pensions, such a condition is not required.

5. for general work experience (as opposed to insurance), it is not necessary that work or other activities take place on the territory of the Russian Federation.

Supporting table No. 1 on this topic is given in the Appendix.

Topic 6. The procedure for calculating and confirming insurance, general labor and special experience

The procedure for calculating insurance experience

The main provisions of the procedure for calculating the insurance period are set out in Article 12 of the Law of December 17, 2001.

The periods counted towards the length of service are calculated according to their actual duration, i.e. only on a calendar basis (without applying preferential calculation), and if several periods coincide in time (for example, work and simultaneous care for a disabled child), one of such periods is taken into account.

The preferential procedure for calculating insurance length of service is provided for only two categories: workers who have worked a full navigation period and workers in seasonal industries who have worked for a full season. When calculating insurance, general labor and special experience, these periods are calculated on a preferential basis: a full navigation period on water transport or full season in organizations of seasonal industries - for 1 year of work.

The list of relevant seasonal work and seasonal industries is approved in the manner determined by the Government of the Russian Federation.

Moreover, if a water transport worker or an employee working at enterprises of seasonal industries worked at other jobs during inter-navigation or inter-seasonal leave, then in this case 1 year of service will be taken into account.

Proof of insurance and general work experience

Issues related to proof of insurance experience are regulated by the Rules for calculating and confirming insurance experience for establishing labor pensions, approved by the Decree of the Government of the Russian Federation of July 24, 2002. No. 555.

According to Article 13 of the Law of December 17, 2001, the calculation rules and procedure for confirming insurance and general work experience can be divided into 2 groups:

1. length of service for periods of work before the citizen’s registration as an insured person in accordance with the Federal Law “On individual (personalized) accounting in the state pension insurance system”;

2. length of service acquired after registration of a citizen as an insured person in accordance with the above law.

In order to correctly determine the length of service of a particular person, it is necessary to know the date of his registration in the state pension insurance system.

During the periods before a citizen’s registration as an insured person, the length of service is confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies.

The document confirming the insurance period after registration as an insured person is an extract from the individual personal account of the insured person according to individual (personalized) records in the state pension insurance system. Starting January 1, 1997 An individual personal account with a permanent insurance number must be opened for each insured person in the Pension Fund of the Russian Federation.

An individual personal account of an insured person is a collection of information about received insurance premiums for the insured person and other information about the insured person, containing his identification characteristics, as well as other information taking into account his pension rights. The personalized accounting system ensures the collection of information about work experience and earnings, on which insurance premiums are calculated. In addition, the personal account reflects information about the working hours of each insured person in special conditions labor or in jobs that give the right to early retirement, as well as about non-insurance periods. An extract from the individual personal account of the insured person is submitted by the territorial bodies of the Pension Fund (in Moscow this is the State Institution - the Pension Fund Branch for Moscow and the Moscow Region).

As for periods of work and (or) other activities included in the insurance period in accordance with Article 10 of the Law of December 17, 2001, periods counted in the insurance period in accordance with Article 11 of the same Law, as well as periods included in total length of service in accordance with paragraph 4 of Article 30, then before registering a citizen as an insured person, these periods are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies, and after registration - by an extract from the individual personal account of the insured person according to individual (personalized) records in the state pension insurance system.

The main document confirming work experience for the period before registration as an insured person in the state pension insurance system is the work book. Entries in the work book must be made in accordance with the requirements of the Instructions on the procedure for maintaining work books, which were in force at the time of making this entry. To confirm work experience, only information that is entered into work books on the basis of documents is accepted.

In the absence of a work book, as well as in cases where the work book contains incorrect and inaccurate entries, or does not contain records about individual periods of work, certificates, extracts from orders, personal accounts and statements for the payment of wages are accepted as confirmation of work experience, certificates, characteristics, written employment contracts and agreements with notes on their execution, labor, service and registration lists, membership books of members of cooperative fishing artels and cooperative artels of disabled people and other documents containing information about periods of work. Work certificates are accepted as proof of work experience only if they contain the basis for their issuance.

In cases where the submitted document on experience indicates only years without indicating exact dates, the date of admission or dismissal from work is taken to be July 1 of the corresponding year, and if the date of the month is not indicated, then the 15th day of the corresponding month is considered as such.

The procedure for confirming other periods counted in the insurance period is determined by the Rules for calculating and confirming the insurance period for establishing labor pensions, approved by the Decree of the Government of the Russian Federation dated July 24, 2002. No. 555. So,

The period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the state fire service, institutions and bodies of the penal system, and their families” is confirmed military ID cards, certificates from military commissariats, military units, archival institutions, entries in the work book and other documents containing information about the period of service;

The period of receiving state social insurance benefits during a period of temporary disability - a document from the employer or the territorial body of the Social Insurance Fund of the Russian Federation on the period of payment of the specified benefit;

The period of care of one of the parents for each child until he reaches the age of one and a half years - documents certifying the birth of the child and his achievement of the age of 1.5 years (birth certificate, passport, certificates from housing authorities, etc.);

The period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another area for employment with a certificate from the employment authority in the prescribed form;

The period of detention of persons unjustifiably brought to criminal liability, unreasonably repressed and subsequently rehabilitated, and the period of serving their sentence in places of imprisonment and exile - documents of the institution executing the punishment on the period of serving the sentence, detention or being in exile, and a document on unjustified criminal prosecution;

The period of care provided by an able-bodied person for a disabled person of group 1, a disabled child or a person who has reached the age of 80 years is counted by the decision of the body providing pensions at the place of residence of the person being cared for, adopted on the basis of an application from the able-bodied person providing care. and documents certifying the fact and duration of disability of disabled people of group 1 or 3 degrees and disabled children (extract from the examination report at the ITU institution), and for the elderly and disabled children - the age of the person being cared for (birth certificate, passport). If an able-bodied person lives separately from a disabled or elderly person, written confirmation of the period of care for him is provided. The actual circumstances of the care can be confirmed by an inspection report from the body providing pensions.

Confirmation of the total length of service has certain features, since in a number of cases, despite the fact that the length of service was acquired in earlier periods, when other rules for its calculation were in force, incl. and preferential ones, for conversion the new calculation procedure established by the Law “On Labor Pensions in the Russian Federation” of December 17, 2001 is applied. Schematically, the procedure for calculating and confirming the total length of service can be considered in the table below:

The procedure for calculating and confirming the total length of service when converting pension rights into capital. Type of experience

Confirmation of experience

A. Periods determined by the existence of an employment relationship with the employer

1) Taken into account in calendar order: Work book and other work as a worker, employee, member, documents issued from a collective farm or other cooperative organization, place of work (service), including: by a higher organization, work (service) in paramilitary security, in or an archival institution, special communications authorities or a mine rescue unit. In the absence of a document of work in leper colonies and anti-plague work experience (service) institutions, work in the regions of the Far North and witness areas equated to the regions of the Far North, work during the Great Patriotic War (from June 22, 1941 to May 9, 1945) can be confirmed .), work in Leningrad during the blockade (from September 8, 1941 to January 27, 1944). 2) Taken into account for the year of work: | full navigation period on water transport, full season in organizations of seasonal industries. Taken into account in calendar order: Work book and supporting documents.

Work on a peasant (farm) farm, payment of insurance premiums for members of the farm and citizens who have entered into an agreement with the Pension Fund on the use of their labor (clause 6 of Article 2 of the Law of the Russian Federation of November 22, 1990 “On Peasant (Farm) Farming.

B. Periods determined by the presence of civil law relations, as well as periods of activity of persons who independently provide themselves with work, are taken into account in calendar order:

A job in which the employee, not being Documents on the period of a worker or employee, was subject to payment of insurance contributions to state social insurance, to the Pension Fund of the Russian Federation Creative activity of members of creative organizations Certificate of unions and certain categories of creative period of payment of insurance | workers, contributions to the Pension Fund of the Russian Federation.

Before the formation of the Pension Fund of the Russian Federation - a certificate from the secretariat of the board of a creative union or other creative organization, which was granted the right by previously in force legislation to establish the duration of creative work experience Individual labor activity, including From 01/01/1991 - including as a farmer, a document on the period of payment of insurance contributions to the Pension Fund of the Russian Federation . Until 01/01/1991 - certificates from financial authorities about the payment of taxes on income received by persons holding registration certificates or patents and certificates from the state social insurance fund about the payment of contributions by persons engaged in labor activities under the terms of individual or group rental. Private detective and security activities Document on the payment period (Article 19 of the Law of the Russian Federation on insurance contributions to the Pension Fund of March 11, 1992 No. 2487-1 On private detective and security activities in the Russian Federation). B. Periods of military service are taken into account in calendar order: Military service by conscription, Military ID and certificates of military commissariats, military units and archival institutions Service in the Armed Forces of the Russian Federation and other Military ID and certificates of military formations, military commissariats, military units and archival institutions institutions. Entries in the work book about service in the internal affairs bodies, and in their absence - certificates issued in the manner determined by the Ministry of Internal Affairs of Russia, Service in military units, headquarters and certificates from military institutions that are part of the current commissariat, issued in the army, in partisan detachments and formations in the established form during the period of hostilities, being in the order determined by treatment in medical institutions due to the Russian Ministry of Defense, military trauma. certificates from the headquarters of the partisan movement or archival institutions (at the place of activity of partisan detachments and formations) D. Other periods Are taken into account in calendar order: c Certificate from the place of work, period of work, or from a medical institution Leave granted to working women Work record book and other documents for caring for children before they reach age, documents issued from the age of three, place of work of a superior | organization or archival institution Disability of groups I and II due to injury, Extract from an act related to production or examination of an occupational disease, ITU Bureau Receipt of unemployment benefits, participation in a certificate of paid public works, moving in the direction of the employment service to another employment area and employment, Work for hire abroad of citizens of the Russian Federation, Documents from the place of work, legalized in the established manner Work for hire abroad of foreigners Documents from the place of work of citizens and stateless persons (if at least two thirds of the total work experience are legalized in the established order work in the Russian Federation), Work of convicts during the period of their serving the Labor Book, with its punishment in the form of imprisonment (clause 3 tbsp. 104 absence - a certificate of the Criminal Executive Code of the Russian Federation dated January 8, 1997 No. 1-FZ), an institution executing punishment Staying in places of detention beyond the term, Certificate of the state appointed during the review of the case, the body executing punishment, on the period of stay in places of detention Calendarly taken into account from the date of reaching the age of 16 years: Stay in places of detention and exile, Document on the detention of citizens unjustifiably individually brought to criminal responsibility, rehabilitation. A certificate from those who were unreasonably repressed and subsequently rehabilitated by the state institution executing punishment about the period of application of repression. Stay in special settlements (places of exile) Document about citizens from among the Repressed Peoples, individually subsequently rehabilitated in rehabilitation. Certificate on an individual basis (Article 10 of the Law of the RSFSR from the state body of April 26, 1991 No. 1107-1 “On the rehabilitation of internal affairs in the place of repressed peoples. Liberation about the period of application of repression, if it is impossible to obtain it - witness testimony.

Similar documents

    The concept and main functions of social security. The system of government bodies of the constituent entities of the Russian Federation. General characteristics of the Ministry of Social Protection of the Population of the Republic of Buryatia. Financing of social support measures.

    thesis, added 06/17/2017

    Theoretical and methodological foundations for studying social protection of the population of the Russian Federation: directions and functions. Analysis of the legal and financial foundations of social protection of the population. Activities of the department of social protection of the population in the Zavodsky district of Kemerovo.

    course work, added 03/05/2010

    Identification of features of social protection of certain population groups. Problems of social protection of the population and the activities of local governments on social protection issues. Organization of work with persons in need of social support.

    course work, added 08/12/2013

    Analysis of the concept of social protection of the Russian population. Subject, methods and system of social security law. The main components of social security, its types. Criteria for determining social security, characteristics of its key functions.

    course work, added 12/24/2013

    State bodies of social protection of the population, sources of its financing. Implementation of social security of the population by federal government bodies. The role of the employment service in the Russian Federation, the reasons and prerequisites for its creation.

    course work, added 05/10/2015

    Characteristics of social protection of the population and its forms as an object of regional social management. Studying the practice of implementing forms of social protection of the population in the regions of the Russian Federation. Analysis of problems in managing social protection of the population.

    course work, added 07/22/2013

    Characteristics of the social policy of the Republic of Bashkortostan in the system of social policy of the state. Functions of the territorial body of the Ministry of Labor and Social Protection of the Population - the department of the Department of Labor and Social Protection of the Population in the city of Mezhgorye.

    thesis, added 02/25/2015

    Legal basis and status of the Ministry of Social Protection of the Population of the Republic of Mordovia, its organizational structure, formation procedure, tasks, functions and competence. The place of the Ministry of Social Protection in the system of executive authorities.

    test, added 12/12/2009

    Features of the organization of social protection of the population in Russia. Analysis of socio-economic development and social protection of the population of the Zheleznodorozhny urban district. Characteristics of the activities of the Department of Social Protection of the Population of the Urban District.

    thesis, added 10/05/2012

    Development of the social protection system for the population. Federal and regional legislation, municipal and state regulations governing such relations. Practice of activities of municipalities of the Sverdlovsk region in this area.

The right of citizens of the Russian Federation to social protection is enshrined in the Constitution of the Russian Federation of December 12, 1993, which proclaimed that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people. The priority people in need of social protection in the Russian Federation are:

  • 1. elderly citizens, especially single and living alone (including single married couples);
  • 2. disabled people of the Great Patriotic War and families of fallen servicemen;

Disabled people, including from childhood, and disabled children;

Disabled internationalist soldiers;

Citizens affected by the consequences of the accident at the Chernobyl nuclear power plant and radioactive emissions in other places;

Unemployed;

Forced refugees and displaced persons;

The children are orphans;

Children with deviant behavior;

Families with disabled children, orphans, alcoholics and drug addicts;

Low-income families;

Large families;

Single mothers;

Young, student, families;

Citizens infected with HIV and AIDS patients;

Persons with disabilities;

Social protection management bodies and their subordinate enterprises, institutions, organizations, territorial bodies of social protection of the population form a unified state system of social protection of the population, providing state support for families, elderly people, veterans and disabled people, persons discharged from military service, and members of their families, development of the social services system, implementation of state policy in the field of pensions and labor relations.

The structure of social protection bodies consists of the following elements:

  • ·The state represented by its representative and executive bodies operating at the federal, regional and local levels. They formulate a general concept, determine the main directions of social policy, its strategy, tactics, provide a legislative and legal basis, and implement specific provisions on the ground.
  • ·Structures of the emerging civil society (public associations, organizations, enterprises, firms).
  • · Social activities carried out within enterprises and firms acquire great importance in solving social problems of certain categories of the population; activity of political, trade union and public associations, charitable and voluntary organizations. They implement social policy within relatively narrow limits corresponding to their competence. The management of the state social protection system depends on the level at which it is implemented.

For management and control, a unified system of executive bodies in the field of social protection is created, which is formed by social protection management bodies and subordinate enterprises, institutions, organizations, and territorial bodies.

An important goal in improving this system is to establish stable, orderly connections between all its levels and social infrastructure institutions that ensure its functioning.

At the federal level, the social protection system is managed by the Ministry of Labor and Social Protection of the Russian Federation

The management of the social insurance system is carried out with the help of specialized funds: the Pension Fund, the Social Insurance Fund and the Mandatory Medical Insurance Fund.

At the regional level, management is carried out by the executive authorities of the subject of the federation. For example, in the Moscow region, management is carried out by a department, subordinate enterprises, institutions, organizations, as well as territorial bodies of social protection of the population form a unified state system of social protection of the population, providing state support for families, elderly citizens, veterans and disabled people, persons discharged from military service, and members of their families, development of the social service system, implementation of state policy in the field of pensions and labor relations.

District departments of social protection of the population are territorial structural divisions of regional ministries or departments of social protection of the population and implement social protection functions in relation to the population of a particular municipality.

Understanding the peculiarities of the organizational structure of social protection bodies is necessary for a church social worker in view of the fact that he will be able, saving effort and time, to directly contact a competent specialist to resolve a specific problem. The difficulty of studying this topic lies in the fact that each region forms a system of bodies and institutions independently, and even the regional body that manages the entire social sphere can be called completely differently, which somewhat complicates the understanding of the functions and tasks of these bodies.

The leading organizational and legal forms of social protection of the population are:

  • · pension provision;
  • · providing social payments, subsidies, compensations and benefits to categories of the population in need of state social assistance;
  • ·state social insurance;
  • social services.

The right to social security is one of the basic socio-economic rights of the population: “Everyone is guaranteed social security in cases of illness, disability, loss of a breadwinner, for raising children and in other cases established by law”

An important legal form of social protection of the population is the law “On State Social Assistance”, which regulates state social assistance to low-income citizens and families at the expense of regional budgets and monthly cash payments (MAP) at the expense of the federal budget and “social packages” for certain categories of the population included to the federal register. The system of social support for the population under this law is based on regional budgets. The right to receive one-time state social assistance under this law is granted to especially needy pensioners, disabled people, and other disabled citizens whose total average per capita income does not exceed the minimum established at the regional level.

The financial source of social security is the current income of participants in social production, withdrawn through taxation (income tax) and targeted contributions from employers and employees. These taxes and contributions, in addition to the Pension Fund of the Russian Federation, form the Social Insurance Fund, which forms the financial basis of social insurance benefits.

The objects of state social insurance are the temporarily economically inactive population.

Social insurance acts as an institution for protecting the economically active population from the risks of loss of income (wages) due to loss of ability to work (illness, accident, old age) or place of work.

The following are identified as social insurance risks:

  • ·need to receive medical care;
  • temporary disability;
  • ·work injury and occupational disease;
  • ·motherhood;
  • ·disability;
  • the onset of old age;
  • loss of a breadwinner;
  • · recognition as unemployed;
  • ·death of the insured person or disabled dependent family members.

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 child care upon reaching one and a half years of age, for burial, for sanatorium treatment and health improvement of workers and members of their families.

Currently, there are two forms of social insurance: mandatory (by law for subjects of insurance - state) and voluntary. Typical types of social insurance are pension, medical, and industrial accident insurance.

State pension insurance is a type of insurance carried out through contributions from employers and employees in order to provide citizens with labor pensions for old age, disability, and in the event of the loss of a breadwinner.

The Law “On Medical Insurance of Citizens in the Russian Federation” determined the legal, economic and organizational foundations of this institution of social protection. The purpose of health insurance is to guarantee citizens, in the event of an insured event, receiving medical care at the expense of accumulated funds. In accordance with the Law, health insurance is represented by two types:

  • mandatory;
  • ·voluntary.

Compulsory health insurance is universal for the population of the Russian Federation and is implemented in accordance with programs that guarantee the volume and conditions of providing medical care to citizens.

Voluntary health insurance is carried out on the basis of programs that provide citizens with services in excess of those established in compulsory health insurance programs on the basis of payment for services by citizens or organizations.

In accordance with the Law, funds for compulsory health insurance (employee insurance payments) are concentrated in the Federal and Territorial (regional) compulsory health insurance funds. Compulsory health insurance is thus provided by a system of funds consisting of the federal fund and territorial funds of compulsory health insurance in the constituent entities of the Federation. The insurance rate of contributions for compulsory health insurance paid by employers and other payers is determined by the federal law of the Russian Federation.

Minimum social guarantees in the field of healthcare. To assess the minimum acceptable level of meeting the needs for medical care, indicators of the provision of doctors, hospital beds, and outpatient facilities per 1000 residents in the region are used.

New entities are appearing in the healthcare system - medical insurance organizations that select medical institutions and pay for medical and preventive care provided to insured persons. Since 1993, compulsory health insurance has been included in the Russian social insurance system, which is financed in the form of contributions by the majority of employers of all forms of ownership, as well as by the state directly from the budget. Health insurance has come to be considered as the most adequate health care system for a market economy, improving the quality of medical services.

Insurance contributions of most enterprises amount to 26% of the wage fund. The amounts of contributions for certain types of social insurance in relation to accrued wages are:

  • · to the Pension Fund - 19%;
  • ·to the Social Insurance Fund - 3.4%;
  • · to the Compulsory Medical Insurance Fund - 3.6%.

The following are established as state minimum standards in the field of wages:

  • ·minimum wage (minimum wage);
  • · living wage for the working population.

Minimum social guarantees in the field of wages will not be valid until the economic function of wages is restored. In terms of social protection, this is important, since wages are not only an economic category, but also a moral one, designed to provide a person with a certain social status.

One of the important aspects of minimum social guarantees is the guarantee of protection against unemployment. There are two sides to solving this problem: creating economic conditions for maximum employment and self-employment of the population - on the one hand, and state support - on the other hand. State employment promotion programs adopted annually by the government, as well as the implementation of the federal target program for job creation, are aimed at reducing the unemployment rate.

The state guarantees the unemployed:

  • payment of unemployment benefits;
  • · assistance in finding a suitable job
  • ·payment of scholarships during the period of professional training, advanced training, retraining in the direction of the employment service;
  • ·opportunity to participate in paid public works and temporary work.

Unemployment benefits are provided from regional budgets, paid during the year of unemployment, subject to an active search for suitable work through the Employment Center and equal to the subsistence minimum for a given subject of the Federation in the first 4 months of unemployment (later it decreases).

An important link in the social protection of the population is legally required programs for employment, retraining and housing, aimed primarily at young people.

To stimulate the economic independence of young people, vocational training or retraining and socio-psychological preparation for entering the role of economically independent taxpayers are offered. This policy leads not only to a reduction in the number of unemployed, but also to other positive effects. To reduce the number of unemployed, “income policy” and monetary policy are also actively used.

Thus, social protection is carried out at the expense of the federal and regional budgets, and specially created extra-budgetary social funds. Its comprehensive nature can be represented, for example, by a system of measures for the social protection of people with disabilities:

Activities for social protection of disabled people can be divided as follows:

  • ·medical and social examination of citizens, establishing their disability and recommending measures to eliminate or reduce their social insufficiency;
  • ·legal protection of citizens with disabilities and public associations of disabled people through legislation;
  • ·social Security;
  • social services.

One of the leading organizational and legal forms of social protection of the population is social services. Social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.

These standards are essentially technical and do not provide fundamental legal norms. They determine the basic requirements for the volume, quality and forms of social services.

The state guarantees citizens the right to social services in the state system of social services for the main types of services

) social services - enterprises and institutions, regardless of their form of ownership, providing social services, as well as citizens engaged in entrepreneurial activities in social services for the population without forming a legal entity;

) social service client - a citizen who is in a difficult life situation, who is provided with social services in connection with this;

) social services - actions to provide certain categories of citizens in accordance with the legislation of the Russian Federation, the client of a social service with assistance provided for by this Federal Law;

) difficult life situation - a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc.) which he cannot overcome on his own.

Social services are provided on the basis of an application from a citizen, his guardian, trustee, other legal representative, government body, local government body, or public association. Every citizen has the right to receive free information from the state system of social services about the possibilities, types, procedures and conditions of social services.

Foreign citizens and stateless persons enjoy in the Russian Federation the same right to social services as citizens of the Russian Federation, unless otherwise established by international treaties of the Russian Federation.

The Constitution of the Russian Federation does not contain direct references to social services except for the explanation that in the Russian Federation, as a social state, a system of social services is developing. Considering the basic principles of social services, we can highlight:

) targeting;

) availability;

) voluntariness;

) humanity;

) priority of providing social services to minors in difficult life situations;

) confidentiality;

) preventive orientation, it should be noted that they are not based on civil law, but introduce a certain block of norms that are analogous to the provisions of the Universal Declaration of 1948, since they represent human rights enshrined in the Declaration. These principles include accessibility, voluntariness, humanity, and confidentiality.

The social service system includes state, municipal and non-state services. The state social service includes institutions and enterprises of social services, executive authorities of the Russian Federation and a constituent entity of the Russian Federation, the competence of which is transferred to the organization and implementation of social services. The municipal social service includes institutions and enterprises of social services, local self-service bodies, whose competence includes the organization and implementation of social services. Non-state social service includes institutions and social service enterprises created by charitable, public, religious and other non-governmental organizations and individuals.

Types of social services include:

  • ·Material assistance provided to citizens in difficult life situations in the form of cash, food, sanitation and hygiene products, child care products, clothing, shoes and other essential items, fuel, as well as special Vehicle, technical means of rehabilitation for people with disabilities and people in need of care.
  • ·Social services at home, carried out by providing social services to citizens in need of permanent or temporary non-stationary social services. Single citizens and citizens who have partially lost the ability to self-care due to old age, illness, or disability are provided with assistance at home in the form of social, social, medical services and other assistance.
  • · Social services in inpatient social service institutions, carried out by providing social services to citizens who have partially or completely lost the ability to self-care and need constant outside care, and ensuring the creation of living conditions appropriate to their age and health status, carrying out activities of a medical, psychological, social nature , nutrition and care, as well as the organization of feasible work, rest and leisure.
  • Temporary shelter in a specialized social service institution is provided to orphans, children without parental care, neglected minors, children in difficult life situations, citizens without a specific place of residence and specific occupation, citizens who have suffered from physical or mental violence, natural disasters as a result of armed and interethnic conflicts, to other social service clients in need of temporary shelter.
  • ·Organization of day care: in social service institutions in daytime social, social, medical and other services are provided to elderly and disabled citizens who have retained the ability for self-care and active movement, as well as other persons, including minors, who are in difficult life situations.
  • ·Advisory assistance: in social service institutions, social service clients are provided with consultations on issues of social, social and medical support for life, psychological and pedagogical assistance, and social and legal protection.
  • ·Rehabilitation services: social services provide assistance in professional, socio-psychological rehabilitation to people with disabilities, persons with disabilities, juvenile offenders, and other citizens who find themselves in difficult life situations and need rehabilitation services.

The forms of services provided by social services are determined by State standards:

  • ·Material assistance (cash, food, industrial goods, vehicles, special equipment, prosthetic and orthopedic products, medicines, fuel, etc.).
  • ·Help at home (performing household services, childcare, medical and social assistance and other services).
  • · Continuous care in a hospital setting (food, social services, health care, medical, labor rehabilitation, leisure activities).
  • ·Advisory assistance.
  • ·Providing temporary shelter.
  • ·Organization of day care in social service institutions.

A person in a difficult life situation can receive social assistance if he contacts a social service. Specialists of a social institution are obliged to check the compliance of the parameters of the applicant’s life situation with the normatively prescribed requirements for a recipient of social assistance.

The current social service system in Russia is of a territorial and departmental nature, that is, it is as close as possible to the population.

The management of social services for the population is carried out by territorial (regional and district) bodies of social protection of the population, which build their activities in cooperation with the bodies of health care, education, culture, physical education and sports, law enforcement agencies, government services for youth affairs, employment services, as well as public, and religious organizations.

Financing of social services is carried out on a budgetary basis and consists of:

  • ·normative deductions from the budgets of the corresponding level (subject of the federation or municipal) in the amount of at least 2% of the budget expenditures;
  • · funds from the federal budget for the implementation of individual tasks;
  • · finances as a result of the redistribution of funds between committees and departments of services at various levels for the implementation of regional, city and district programs;
  • ·additional funds from the regional and local budgets to provide targeted measures to adapt population incomes to the rising cost of living;
  • · income from paid services and from economic activities;
  • ·charitable donations and contributions from enterprises, public organizations and individuals, proceeds from charitable events.

State standards of social services regulate social services that provide the most important human needs: social and domestic; socio-psychological; social and legal; socio-pedagogical; socio-medical and other needs of citizens.

The effectiveness of the activities of social services is ensured by specialists who have a professional education that meets the requirements and nature of the work performed, experience in the field of social services and who, due to their personal qualities, are inclined to provide social services. Rights of social workers employed in the state and municipal sectors:

  • ·work under the terms of an employment agreement (contract);
  • · free preventive examination and examination upon entry to work and free dispensary observation in state and municipal health care institutions at the expense of appropriate budgetary allocations;
  • ·protection of professional honor, dignity and business reputation, including in court;
  • ·obtaining qualification certificates and licenses for professional activities in the field of social services;
  • · free receipt of living space and housing and communal services if they live in a rural area or an urban-type settlement, in the manner established by the legislation of the Russian Federation.

In addition, social workers have the right to be provided with work clothes, shoes and equipment or to receive monetary compensation for their purchase, priority service by trade, catering, and household enterprises, free travel on public transport, and priority installation of a telephone.

A number of factors hinder the development of a network of social services:

  • ·problems related to the mechanism for controlling the volume and quality of social services provided;
  • · lack of competent, educated specialists in the social sphere;
  • ·imperfection of the regulatory and legislative framework;
  • · insufficient funding for some projects;
  • · insufficient awareness of the population about the activities of social services;
  • · low social status and inadequate wages of social service workers;
  • · low awareness of the population about the activities of social services;
  • ·lack of broad participation in the formation of the state order for the volume of services to the population in terms of social services of all sectors of social partnership: government bodies, local governments, business and associations of entrepreneurs and non-profit organizations.

The rules and regulations of social protection of the population directly depend on the regulated law and the direction of this type of support to the population.

The basis of the state social guarantee is minimal social standard, which determine the living conditions of people.

For example, certain rules for support are established for the mother of a newborn child, and different rules for an elderly person (pensioner).

The protection of the population is intended to determine the necessary minimum standard of living so that citizens of the Russian Federation do not find themselves below the poverty line, to establish benefits that are important for certain social groups, and to allow some to use certain services for free.

The essence of social protection

Social protection itself is a system for distributing resources among vulnerable segments of the population. Insecurity is classified and determined according to certain principles.

Public funds are based on the source of funding from the budget.

Thus, funds allocated to social services are generated through taxation. Social protection is:

  • the Russian Federation’s care for people who have lost their ability to work;
  • implementation of guarantees for the population;
  • framework ensuring the maintenance of a minimum established standard of living.

Principles of social protection

Social protection of the population is created in such a way that it can be based on the following basic principles:

  • partnership. The state undertakes to fulfill its obligations to people regarding social protection, but partnership is an integral part. Therefore, close cooperation between the state and private organizations is observed everywhere;
  • economic justice. The very structure of the state is largely based on economic relations. Without ownership of certain resources, which are obtained through the ability to work, the livelihoods of citizens cannot be supported. The state must equalize the capabilities of people by determining, based on the principle of economic justice, priorities for the distribution of funds, and each category of citizens must satisfy its own established individual needs to maintain a comfortable life;
  • adaptability. Social protection should work in such a way that it gradually improves itself, for which different parts of the entire system of social relationships functioning in the state are responsible;
  • priority of state principles. The main task of the Russian Federation in the social direction is the need to help people who, for objective reasons, cannot do this on their own, achieve a certain standard of living that will be acceptable;
  • preventive measures for social protection. Identification of risk factors associated with social orientation. As a rule, it works at the regional level, has its own levels of management priority, the main task of which is considered to be the most flexible combination of providing services on a paid or free basis to maintain normal living conditions.

Social protection bodies in the Russian Federation

The structure of the bodies responsible for the social status of citizens consists of:

  • government bodies (provide the legal basis, strategy and tactics of social policy);
  • civil communities (associations, organizations, firms and enterprises);
  • charitable and voluntary.

The Ministry of Labor is responsible for managing social protection at the federal level in Russia.

They are managed by Pension, Social Insurance and Medical Insurance Funds.

In the regions, the executive bodies of social protection in the Russian Federation are the Department. For questions in Moscow districts, you can contact the district administration.

Social protection objects

  • pensioners, including single people;
  • disabled veterans of the Great Patriotic War, families of fallen military personnel;
  • unemployed;
  • Chernobyl people;
  • disabled people;
  • orphans;
  • large families and low-income families;
  • single mothers;
  • citizens without a place of residence;
  • infected with HIV.

Another measure to protect the social protection of citizens is social insurance, but this area is generally considered auxiliary on a national scale.

It covers persons who have lost their ability to work, and also applies to those who support disabled citizens.

Social protection means

The means of the state for creating social protection include:

  • regulatory restrictions. They are created so that through the use of certain tools it is not possible to influence the condition of unprotected sections of the population. For this purpose, minimum wages and benefit levels are established, there is free medicine and free education;
  • social stimulants in the form of subsidies, preferential forms of assistance, services partially paid from the budget;
  • analysis of the results of work carried out to maintain an average standard of living. As part of these programs, they are developing;
  • the existence of non-state pension systems, which allows people to invest funds allocated to the budget for subsequent receipt of pensions, to contribute them to private funds on other terms;
  • creation of a set of actions to provide services and social protection to disabled citizens. For example, medical supplies or supplies for sick people may be provided;
  • organization of charitable foundations that direct funds to maintain a higher standard of living for different social groups.

Participants in insuring people against life difficulties that prevent them from maintaining a minimum standard of living are the state, non-state insurance funds and commercial as well as charitable organizations.

Promotion! Paid consultation - FREE!

Views