Social protection of the population- this is one of the most important directions of the social policy of the state, which consists in establishing and maintaining the socially necessary material and social position of all members of society.

Sometimes social protection is interpreted more narrowly: as providing a certain level of income for those segments of the population who, for whatever reason, cannot independently provide for their existence: the unemployed, the disabled, the sick, orphans, the elderly, single mothers, large families. Basic principles of social protection:

• humanity;
• targeting;
• complexity;
• ensuring the rights and freedoms of the individual.

The system of social protection of the population and its structure

Social security system is a set of legislative acts, measures, as well as organizations that ensure the implementation of social protection measures for the population, support for socially vulnerable segments of the population.

It includes:

1. Social Security originated in Russia in the 1920s. and meant the creation of a state system of material support and services for the elderly and disabled citizens, as well as families with children at the expense of the so-called public consumption funds. This category is essentially identical to the category of social protection, but the latter applies to a market economy.

In addition to pensions (for old age, disability, etc.), social security included benefits for temporary disability and childbirth, for caring for a child under the age of one, assistance to families in the maintenance and upbringing of children (free or on preferential terms, nurseries, kindergartens, boarding schools , pioneer camps etc.), family allowances, maintenance of the disabled in special organizations (nursing homes, etc.), prosthetic assistance free of charge or on preferential terms, provision of means of transportation for the disabled, vocational training for the disabled, and various benefits for the families of the disabled. During the transition to the market, the social security system largely ceased to fulfill its functions, but some of its elements entered the modern system of social protection of the population.

2. - the provision of social benefits and services to citizens without taking into account the labor contribution and means test based on the principle of distributing these benefits according to the needs of the available public resources. In our country, social guarantees include:

• guaranteed free medical care;
• general accessibility and free education;
• the minimum wage;
• the minimum amount of pensions, scholarships;
• social pensions (disabled since childhood; disabled children; disabled people without work experience; children who have lost one or both parents; persons over 65 (men) and 60 (women) years who do not have work experience);
• allowances at the birth of a child, for the period of caring for a child until he reaches the age of 1.5 years, up to 16 years;
• ritual allowance for burial and some others.

Since January 1, 2002, the amount of benefits related to the birth of a child has been increased. Thus, the amount of a one-time allowance for the birth of a child increased from 1.5 thousand rubles to 4.5 thousand rubles and in 2006 - up to 8000 rubles, the monthly allowance for the period of parental leave until the child reaches the age of one and a half years from 200 up to 500 rubles, and in 2006 - up to 700 rubles. This allowance provided 25% of the living wage for an able-bodied person. The size monthly allowance for a child under 16 years of age has not been reviewed and amounts to 70 rubles. Its ratio with the subsistence minimum for a child was 3.0% in 2004. In Moscow and some other regions, this allowance in 2006 increased to 150 rubles.

Variety social guarantees are social benefits. They represent a system of public guarantees provided to certain groups of the population (disabled people, war veterans, labor veterans, etc.). In 2005, benefits in kind were replaced by monetary compensations for these categories of the population. Since January 1, 2005, the preferential category of citizens has the right to use the social package and the right to receive monthly cash payments. The cost of the social package is set at 450 rubles. It includes travel in suburban transport, free drug provision, sanatorium treatment and travel to the place of sanatorium treatment. The law provides that from January 2006 beneficiaries will be able to choose between a social package and receiving the appropriate amount of money.

From January 1, 2006, monthly cash payments in accordance with the law were established in the following amounts: Patriotic War- 2000 rubles; participants of the Second World War - 1500 rubles; combat veterans and a number of other categories of beneficiaries - 1,100 rubles.

Persons who worked during the Second World War at air defense facilities, the construction of fortifications, naval bases, airfields and other military facilities, family members of those who died or died war invalids, participants in the Great Patriotic War and combat veterans, will receive 600 rubles a month.

Disabled persons with a third degree of restriction of labor activity are paid 1,400 rubles a month; second degree - 1000 rubles; first degree - 800 rubles; disabled children will be paid 1000 rubles. Disabled people who do not have a degree of restriction on labor activity, with the exception of disabled children, receive 500 rubles a month.

Social insurance— protection of the economically active population from social risks on the basis of collective solidarity in compensation for damage. The main social risks associated with the loss of ability to work, work and, accordingly, income, are illness, old age, unemployment, motherhood, accident, work injury, occupational disease, death of the breadwinner. The social insurance system is financed from special extra-budgetary funds formed at the expense of contributions from employers and employees, as well as state subsidies. There are two forms of social insurance - compulsory (supported by the state of its funds) and voluntary (in the absence of state assistance). Citizens are supported primarily through cash payments (pensions and benefits for sickness, old age, unemployment, loss of a breadwinner, etc.), as well as through financing of health services, vocational training, etc. related to the restoration of working capacity.

Social support(assistance) is provided to socially vulnerable groups of the population who, for one reason or another, are unable to secure an income for themselves. Assistance is provided through both cash and in-kind payments (free meals, clothing) and is funded by general tax revenues. For getting social assistance means testing is usually required. Assistance is provided to those people whose incomes are below the minimum living standards, and is an essential element of the anti-poverty policy, ensuring a minimum guaranteed income, as a realization of the right to life.

Social support is not limited to material assistance. It also includes measures in the form of assistance and services provided by individuals or groups of the population with social services to overcome life's difficulties, maintain social status, and adapt in society.

The activities of social services for social support, the provision of social, medical, pedagogical, legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations has formed into a separate branch of the social sphere - social services.

The system of social service institutions in Russia is developing at a very rapid pace. During the period 1998-2004, the total number of social service institutions increased by one third. At the same time, the number of institutions for the elderly and the disabled increased by more than 1.5 times compared with 1985, and by 18% compared with 1998. Number of centers for social assistance to families and children in 1998-2004 increased by 2 times, social rehabilitation centers - by 2.5 times. There are 25 rehabilitation centers for the disabled young age, 17 gerontological centers. New types of social service institutions have appeared: crisis centers for women, so far the only crisis center for men, crisis departments for girls.

Work aimed at helping, supporting and protecting people, and, above all, socially weak sections of society, is called social work.

object social work are people in need of outside help: the elderly, pensioners, the disabled, the seriously ill, children; people who got into
I wish for a life situation: the unemployed, drug addicts, teenagers who have fallen into bad company, single-parent families, convicts and those who have served their sentences, refugees and migrants, etc.

Subjects of social work- those organizations and people who carry out this work. This is the state as a whole, carrying out social policy through state bodies of social protection. it public organizations: Russian Association of Social Services, Association of Social Educators and Social Workers, etc. These are charitable organizations and relief societies such as the Red Cross and Red Crescent.

The main subject of social work are people engaged in it professionally or on a voluntary basis. There are about half a million professional social workers (that is, people with the appropriate education and diploma) all over the world (in Russia there are several tens of thousands). The main part of social work is performed by non-professionals, either as a result of circumstances or because of convictions and a sense of duty.

Society is interested in increasing effectiveness of social work. However, it is difficult to define and measure it. Efficiency is understood as the ratio of the results of activities and the costs necessary to achieve this result. Efficiency in the social sphere is a complex category that consists of goals, results, costs and conditions social activities. The result is the final result of any activity in relation to its purpose. It can be positive or negative. In social work, the result is the satisfaction of the needs of its objects, clients of social services, and on this basis the general improvement of the social situation in society. The criteria for the effectiveness of social work at the macro level can be indicators of the financial situation of the family (person), life expectancy, the level and structure of morbidity, homelessness, drug addiction, crime, etc.

The problem of the limits of social assistance to citizens is closely related to the criterion of effectiveness. As in the implementation of the income policy, it is necessary to take into account the possible negative consequences of massive social support: the appearance of dependency, passivity, unwillingness to make decisions and solve one's own problems. There may be negative developments in the social sphere (for example, active support for single mothers may result in a decrease in the marriage rate and, ultimately, the birth rate).

The state system of social security of the population by types of security includes: pension system ; a system of social benefits and compensation payments; system of social services (social services); system of social medical care and treatment; social assistance system; system of social benefits and benefits.

It is logical to assume that each of these systems should correspond to a similar, organically related state system of bodies that directly provide the population with the listed types of social security. But this is not. There are many reasons: differences in financial sources of social security, subject composition, organizational and legal forms of providing for citizens, etc. There is no single regulatory legal act that would contain a specific list of bodies providing certain types of social security. An indication of such bodies can be found only as a result of an analysis of the norms of numerous legal acts, one way or another related to the issues of social security of citizens.

Let us consider what are the bodies functioning in the field of social security in general terms, and what are their differences.

Obligatory participants (subjects) of relations on direct social security are considered to be some kind of social material benefit, on the one hand, citizens who have the right or claim it, on the other hand, the competent authorities and organizations that provide this or that type of social security, and which are determined legislation.

First, let us find out what kind of bodies we are talking about, if there are two main organizational forms of social security - compulsory social insurance and provision through appropriations from the state budget.

Here are two specific participants in pension relations - a factory worker insured under compulsory pension insurance and a military officer from among the officers. Suppose that both of them are entitled to an old-age labor pension and a seniority pension.

As mentioned earlier, the pension system consists of two relatively independent systems - insurance and budget. This means that an employee of the plant will have to apply to the local FIU regarding his pension. What if he has a funded pension? funded part labor pension), which he transferred to the management of a non-state pension fund, he can also apply to this fund. The serviceman, in turn, applies through the military commissariat at the place of residence to the pension body of the Russian Ministry of Defense. This example clearly shows the difference between the pension authorities where these persons should apply for their pension. The delimiting criteria here are forms organizations of pension provision - compulsory pension insurance and state pension provision; kinds state pensions- labor and budget; funding sources - the PFR budget and appropriations from the state budget, etc.

It can be assumed that this approach can be used for all types of state pensions, which are grouped into two pension systems. But it's not. For example, payout social pension produced by the Pension Fund of the Russian Federation, although such a pension is part of the budgetary pension system.

Thus, criteria that are not always available, for example, forms and types of social security, may directly indicate the body that provides this or that type of security.

Now let's find out what the competent authorities can be, depending on this type of social security, such as social benefits, and what are the categories of their recipients. The most typical example is the provision of maternity benefits.

The Federal Law of May 19, 1995 “On State Benefits for Citizens with Children” establishes the right to benefits for pregnancy and childbirth for various categories of women. For example, such an allowance is given to women subject to social insurance; students with a break from work in educational institutions of primary, secondary and higher professional education, in institutions of postgraduate professional education; serving in the military under a contract, serving as private and commanding personnel in internal affairs bodies, and in other cases.

According to the current rules, for the indicated categories of women, the social allowance in question is assigned and paid, respectively, at the place of their work, study or service. But there is an exception. So, this allowance is assigned and paid to a woman on the last place of work (service), if maternity leave occurred within a month after dismissal from work (service) in the following cases: a) transfer of the husband to work in another area, moving to the place of residence of the husband; b) an illness that prevents the continuation of work or residence in the area (in accordance with a medical certificate issued in the prescribed manner); c) the need to care for sick family members (if there is a medical certificate) or disabled people of group I. Thus, various authorities will come into play, obliged to pay this allowance.

Another example. Now we will talk about such a delimiting criterion as the financial sources of payment of benefits for pregnancy and childbirth. They may be different. Thus, for women subject to compulsory social insurance, these benefits are paid by the employer at the expense of the FSS of Russia. The same fund finances the expenses for allowances for women who study part-time in educational institutions of primary, secondary and higher vocational education, in institutions of postgraduate vocational education. The direct payment of such benefits is carried out by the administration educational institution. Women undergoing military service under a contract, serving as private and commanding personnel in internal affairs bodies, in the State Fire Service, in institutions and bodies of the penitentiary system, in bodies for controlling the circulation of narcotic drugs and psychotropic substances, in customs bodies receive this allowance at the expense of the state budget in the relevant body.

As can be seen from the example, the same type of social security can be provided at the expense of the same Money but issued by different authorities. Or, conversely, the same body may provide several types of social security from different financial sources.

So, there is a variety of bodies directly providing social security. In order to find out which body provides this or that type of social security, in each specific case it is necessary to analyze numerous normative legal acts. Their research shows the following. In addition to the bodies directly providing some kind of social security, there are others. Among them, one way or another related to social security issues, include, for example, federal legislative, executive and judicial authorities, relevant bodies of the constituent entities of the Russian Federation and local self-government, compulsory social insurance funds, non-profit and other organizations, administration of organizations and institutions .

Not all of these bodies are in direct contact with citizens and provide them with one or another type of support. They may directly or indirectly (indirectly) relate to the sphere of social security of the population. An example of an indirect relationship to the sphere of social security is the activity of federal legislative bodies. Thus, the Federal Assembly, as the highest body of legislative power, cannot be called a social security body, since it has no direct connection with a particular citizen. But social security itself depends on the federal laws passed by this legislature. Russian citizens.

The Government of the Russian Federation is a federal state executive body of general competence, which should be considered the main instrument for the implementation of constitutional norms, the implementation of the main directions of state policy, including in the social sphere. To this end, the government is endowed with broad powers in all areas of the life of the population. It is also responsible for ensuring the rights and freedoms of citizens, including their social security. The federal government itself also does not have direct contact with citizens about the direct provision of social security to them.

Consequently, there are bodies that are entrusted with the implementation (and general management) of the social security sector (As discussed in the first chapter of this study guide.).

The Government of the Russian Federation is subordinate to the central bodies of federal executive power - federal ministries, federal services, federal agencies, etc.

Through them, the government carries out all the work to fulfill the tasks assigned to it by law, including social security. Thus, the structure of the federal government includes the Ministry of Health and Social Development of the Russian Federation (Ministry of Health and Social Development of Russia). Through this ministry, the government ensures the implementation public policy in the field of social security. In turn, subordinate bodies subordinate to the Ministry of Health and Social Development of Russia, for example, district or city departments (committees, departments, services) of social protection of the population (This is how these bodies are officially called.) or employment of the population, are directly connected with citizens, since they provide them with one or another type of social security.

Thus, there are bodies that are part of the system of state executive power. Depending on their position (hierarchical level in the vertical of power), they may or may not have a direct connection with citizens regarding their social security. All links between the specified government bodies(vertically - from top to bottom) are based on the principle of subordination to each other, i.e. relationships of subordination and power. (These relations are regulated by the norms of administrative law. They develop in the sphere of activity of the executive branch, for example, between bodies subordinate to the Ministry of Health and Social Development of Russia.)

A similar analogy can be traced in the relationship between the bodies that are part of the system of each social insurance fund (PFR, FSS of Russia, compulsory medical insurance funds). These funds are not bodies of state executive power. The content of relations between bodies within the structure of each fund is of an administrative nature. In other words, in the internal relationships of these bodies, there are also relations of subordination and power. Therefore, such relations can also be regulated by the norms of administrative law. Consequently, there are clearly defined vertical relations of an administrative-legal nature within the very system of some bodies that provide this or that type of social security. There are such relations between the bodies that are part of the structure of the PFR, the FSS of Russia, and compulsory medical insurance funds. Between the bodies themselves (vertically) the principle of subordination and power operates.

As mentioned above, in some cases, the provision of certain types of social security is carried out by the employer in the person of the administration of organizations and institutions. Thus, the state delegated some of its powers to them. This manifests the operation of the basic principle of social security law - the creation of maximum conveniences for citizens in the exercise of their right to one or another type of social security.

At the same time, we note main feature. Between the subjects of material relations for social security - citizens and bodies (organizations) - there are no relations of subordination and power. Consequently, administrative-legal relations between citizens - recipients of material benefits, i.e. there is no one or another type of social security, and there are no bodies providing them.

Thus, in the field of social security, there are various bodies and organizations. Conventionally, we will distinguish them into two main types. The first type is the bodies that directly provide the relevant types of social security. The second type includes bodies that are indirectly related to social security. Both of them are related to each other in one way or another. Their activity is equally important, since it is a guarantee of the implementation of the rights of citizens to social security.

Taking into account the scope of authority of the bodies, the degree of their participation in the social security of the population, it is possible to distinguish five main classes of bodies that carry out their functions of social security.

The first class - public authorities and municipalities. They were mentioned above. They also mean the bodies of various federal ministries and departments, for example, the Ministry of Health and Social Development of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Defense of Russia, etc.

The second class is the bodies of compulsory social insurance. In this case we are talking about the bodies included in the structure of the PFR, the FSS of Russia, compulsory medical insurance funds, from the federal level to the local level.

The third class is non-state bodies, such as non-state pension funds. The state delegated some powers to them funded pensions(contributory part of labor pension).

The fourth class is public organizations: these are trade unions, public organizations of the disabled, for example, the All-Russian Society of the Disabled, the All-Russian Society of the Blind, the All-Russian Society of the Deaf.

The fifth class is employers (administration of organizations and institutions) that directly issue certain types of social security to citizens.

The participation and role of these bodies in the social security of the population is different and depends on what powers they are vested with in accordance with the current legislation. Despite the existing differences, they have one common and unifying goal - the social security of citizens. The above-mentioned bodies carry out social security in the country as a whole (General concepts and characteristics of the mechanism for the implementation of social security and its management can be studied separately in optional classes.).

Recently, along with centralized forms, non-state social security has also become widespread.

• 1. Municipal social service. The Moscow Government is implementing a social policy aimed at improving the lives of Muscovites of all social strata and categories. The actions of the Moscow Government are aimed primarily at protecting the elderly, the disabled, families with children and other low-income categories of the population. Thus, according to the Decree of the Government of Moscow dated January 16, 2001 No. 31-PP, a comprehensive program of social protection measures for Moscow residents for 2001 was approved, according to which it was envisaged:
  • * monthly compensation payments to former disabled servicemen, parents of servicemen who died in peacetime;
  • * increase in the amount of subsidies for needy students;
  • * allowances for pensions in excess of the social norm, and other payments.
• 2. Non-state pension funds. They operate on the basis of Federal Law No. 75-FZ dated May 7, 1998 “On Non-State pension funds". This is a special organizational and legal form of a non-profit social security organization, the exclusive type of activity of which is the non-state pension provision of fund participants on the basis of relevant agreements between the population and depositors in favor of the fund participants.

The activities of the fund for non-state pension provision of the population include the accumulation of pension contributions, the placement of pension reserves, the accounting of the fund's pension obligations and the payment of non-state pensions to fund participants.

3. Charitable activities of citizens and legal entities. Legal regulation of charitable activities is carried out on the basis of the Federal Law of 11.08.1995 No. 135-F3 "On Charitable Activities and Charitable Organizations", the Law of the City of Moscow of 05.07.1995 No. 11--46 "On Charitable Activities".

Charitable activity is a voluntary activity of citizens and legal entities for the disinterested (gratuitous or on preferential terms) transfer of property to citizens or legal entities, including funds, disinterested performance of work, provision of services, provision of other assistance for the purpose of social support and protection of citizens , including the improvement of the financial situation of the poor, the social rehabilitation of the unemployed, the disabled and other persons who, due to their physical or intellectual characteristics, as well as other circumstances, are not able to independently exercise their rights and legitimate interests.

4. Benefits and compensations provided to employees by enterprises, institutions, organizations at the expense of profit. An example of such social security is the provision of additional days of rest for certain categories of workers.

The types of social security in the Russian Federation include:

• - labor and social pensions;
• - insurance benefits (for unemployment, temporary disability, pregnancy and childbirth, citizens with children, etc.);
• - services in the field of social services for the elderly and disabled;
• - provision of free medical care under compulsory medical insurance programs; and etc.

Consider the example of a veteran going to court with a claim to invalidate the refusal to register as in need of housing and to recognize the right to receive social support for housing.

October 20, 2012 gr. Demin I.F. appealed to the court with the requirements to recognize the decision of the administration rural settlement Vysokovo, Rameshkovsky District, Tver Region (hereinafter referred to as the administration of the rural settlement of Vysokovo) is illegal to recognize his right to receive social support for housing as a participant and invalid of the Great Patriotic War.

The claims are based on the fact that the plaintiff was a participant in the Great Patriotic War of 1941-1945, was seriously wounded, and was permanently disabled.

According to the Federal Law “On Veterans”, Federal Law No. 5-FZ of January 12, 1995 (as amended on December 22, 2014 No. 317-FZ) “On Veterans” // Collection of Legislation of the Russian Federation, 1995, No. 3, Art. 168., Articles 14, 15, disabled people and participants in the Great Patriotic War are entitled to receive social support measures to provide housing once, regardless of their property status.

• October 5, 2012 gr. Demin I.F. applied to the administration of the rural settlement Vysokovo with an application for registration for the improvement of housing conditions and the provision of an apartment.
• On October 15, 2012, by a decision, the head of this rural settlement refused to register him for improving housing conditions as a disabled veteran of the Great Patriotic War, and then by a subsequent decision, on the basis of a protest from the prosecutor of the Rameshkovsky district, she canceled the decision and removed it from the register for improving housing conditions as a participant in the Second World War, although he was not registered. Expressing disagreement with the refusal of the administration of the rural settlement, the plaintiff indicated that he lives in the house with his wife.

There are no utilities in this house, the toilet is located in a cold shed adjacent to the house. Although the house is sheathed with boards, the logs are dilapidated, have decay, in winter it is impossible to heat it. The roof is leaking and needs a major overhaul with the replacement of slate and wooden structures. Drinking water must be carried from a well located 300 meters from the house.

On October 23, 2012, the regional interdepartmental commission conducted a surface survey of the house and concluded that the house was suitable for permanent habitation and that the slate roof needed to be replaced. The commission did not take into account their age, illness and inability to serve themselves.

The administration refuses to overhaul the house, referring to the fact that the plaintiff donated the house. But he donated the house not to be put on the waiting list for improving living conditions, but because of his age and health. He believes that as a participant and invalid of the Great Patriotic War, awarded with government awards, he has the right once in his life to receive social support in the form of comfortable housing.

Subsequently, the claims were supplemented by the requirement to oblige the administration of the rural settlement of Vysokovo, Rameshkovsky District, Tver Region, to put I.F. to register those in need of better living conditions as a veteran and disabled veteran of the Great Patriotic War.

According to paragraph 1 of the Decree of the President of the Russian Federation dated 07.05.2008 No. 714 "On providing housing for veterans of the Great Patriotic War of 1941 - 1945", veterans of the Great Patriotic War in need of better housing conditions, who are entitled to appropriate social support in accordance with the Federal Law "On Veterans", should be provided with housing.

In accordance with the preamble of the Federal Law "On Veterans" Federal Law No. 5-FZ of January 12, 1995 (as amended on December 22, 2014 No. 317-FZ) "On Veterans" // Collection of Legislation of the Russian Federation, 1995, No. 3, Art. 168. This Federal Law establishes legal guarantees for the social protection of veterans in Russian Federation in order to create conditions that provide them with a decent life, active work, honor and respect in society. According to p.p. 4, Clause 1, Article 14 of the said Federal Law, the measures of social support for war invalids include the provision of housing at the expense of the federal budget for veterans of the Great Patriotic War who need to improve their living conditions, which is carried out in accordance with the provisions of Article 23.2 of this Federal Law. Disabled people of the Great Patriotic War have the right to receive social support measures to provide housing once, regardless of their property status.

According to p.p. 3, Clause 1, Article 15 of this Federal Law, measures of social support for participants in the Great Patriotic War include the provision of housing at the expense of the federal budget for participants in the Great Patriotic War who need to improve their living conditions, which is carried out in accordance with the provisions of Article 23.2 of this Federal Law. Participants of the Great Patriotic War are entitled to receive social support measures to provide housing once, while housing is provided regardless of their property status.

The above regulations link the obligation of the state to provide housing for disabled people and participants in the Second World War once with the fact that they are recognized as in need of better housing conditions, without taking into account their financial situation.

The grounds for recognizing citizens as in need of residential premises are established by Article 51 of the Housing Code of the Russian Federation. These include, among others, the residence of a citizen in a room that does not meet the requirements established for residential premises.

At the same time, within the meaning of the provisions of this article and the provisions of part 2 of article 57 of the HC RF, in order to recognize a citizen as in need of better housing conditions, it is sufficient to establish the fact of non-compliance of the residential premises with the requirements established for residential premises, and it is not necessary to establish the fact of recognizing the residential premises as unsuitable for living and not subject to repair or reconstruction, since the establishment of the fact that the dwelling is recognized as unfit for habitation and not subject to repair or reconstruction is the basis for extraordinary provision of living quarters.

Such an understanding of these norms of the law in relation to veterans of the Great Patriotic War is fully consistent with the goals proclaimed by Decree of the President of the Russian Federation of May 7, 2008 No. and the invalids of the Great Patriotic War, the state must create conditions that provide them with a decent life, active work, honor and respect in society.

Decree of the Government of the Russian Federation of January 28, 2006 No. 47 “On Approval of the Regulations on Recognizing Premises as Residential Premises, Residential Premises Unsuitable for Habitation and an Apartment Building as Emergency and Subject to Demolition or Reconstruction” establishes the requirements that a residential premise must meet.

In particular, the bases and load-bearing structures of a residential building, as well as the bases and load-bearing structures that are part of the common property of the owners of premises in an apartment building, must not be destroyed and damaged, leading to their deformation or cracking, reducing their load-bearing capacity and deteriorating operational properties. structures or a residential building as a whole (paragraph 2, clause 10).

The dwelling must be provided with engineering systems (electric lighting, domestic and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). In settlements without centralized engineering networks in one- and two-story buildings, the absence of water supply and sewered latrines is allowed (paragraph 12). The court found that the residential building in which Dyomin I.F. lives does not meet these requirements.

Considering that Demin I.F. by virtue of the above provisions of the Federal Law "On Veterans" Federal Law of January 12, 1995 No. 5-FZ (as amended on December 22, 2014 No. 317-FZ) "On Veterans" // Collection of Legislation of the Russian Federation, 1995, No. 3, art. 168. has the right to housing, regardless of property status, the house in which he lives does not meet the specified requirements for living quarters, the administration of the rural settlement Vysokovo had the grounds provided for in Article 51 of the LC RF to recognize it as in need of improvement housing conditions and putting it on the appropriate account.

However, the decision to register it for the improvement of housing conditions by the administration of this rural settlement was canceled and Demin I.F. removed from this account.

According to the explanation of the head of the administration of the rural settlement Vysokovo, one of the grounds for removing Demin I.F. accounting was the fact of alienation by him of a residential building under a donation agreement, which is not indicated as such a basis in the relevant resolution.

Indeed, in accordance with Article 53 of the Housing Code of the Russian Federation, citizens who, with the intention of acquiring the right to be registered as needing residential premises, have taken actions as a result of which such citizens can be recognized as needing residential premises, are registered as needing residential premises. premises not earlier than five years from the date of the said intentional acts.

Within the meaning of this provision of the law, actions to worsen their living conditions, as a result of which citizens acquire the right to be recognized as in need of better housing conditions, are actions, including transactions, as a result of which a person who did not have the right to improve housing conditions received such a right. .

In this case, the court sees that Dyomin AND.F. prior to the transaction for the alienation of his house, being its owner, he could be recognized as in need of better housing conditions in the manner prescribed by law. In addition, the alienation of the house was carried out by him under a gratuitous transaction - a donation agreement. Under such circumstances, it should be concluded that the transaction for the alienation of I.F. at home was not aimed at deliberately worsening his living conditions, as a result of which he would have received the right to improve them, since he had such a right before it was committed, and there is no intention in his actions.

On February 6, 2013, the Rameshkovsky District Court of the Tver Region decided statement of claim Demina I.F. satisfy completely. Recognize for Demin I.F. as a participant and invalid of the Great Patriotic War, the right to receive social support measures to provide housing. Oblige the administration of the rural settlement of Vysokovo, Rameshkovsky District, Tver Region, to put Dyomin I.F. to register those in need of better housing conditions as a veteran and disabled veteran of the Great Patriotic War Decision of the Rameshkos District Court of the Tver Region dated February 6, 2013 in case No. 2-43 / 2013.

The concept of social security is closely linked with the concept of social protection, which is understood as a specific social policy of the state, seeking by legal measures to ensure a satisfactory or comfortable existence for those groups of the population who are in a particularly difficult financial situation and are unable to improve it without external support. The relationship between social protection and social security is more objectively revealed on the basis of international experience in the legal regulation of both of these social categories.

There is a big difference between these concepts.

1) Social security is a form of distribution that guarantees citizens, in the event of adverse situations, state support in the form of pensions, benefits and social services. The system of social protection performs a preventive function, which should not allow adverse situations.

2) Social security is covered by social protection, which allows the implementation of its security function, that is, within the framework of social security, protection is carried out against those unfavorable situations that have already been implemented.

Classification of forms of social protection:

1. Depending on the role of the subject of the recipient. Social protection can be active and passive. Active social protection implies an active position of the recipient subject, for example, in the form of employment. If a person fails to find a job, then unemployment benefits are assigned.

2. By subject composition: state, municipal, corporate, social partner and public, carried out through public associations, charitable organizations.

3. Depending on the basis for granting: contractual and non-contractual forms of social protection, the latter arise by virtue of law.

4. Depending on the degree of coverage of the subjects of the recipients: general (applies to all citizens without exception, for example, protection from emergencies); special (categorical, they are provided to certain categories of the population, which are distinguished by professional, territorial or other characteristics); exceptional (provided on the basis of special regulations, to those categories of the population that fall into extraordinary circumstances that require exceptional measures, for example, the protection of Chernobyl victims, the protection of refugees, internally displaced persons, etc.).

Thus, the concept of "social protection" is much broader than the concept of "social security", since the latter is included in the category of the former.

In this paper, we would like to analyze in more detail such an institution as “social security”, since it more clearly reflects the constitutional and legal foundations of social relations and helps to determine by what means the smoothing of social inequality in society is achieved.

A developed system of social security is an obligatory element of a welfare state. According to Article 7 of the Constitution, Russia is a social state whose policy is aimed at creating conditions that ensure a decent life and human development. The norms prescribed in the constitution are the norms of direct action and are obligatory for implementation.

Social progress requires the state to pay more attention to solving the problems of social security, and the more consistent this attention becomes, the more stable the socio-political situation in Russia will be, the stronger the social security of citizens, the more organized their lives, the more comfortable their psychological well-being - this will improve the level and quality of life population of the Russian Federation.

The right of Russian citizens to social security is specified in Art. 39 of the Constitution. It states that every citizen of the Russian Federation 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 is an expression of the social policy of the state at this stage of its development.

Social security is a form of expression of the social policy of the state, aimed at providing material support for certain categories of citizens from the state budget and special extra-budgetary funds. public funds in the event of the occurrence of events recognized by the state as socially significant, in order to equalize the social position of these citizens in comparison with other members of society.

In the legal literature, you can find a number of other definitions of this concept.

State social security is a guaranteed system of material support for citizens (in cash and in kind) upon reaching a certain age, in case of disability, loss of a breadwinner, temporary disability, raising children, loss of earnings or income, and in other cases specially stipulated by law, and as well as the protection of their health, carried out at the expense of specially created extra-budgetary funds of compulsory social insurance, formed at the expense of insurance premiums and appropriations from the state budget of the Russian Federation by authorized bodies in the manner prescribed by law.

K.N. Gusov and M.O. Buyanova propose to understand social security as “a form of expression of the social policy of the state aimed at providing material support for certain categories of citizens from the state budget and special non-budgetary state funds in the event of the occurrence of events recognized by the state at this stage of its development of socially significant, in order to equalize the social position of these citizens in comparison with other members of society.

After analyzing these definitions, we can identify the essential features of social security at the present stage:

1) the state nature of the organizational and legal methods of distribution of the total social product established in society through the social security system;

2) legislative consolidation of the list of social risks recognized by the state as grounds for providing various types of social security;

3) fixing in the norms of law or in agreements sanctioned by the state, the circle of persons to be secured;

4) regulation by the state of the social security standard, below which it cannot be, by legislatively fixing the types of security, its level and conditions of provision.

The main functions of social security include:

1) the economic function of social security, the essence of which lies in the fact that the state uses social security as one of the ways to distribute part of the gross domestic product, thereby having a certain impact on the equalization of personal incomes of citizens by providing material benefits instead of lost earnings or along with it upon the occurrence of social risks specified in the laws;

2) a production function, which is expressed in the fact that the right to many types of social security is conditioned labor activity, and the level of security often depends on its nature and the amount of remuneration for work;

3) the social (social rehabilitation) function of social security contributes to maintaining the social status of citizens in the event of various social risks by providing various types of material support, social services in order to maintain a decent standard of living and prevent impoverishment;

4) the political function allows the state to implement the main directions of social policy by means specific to social security. Social policy as a purposeful impact of the state on the living conditions of people in order to implement constitutional provisions is carried out mainly through the social security system. The state of social peace in society depends on how effectively social security performs its political function.

5) protective function is that society provides social security in order to protect citizens in a difficult situation.

Social security is carried out at the expense of funds earmarked for these purposes. Depending on the source of funds, there are 2 types of social security:

1) state social security;

2) non-state social security.

The constitution enshrines legal status citizens in the field of social security: 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 (Article 39); the right to health care and medical care, which is provided to citizens free of charge in state and municipal health care institutions (Article 41); the right to protection from unemployment (art. 37); motherhood and childhood, the family are under the protection of the state (Article 38).

The legislative framework on social security in the Russian Federation.

Table number 1.

As can be seen from the table, regardless of the source of funds, state social security is carried out in various types: pensions, allowances, compensations, social services.

These terms should be defined.

A pension is a regular cash payment provided in order to reimburse citizens for wages or other income, which is made in the manner prescribed by law to certain categories of persons from special funds intended for these purposes.

Depending on the circumstances under which the right to a pension is granted, the following types of pensions are distinguished:

State pension provision;

Labor pension.

Scheme No. 1.

The state pension provision is a monthly state cash payment, the right to receive which is determined in accordance with the conditions and norms established by federal law, and which is provided to citizens in order to compensate them for income lost due to the termination of public service upon reaching the statutory length of service upon entering an old-age (disability) labor pension, or in order to compensate for harm caused to the health of citizens during military service, as a result of radiation or man-made disasters, in the event of disability or loss of a breadwinner, upon reaching the statutory age or disabled citizens in order to provide them with a livelihood.3

Scheme No. 2.

A labor pension is a monthly cash payment that is made in order to compensate citizens for the wages or other income that the insured persons received before the establishment of their labor pension or lost by disabled family members of the insured persons due to the death of these persons, the right to which is determined in accordance with conditions and norms established by federal law.4

An allowance is a cash payment (one-time or periodic), which is assigned to certain categories of citizens in the manner and amount established by law, in order to provide additional material assistance, and are additional to another permanent and main source of livelihood.

Compensations are cash payments addressed to persons in need of social support due to circumstances beyond the control of the recipient. Among them, the following types of compensation can be mentioned: for mothers caring for a child until he reaches one and a half years, students who are on academic leave for medical reasons, etc.

Social services are the activities of social services to support, provide social, social, medical, psychological, pedagogical, social and legal services and material assistance, carry out social adaptation and rehabilitation of citizens in difficult life situations. The main types of social services include: social services at home, social services in stationary institutions, temporary shelter, day stay in social service institutions, advisory assistance, rehabilitation services.

Thus, social security is a complex, multifunctional phenomenon. Social security performs various functions that determine the purpose of social security for the population. The state determines the main directions of activity in this area. The set of guarantees provided to citizens in various situations depends on the capabilities of the state.

For example, state spending on social security in the Russian Federation in 2003 amounted to 1,252.1 billion rubles, which accounted for 6.1% of the total federal budget spending. For example, in the United States, this percentage of the total federal budget expenditure was 22.9.

The main directions of payments go to the sphere of pensions (in 2003 they amounted to 878.6 billion rubles), the amount of funds for the payment of benefits amounted to 140.9 billion rubles. However, social tension in society at the present stage indicates that the state of the Russian social security system does not meet the needs of the population.

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David Gerry, Julia Gerry. Big explanatory sociological dictionary. – M.: Veche. Ast., 1999. - V.1: A-O. - From 139-140.

Volodin A. G. Political economic democracy. - M .: Humanitarian, 2008. S. 119.

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The Constitution of the Russian Federation: adopted at a popular vote on December 12, 1993, Art. 7 // “ Russian newspaper", December 25, 1993 No. 237

L.S. Mamut. Social state from the point of view of law//State and law, 2001. No. 7, p.4-15

See: part 2 of Art. 7 of the Constitution of the Russian Federation.

Kozlova E.I., Kutafin O.E. Constitutional Law of Russia: Textbook - 3rd ed. - M.: Jurist, 2003. - p. 182-183

Federal Law of October 24, 1997 "On the subsistence minimum in the Russian Federation" part 1. article 2// Rossiyskaya Gazeta, No. 210, 10/29/1997

Federal Law of December 10, 1995 "On the basics of social services for the population in the Russian Federation" article 1 / / "Rossiyskaya Gazeta", No. 243, 19.12.1995

Federal Law of December 10, 1995 "On the basics of social services for the population in the Russian Federation" article 4 / / "Rossiyskaya Gazeta", No. 243, 19.12.1995

Dolzhenkova G.D. Social security law: lecture notes// M., Yurait-Izdat, 2007. p.11

Dolzhenkova G.D. Social security law: lecture notes// M., Yurait-Izdat, 2007. p.8

Sharin V. "Social security" - a concept that needs clarification // Sots. provision.2005. - No. 6. - p.37.

Buyanova M.O., .Gusov K.N. Social Security Law of Russia: Textbook.//M.:TK Velby, Prospect Publishing House, 2004. - p.

3 Federal Law “On State Pension Provision in the Russian Federation” dated December 15, 2001 No. 166-FZ Article 2 // Collection of Legislation of the Russian Federation 2001 No. 51. Art.4831