Social protection of children. Topic. Problems of formation of the system and mechanism of social protection in market conditions Legal problems of the social security system

" " Problems social security

Welfare issues


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In Russia, to date, there has been no formation of sufficiently clear approaches to reforming the existing system of social protection, which is characterized by an extremely high paternalistic role and extremely poorly defined public institutions. In recent years, the social protection of the population of Russia has focused on the targeted operational solution of the most acute, crisis, life problems of certain categories of citizens on a declarative basis. At a certain stage, this path was the most realistic for the practical solution of problems in this area and seemed to be successful. However, time has shown that this approach does not give a long-term effect, since it is not aimed at preventing the recurrence of crises, at the long-term social protection of each individual and the population as a whole.

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Legal problems of the development of social security, the main of which is:

· high level of poverty and significant differentiation of money incomes of the population;

· unfavorable demographic situation, characterized by low birth rates, life expectancy, which leads to demographic aging, as well as natural population decline;

· widespread benefits and compensation payments without taking into account the needs of recipients;

· underfunding of social and cultural organizations.

Conclusion

Social security has always occupied and will continue to occupy one of the key, defining places in the life of the state and society. It directly depends on the development of the economy and is closely connected with politics and the social well-being of working people and non-working sections of the population.

Social policy aimed at the implementation of constitutional guidelines to ensure a decent life and free development of man and society is a fairly broad category. An important system-forming element is social security, which is a complex state, legal and social institution that acts as a form of distribution of material goods in order to meet the vital personal needs of members of society who need it. Public relations arising in connection with the provision of these material benefits constitute the subject of social security law.

Social security law as a formation of the system of Russian law is a complex industry. The emergence and development of complex industries is due to the need for legal regulation of social relations, combining public law and private law principles. The main distinguishing feature of a complex branch of law is the inclusion in its system of norms originally related to other branches.

In economic and legal science, the concept of social security is interpreted ambiguously and is still not generally accepted. In a semantic understanding, social security means "the provision of sufficient material means of life to someone by society." In other words, various forms of society's assistance to its members in this definition are treated as social security.

Meanwhile, the forms and types of such assistance can be very diverse. Based on this, two main concepts of the content of this concept have developed in science - economic and legal. Supporters of the economic concept included in social security all types of assistance to members of society at the expense of public consumption funds (including free secondary, secondary specialized and higher education, free housing (or housing subsidies), free physical education and sports, services by cultural institutions, all types of pensions, benefits, social services, medical care and treatment, as well as various benefits for certain categories of citizens). The basis of this concept was the method of distribution of goods through public consumption funds.

Relevance of the topic. Social security is the main component in the life of society and the state. Social security is directly related to the life and well-being of the people, their well-being and the policy pursued by the state. It is no coincidence that I chose this topic. The problems of the social security system are most relevant in our time. Each of us has faced or will definitely face some kind of social protection. Social protection, like social security in general, includes all types of pensions, allowances, compensation payments, social services, medical assistance and much more. Each of us, guided only by this knowledge, can already identify such problems as unemployment, poor quality of medical care, lack of a 100% guarantee of social protection in old age, lack of assistance in difficult life situations, and many others.

The relevance of this topic is confirmed by various court decisions. For example, according to the court decision of 11.02.2011. The Zheleznogorod City Court of the Kursk Region refused to issue a certificate to A.E. Evseev for the Semipalatinsk test site of the Chernobyl accident. According to the decision of the Constitutional Court of the Russian Federation No. No. 534-0-0, Galakhova O. B. was denied acceptance of a complaint about the violation of her constitutional rights, in accordance with the provisions of the Federal Law “On additional. Measures of state support for families with children. On the example of these decisions, we are once again convinced that the social security system is not being improved. It is precisely because of the numerous problems in this industry that many people cannot receive the social support and protection to which they are officially entitled.

There are several conditions of sociality - these are sources of funding, the circle of persons subject to social security, the conditions for providing social security and the purpose of providing security.

The first is the sources of funding. These include off-budget special funds: FSS, FFOMS, the State Employment Fund of the Russian Federation and the state budget, republican and territorial funds for social support of the population.

And now we will define the circle of persons subject to social security.

According to the legislation of the Russian Federation, provision at the expense of society and the state should not be carried out for all citizens, but only for certain categories of them. Such persons are - disabled persons (due to old age, disability, length of service), who have lost their breadwinner; pregnant women; children; families with children; unemployed; persons with the status of refugees and internally displaced persons; war and labor veterans; persons affected by radiation; awarded with orders of military and labor glory; Heroes Soviet Union and Russia; residents of besieged Leningrad; persons awarded the medal "For the Defense of Leningrad"; former prisoners of concentration camps, ghettos; persons subjected to repression and subsequently rehabilitated. The range of these persons is established in relation to specific types of security.

The third condition is the conditions for providing security.

The right to one or another type of security is established for certain groups of the above citizens only upon reaching a certain age, disability, death, birth of a citizen, etc.

The fourth condition is the purpose of providing security.

By providing citizens with one or another type of security, the state pursues certain goals. They can be conditionally subdivided into nearest, intermediate, final. Thus, when providing a woman with benefits for pregnancy and childbirth, the immediate goal is material support for the woman during the period when she is released from work before or after childbirth. The intermediate goal is to take care of the health of mother and child. The ultimate goal is to raise a healthy generation and increase the population of the country. However, the main goal of each type of provision is to equalize the social status of certain categories of citizens with the rest of society.

Based on the above conditions, social security should be understood as a form of expression of the social policy of the state, aimed at the material provision of certain categories of citizens from the state budget and special non-budgetary funds. public funds. This happens in the event of the occurrence of events recognized by the state, at this stage of its development, as socially significant, in order to equalize the social position of these citizens, in comparison with other members of society.

From this definition it follows that the social security system of modern Russia should include all types of pensions, benefits, compensation payments, social services, medical care and treatment, as well as various benefits for certain categories of citizens.

This topic was touched upon in their works by such scientists as Dogadov V.M., Semashko N.A., Durdenevsky A., Andreev V.S., Kalashnikov S.V., Rakitsky B.V., Bocharov M.P..

Later, Mironov T.K. took up a detailed study of the problems of social security and directly social security itself. Scientists Postnikov V.G., Aronov A.V., Azarova E.G. also contributed to the research. and etc.

aim writing this work is to study the problems of the social security system of the Russian Federation.

The theoretical and practical significance of the problems of the development of social security in the short and longer term, their relevance predetermined the choice of the topic of this work.

Research objectives:

  • -determine the general provisions of social security law as a branch of law;
  • -to study and analyze the problems of the social security system;
  • - to propose their own ways of solving certain problems of social security.

Object of study- legal relations arising in the social security system of the Russian Federation.

Subject of study- the process of social security in the Russian Federation.

Research method- analysis and assessment of the problems of the social security system. social security legal

The thesis consists of an introduction, two chapters, a conclusion and a bibliography.

The text of the work is placed without images and formulas.
Full version work is available in the "Files of work" tab in PDF format

Introduction

1948 Universal Declaration of Human Rights in Art. 22 proclaimed that every person, as a member of society, has the right to social security. This right, by its nature, should make it possible to ensure, taking into account the material opportunities available to society, a decent existence for a person in the event of such life situations when he is not able to receive a source of income in exchange for the labor expended. The norms of the declaration bind the realization of the right of every person to a decent standard of living, not only during the period when a person is working, but also in cases of unemployment, illness, disability, widowhood, old age or other cases of loss of livelihood due to circumstances beyond the control of the citizen.

According to Art. 39 of the Constitution of the Russian Federation, every citizen of Russia 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 protection and social security in a state-organized society is an area of ​​interweaving of the vital interests of citizens, property and distribution relations, legal methods and methods of their regulation, social policy of the state and socio-economic human rights. It is also the sphere of refraction of such universal human values ​​as equality, social justice, humanism, moral foundations of society. The intended purpose of social security is, first of all, that it is a special form of meeting the needs for sources of livelihood for the elderly and the disabled.

The constitutive signs of social security include: objective grounds that cause the need for a special mechanism of social protection of citizens aimed at maintaining or providing a certain level of life support (illness, old age, disability, unemployment, etc.); special funds, sources of social security; special livelihoods; fixing the rules for the provision of social security in law.

The objective foundations of social security, for all their differences, affect a person's ability to work in the direction of its temporary or permanent limitation or complete loss. It is they who predetermine the need of a certain number of people to receive a source of livelihood from society in exchange for new labor expended; the need for preventive and health-improving measures for able-bodied members of society with the aim of normal reproduction of the labor force and protection of their health, etc.

Any of these needs can be realized if it is recognized by society as socially significant, that is, enshrined in law. Ignoring these needs by society will not be slow to affect its normal functioning. Another thing is that both the degree of recognition and the degree of ignoring the listed needs is connected with the economic basis of society. This is due to the fact that, by its economic nature, social security is directly or indirectly connected with the distribution and redistribution relations of society.

It should be noted that in modern society, social security has ceased to act in the form of goodwill, beneficence provided by the more affluent strata of society to its less affluent categories of citizens. It also cannot be regarded as a right-privilege of individual sections of society.

Social protection as a special social institution of the modern state is an indicator of social confidence, a social guarantee for the worthy development of each member of society and the preservation of a source of livelihood in the event of social risks.

    The main directions of social policy in

Russian Federation

Social protection is considered one of the most important directions of state policy. It supports the material and social position of each person in society. In other words, it helps those strata of the population who, due to some circumstances, cannot independently provide for their existence. The right of citizens of the Russian Federation to social protection is enshrined in the Constitution of the Russian Federation, which declared that Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The Constitution also says that every citizen of Russia 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.

Speaking more specifically about the very definition of social protection, we can say that social protection is a special type of socio-economic activity that focuses on different segments of the population. Social protection is a state policy aimed at ensuring social, economic, political and other rights and guarantees of a person, regardless of his gender, nationality, age, place of residence and other circumstances.

Social protection should provide a guaranteed intermediate minimum, the purchasing power of citizens, the protection of health, life and property. The need for social protection comes from the existence of a social need to have a system of laws in the state that will compensate for the social imperfection in the organization of the production of material goods and their distribution.

Social security is the main part of the social protection of the population. The law establishes state pensions and social pensions, voluntary social insurance, the creation of additional forms of social security and charity are encouraged.

Social protection and social security is the sphere of such universal values ​​as equality, social justice, humanism and the moral foundations of society. The Universal Declaration of Human Rights declared that every person, as a member of society, has the right to social security. The role of social security is that it is a special form of meeting certain needs in the sources of livelihood of disabled citizens and the elderly. In the Russian Federation, labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, fatherhood and childhood, state pensions, benefits and other guarantees of social protection are established.

Forms of social protection of the population can be classified on various grounds: depending on the subject-addressee of social protection:

General, aimed at the entire population.

Exceptional, provided in special cases, on the basis of special regulations, support for persons affected by natural disasters, natural and man-made disasters, and so on.

The main forms of social protection of the population are pensions, social benefits, benefits for especially needy categories of the population, state social insurance and social services.

Social protection measures can be expressed in the form of cash payments or social services. Cash payments are pensions, allowances, scholarships, subsidies, grants and compensations. Services should include both natural types of content, for example, medicines, and the beneficial effect that arose as a result of labor, as a purposeful human activity, for example, the delivery of medicines. Among the means of social protection are also advantages and benefits.

The benefits are expressed in granting citizens a primary or extraordinary right to receive a social benefit, and benefits facilitate the conditions for meeting social needs and make it free or at a reduced cost, more precisely, they release the recipient entity from the performance of any obligations. Benefits and benefits can also be extended to able-bodied citizens as an incentive.

The Constitution of the Russian Federation not only proclaims the right of citizens to social protection, but also clearly defines the ways of its implementation, this is, first of all, state insurance for workers, the creation of other funds that are sources of financing social protection of the population, as well as the adoption of federal laws guaranteeing the implementation of these rights , these are the law “On the Fundamentals of Social Services for the Population in the Russian Federation” and the law “On the Social Protection of the Disabled in the Russian Federation”.

According to the method of implementation, one can distinguish between active and passive social policy. Passive social policy involves artificial containment of prices, stabilization or growth due to this standard of living, and an increase in subsidies in all areas of social protection. But an active policy is most preferable. The main thing in it is the creation of conditions for the manifestation of initiative and an increase in the role of the state in supporting the standard of living of pensioners and children.

Provision of public social assistance carried out in two ways:

1) cash payments, that is, social benefits, subsidies, compensations and other payments;

2) in-kind assistance, and this is fuel, food, clothes, shoes, medicines and other types of natural aid.

The essence of social protection is manifested in such functions as economic, political, demographic and social rehabilitation.

The economic function is to replace earnings, income or maintenance lost due to age, disability, loss of a breadwinner; partial reimbursement of additional expenses in the event of certain life circumstances; providing minimal monetary or in-kind assistance to poor citizens.

The political function contributes to the maintenance of social stability in a society in which there are significant differences in the standard of living of various segments of the population.

The demographic function is designed to stimulate the reproduction of the population, which is necessary for the normal development of the country.

The social rehabilitation function is aimed at restoring the social status of disabled citizens and other socially weak groups of the population, allowing them to feel like full members of society.

Social protection has been and will continue to play the most important role in the development and support of society. After all, if there is no social protection, then the low-income level of the population will be on the verge of poverty. Of course, someone will be able to survive, but someone will not, these people will simply become lost to society. You can give an example, a pensioner who lives alone or a person who has fallen ill and cannot take care of himself, how will they survive without social assistance? They won't be able to survive.

The state plays an important role in organizing the social protection of the population, organizing pension services and providing benefits, social services, social assistance to families and children, preparing legislation on social protection of the population, provisions on the basics of social policy, social standards and recommendations for the development of regional social programs, ensuring foreign economic and international cooperation, analyzing and predicting the standard of living of various categories of the population.

Social protection of the population includes social security, social insurance and social assistance, consistent with social policy state, which, according to the Constitution, is aimed at creating conditions that ensure a decent life and free development of a person.

    Problems of social protection of the population in the Russian Federation

Social protection of the population is always assigned a huge role. In order to develop and prosper, the state must embody law and justice, the support of its population. The stability of society, its sustainable development, and, as a result, its national security depend on the state of the social sphere, the effectiveness of the policy pursued by the state in the field of social support for citizens. The article highlights the existing problems of social support for the population in Russia at the present stage, as well as measures to improve its effectiveness. Keywords: social support of the population, social policy, problems of social support, measures to improve the effectiveness of social assistance, priority goals of social protection.

Social support of the population is all kinds of activities that are carried out by social protection authorities as part of social policy in Russia. Such events are focused on providing assistance to certain categories of citizens who need support. They are carried out in accordance with the legislative and legal acts of the country. In the Russian Federation, there is a program called: "Social support for citizens."

It outlines the main milestones and tasks to be completed by 2020. First of all, it is the fulfillment of the obligations of our country for the social support of citizens. The second task is to meet the needs of citizens in social services. The next task is to create favorable conditions for the functioning of the institution of the family. And the last task of this program is to increase the importance of non-governmental non-profit organizations in providing social services to the population. To date, the Russian Federation has not seen the formation of sufficiently clear approaches to reforming the existing system of social protection. It should be noted that in the system that has developed in Russia, there is an extremely high role of the state. At the moment, the main problem of state social support for the population in Russia is the lack of a single federal law that could fully regulate state support for Russian families.

Currently, there is only a draft of such a Federal Law: “On the Fundamentals of State Support for the Family in the Russian Federation”, which establishes the legal basis for state support for the family, defines the goals, principles and priorities of state support for the family as an important area of ​​state social policy. Despite the fact that our state has recently taken a whole range of measures that could improve the financial situation of pensioners, families with children, the unemployed and the disabled, there are still a number of acute painful problems in the field of social security.

We should especially note the problem associated with the state and prospects for the development of the pension system. These problems are by no means limited to questions about retirement age. Various proposals are put forward for the development of the pension system by abolishing mandatory pension savings, switching to voluntary savings, which will be stimulated by the state, and so on.

The solution to these problems depends not only on the state of the country's economy, but also on a new concept pension provision. The next urgent problem is the provision of social support to people who find themselves in difficult living conditions. These people include the homeless, refugees, migrants and IDPs. To solve this problem, it is necessary, through the joint efforts of the territorial bodies of social protection with other interested services, to resolve the issues of organizing overnight stays, as well as social shelters and hotels. It is necessary to minimize cases of denial of assistance to people who are in an emergency situation. In addition, there is a problem in Russia that is associated with the provision of a number of measures of social support to the population on a categorical basis. That is, in accordance with the existing status of a citizen, which is defined by both federal and regional legislation.

So, for example, with this approach, social support measures are provided to labor veterans, home front workers, victims of political repression, as well as certain categories of rural specialists and others. The provision of other measures of social support is carried out taking into account the need, which is based on an assessment of income, property or housing needs. Most social support measures are financed from the budgets of the constituent entities of the Russian Federation. At the same time, there is a regional differentiation in the share of social support measures provided at the expense of the budgets of the constituent entities of the Russian Federation in the total number of social support measures provided.

Also, one of the problems of social support for the population is the presence of a dependent attitude among the population, as well as the lack of interest among some citizens in improving their own well-being. The Government of the Russian Federation plans to introduce some measures to improve the effectiveness of social assistance to the population until 2020:

First, it is the modernization of the labor market. Our country has relatively low unemployment. This requires more effective measures to use the available labor resources, their distribution in points of economic growth. To achieve this, it is necessary to reduce the cost of moving to new places of work, as well as to ensure the availability of infrastructure throughout the country.

Secondly, the creation of new opportunities for the development of human capital sectors, namely education and healthcare.

Third, providing families with children with intensive support. For example, maternity capital, which has become an important tool of social policy. The government has expanded the scope of its application and is extending the implementation of this program.

Fourth, continued payments monthly benefits families with many children, including subsidies for housing and communal services.

Fifthly, the elimination of the queue for land plots for large families or the provision of housing for them. The government plans to achieve this goal in three years.

Sixth, the development of a comprehensive program of assistance to the elderly. Such a program will be aimed at obtaining adequate medical care. It is necessary to update the system of support for the elderly, which must meet the needs of modern society. The structure of modern life must also provide the structure of the life of older people. Seventh, the modernization of the healthcare system, since the level of its development determines the quality of life of any citizen.

This task is quite difficult to perform. At the very least, this comes at a cost. For example, the money that was invested for last years into state-of-the-art medical equipment, on a scale larger than anything that has been done before.

Eighth, clear wording of state guarantees of free medical care. The priority is the development of primary health care, telemedicine, the introduction of a single electronic patient record.

Ninth, ensuring the availability and quality of medicines. This task is the most significant for the state. Even low-income patients need to be able to benefit from medicines. It is also necessary to increase the efficiency of the quality control system for manufactured drugs, medicines and medical equipment. In addition, on June 6, 2016, the “Action Plan of the Ministry of Labor and Social Protection of the Russian Federation for 2016 and the planning period until 2021” was released, which identified five priority goals aimed at solving the tasks set for the state. Decent work, fair pay. Decent pension for long conscientious work. Improvement of the demographic situation. Social protection will come closer to the person. The state civil service should become open and professional.

Thus, we can conclude that in our state there are a sufficient number of problems associated with social support for the population. However, ways to solve these problems have already been outlined. State on this moment focuses on the social sphere of our country, because this sphere is the most important for the population. It gives a person confidence in his state, a sense of calmness and a desire to develop and help his country "move forward."

Conclusion

The most important attribute of the democratic model of social protection of the population is its multisubjectivity and polyformity of economic foundations, which are provided by the institutions of civil society, voluntary, informal efforts, corporate structures, and religious denominations. Non-state subjects of social protection, with their economic foundations and creative potential, should be fully integrated into the social protection system of Russia.

The activity of the "third sector" limits the monopoly of the government bodies of social protection, so its initiatives are often met with resistance. At the same time, many types and forms of social protection, especially at the local level, can be implemented by non-state actors more efficiently and with significant cost savings, for example, on a competitive basis in the execution of state, municipal social orders, etc.

The system of social protection of the population has a decisive dependence on the economy. It is in this area that resources are formed that are redistributed to social policy. In this regard, it is very important to significantly reduce the volume of the shadow economy, including the shadow labor market. “Optimization”, or even just tax evasion, unofficial and unaccounted wage payments significantly reduce the level of social guarantees for workers and worsen the economic opportunities for financing state off-budget social funds.

In the sphere of economics, the self-realization of the individual as an economically independent, self-supporting subject takes place. Therefore, effective employment, the growth of national production, the restoration of the reproductive and stimulating function of wages, and the growth of real incomes are the best shock absorbers for the negative effects of social risks on workers. Undoubtedly, only with a significant increase in real incomes of the entire population, stabilization of the mechanisms and institutions of social insurance, expansion of the participation and responsibility of non-state actors in the social protection system, an increase in the scope of functions performed by civil society structures, and ensuring the self-realization of the individual, we will be able to build our own system of social protection. of the population is quite effective and meets the Russian socio-culture and traditions.

LIST OF USED LITERATURE

    Constitution of the Russian Federation of 12/12/1993 (as amended on 07/21/2014).

    Address of the President of the Russian Federation to the Federal Assembly in 2016.

    Article “On the results of the analysis of the socio-economic consequences of the implementation of social support measures for the population by the constituent entities of the Russian Federation in accordance with the Federal Law of August 22, 2004 No. 122-FZ (“Law on the monetization of benefits”)” of the analytical center under the Government of the Russian Federation.

    Article by D. A. Medvedev from 2016 "Socio-economic development - the acquisition of new dynamics." Official website of the State social support of citizens: [Electronic resource]. Access mode: - "http://www.socialnaya-podderzhka.ru/formy_socialnoj_podderzhki/".

    Official site of the journal "Economic Issues": [Electronic resource]. - Access mode: - http://www.vopreco.ru/ (date of access: 03.03.2017). Official website of the Ministry of Labor and Social Protection: [Electronic resource]. — Access mode: — http://www.rosmintrud.ru/ministry/programms/3/2.

    Official website of the Government of Russia: [Electronic resource]. — Access mode: — http://government.ru/.

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The article studies the theoretical aspects of the problem of social security from the point of view of the concept of "welfare state". In socio-philosophical literature, the problem of conjugation of the social security system and the economic opportunities of the state has not received sufficient coverage. The authors defend the idea of ​​the need to abandon the minimization of the role of the state in favor of its increase in the redistribution of material wealth, observing the principle of social justice. In this regard, the experience of European countries is given in implementing the concept of "state welfare", which, changing in search of an optimal model of economic development, offers an acceptable ratio of market principles and social security mechanisms. Justifying the need to abandon the liberal concept in favor of state regulation of the economic sphere, the emphasis is on ensuring the synchronism of the basic directions of the ongoing reforms in all areas, and this aspect of Russian transformations is seen as the initial stage and a decisive condition for balancing market principles and the social security system.

optimal balance

social risk

liberal economy

quality indicator

adaptation

stratification of society

social structure

social welfare

social Security

1. Volker A. Principles of development of the European social model: minimum standards or social quality / World of Change. 2008, No. 1. S. 72.

2. Erakhtin A.V. Is civil society possible in Russia? Bulletin of the Russian Philosophical Society. 2010, No. 4. S. 76.

3. The Constitution of the Russian Federation. M., 1993. S. 6.15.

4. Lukasheva E.A. European Models of Social Quality: Parameters for the Modernization of the Welfare State. / Constitutional rights and freedoms of the individual in the context of interaction between civil society and the state. - M., 2010. S. 29.

5. Pipes G. Property and freedom. M., 2000. S. 269–270.

6. Social security law: textbook / Ed. Gusova K.N. M., 2001. S. 10

7. See: The Concept of the Welfare State (Discussions in Western Literature in the 1980s). Abstract collection, Ch. 1, M., 1988.

8. See: Kutafin O.E. Russian constitutionalism. M., 2008. S. 342.

9. Tuchkova E.G. On the issue of criteria for differentiation in social security. Materials of the fifth International scientific and practical conference "Problems of differentiation in the legal regulation of relations in the field of labor and social security." M., 2009. P.401.

10. Feoktistov A.V. Problems of implementation of social rights in Russia / Constitutional rights and freedoms of the individual in the context of interaction between civil society and the state. M., 2010. S. 405.

11. Chirkin V.E. Civil society, the state and socio-economic rights (elements of interconnection) / Constitutional rights and freedoms of the individual in the context of interaction between civil society and the rule of law. M., 2010. S. 90.

The scientific development of the problems of social security in modern society is of great scientific and practical importance. The content and mechanism of implementation of the institution of social security has always attracted the attention of researchers. However, many aspects of the formation of the social security system, the use of funds, the legal foundations of the system itself have not yet received sufficient coverage. In this regard, the authors set the task of updating the problems of social security, its place in the concept of a legal social state. The emphasis is on the issues of ensuring a fair redistribution of funds as an indispensable condition for the effective functioning of the social security system in society.

The content of the concept of social security, its parameters were formed gradually as the social security system itself developed in Russian society. It directly depends on the development of the economy and is closely related to politics and the social well-being of both working and non-working segments of the population. Without the effective functioning of social security, there can be no stability and progress in society. In this regard, the study of the mechanism of formation of the social security system, the identification of trends and contradictions in the operation of this mechanism are of great scientific and practical importance. It is important to study the process of developing and adopting laws, government programs and decisions, identify factors that influence the formation of state policy in the field of social security.

The complexity of solving this scientific problem is largely related to the practical processes taking place in the social sphere. It is known that the development of a society is accompanied by the accumulation in its social structure of such changes, which ultimately lead to qualitative shifts, the emergence of new social communities, to a change or replacement of the former ones. As a result, the social structure is becoming more and more diverse. This process, as a rule, provides society with flexibility, stability and the possibility of further development. In modern Russian society, the policy of property differentiation, which stratified society into the super-rich and the disadvantaged, did not lead to the progressive development of the social structure and did not contribute to the emergence of homogeneous social strata. There is no mechanism for harmonizing the interests of members of society, differing in the level and quality of life. Particularly in a difficult situation were the weakly socially protected categories of the population: the disabled, pensioners, large families, orphans, single people. These processes leave their mark on the legal regulation of the social security system, each time dictating the need for its improvement.

The right of citizens of the Russian Federation to social protection is enshrined in the Constitution of the Russian Federation, 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 a person. This provision is specified in Art. 39 of the Constitution, according to which everyone is guaranteed social security in case of incapacity for work or in other cases established by law.

In this regard, it should be noted that in modern Russia the social security system, like society itself, is going through transition period. The concept of social security, as well as social protection of the population as a whole, in relation to new political and economic conditions, is constantly in the process of modification and improvement. On many of its provisions, there is no consensus among experts. The new system was formed on the basis of concepts and programs approved by the state. However, the economic crisis does not allow them to be implemented in full, so the transformations are carried out in parts, depending on their priority for the future functioning of the system as a whole.

The current stage is characterized by active legal regulation of social security relations, aimed at the gradual transformation of the social security system in order to integrate it organically into the structure of new economic relations and mitigate the process of adaptation of socially weak categories of the population to them.

As foreign experience shows, one of the most promising areas in solving the problems of social security in the current conditions of Russia is to achieve a balance between the economic capabilities of the state and the content of social security for citizens. In many ways, it is determined by the current state of the country's economic system and the social content of the ongoing reforms. From this follows the obligation of the state to protect social human rights, to help those who cannot independently ensure their existence in society. This help should come from those members of society who turned out to be the most prepared for life in this society.

In modern Russian society, the state is not the exclusive owner of the means of production. This causes a special model of the welfare state, within which it is difficult to build a fair ratio of market principles and state social support. Nevertheless, the redistribution of manufactured products to protect vulnerable segments of the population is the fulfillment of the constitutional obligation of the state and the measure of its social essence. Experts rightly emphasize that "the main task of the state is the fair redistribution of benefits, the provision of services and ensuring the rights of disadvantaged segments of the population" . However, in our opinion, the liberal concept of the socio-economic development of society does not contribute to the solution of this problem. In Russia, there is an unjustified disproportion in the material provision of citizens. According to the materials of the Accounting Chamber, 71% of the country's inhabitants own only a little more than 3% of the property, while 5% of the wealthy took possession of 72.5% of the property. It is impossible to talk about positive social dynamics with a five-fold excess of labor exploitation norms relative to countries Western Europe. The low share of state participation in the redistribution of the created gross product has led to wages that are many times lower than the wages of many European countries. As can be seen, the main indicators of social quality in Russian reality emphasize the unsettledness of the most important conditions for a person's social security. As a result, there is a clear contradiction between the social essence of the state and constitutional obligations. Under such conditions, it is difficult for the state to realize the balance of economic opportunities and the volume of guaranteed social benefits.

Note that the desire to balance market principles and the state social security system has always been the central policy of almost all European countries, especially those countries that adhere to the concept of the "welfare state". This concept, according to scientists, was constantly changing in search of an acceptable model of economic development and new essential features of the nature of the welfare state, put forward by real practice. E.A. Lukasheva rightly notes: “... the welfare state is not static. Being in constant motion, in continuously changing conditions, the concept of a welfare state needs constant revision and adaptation. At the same time, the need to continue the confrontation between the supporters of the concept of the “welfare state” and those who defend the liberal concept of the need to “limit as much as possible the social activities of the state and the circle of persons subject to social protection” is emphasized. The arguments of the opponents of the concept of a "socially responsible state" lie in defending the neoliberal nature of the economy in the context of globalization, in which the role of the state should be minimized.

Let us note that this trend of the priority of the liberal economy generally characterizes the situation in Russian society. Meanwhile, even specialists who are far from the concept of a “welfare state” criticize the neoliberal model of economic development. For example, A. Volker, the creator of the European Social Quality Fund, in his criticism notes that in the context of neoliberal globalization, “global competition means that taxes and social spending should be reduced and that the traditional formula for the well-being of society is not suitable for a world in which instability and differentiation are norm of life". Despite such a confrontation between the two concepts, according to experts, the leading European states are striving to balance market principles and state social support.

For Russia, this problem has much deeper roots. European countries have been moving towards the implementation of the concept of a welfare state for centuries, constantly adjusting it under the pressure of social movements. In Russia, this problem is still far from being formulated. In Russian society, the problem of balancing economic development and state social support concerns another aspect - ensuring the synchronism of the basic directions of reforms: economic, social, cultural. Without solving this problem, it is impossible to ensure a balance between economic development and state social support. The need to ensure the synchronous development of key areas of reform is dictated by the logic and scale of social transformations in line with a democratic system, which modern Russia claims. In addition, providing harmonious development of all spheres of society fits into the context of the national idea put forward by the head of state - the creation of the country's competitiveness. After all, “competitiveness” implies not only an economic aspect. Equally important are the social, intellectual and cultural components. In order to implement the nationwide idea of ​​potential, Russia has enough, if only it would have the desire to use the intellectual power and own resources of the people and ensure the synchronism of the factors that unite the idea of ​​“competitiveness”. It is clear that this is the prerogative of the state. In today's globalizing world, Russia is able to overcome the maturing social trends only by increasing the share of state-owned means of production and the responsibility of the state for creating regulatory mechanisms that introduce market relations into a civilized framework. Since the state is intended to express national interests, society cannot do without state regulation of the development of economic sectors. “Even at the time of the highest flowering of economic freedom,” writes G. Pipes, “the government everywhere interfered in economic and social affairs in one way or another: an inactive state is a concept as mythical as primitive communism.” The regulatory role of the state will be a decisive factor in strengthening the material foundations of society and, on this basis, in creating an effective social security system.

Under these conditions, there is an increasing need to find the optimal balance of free enterprise, private initiative and social justice, and the social obligations of the state to the individual. Some authors see the main reason for the inefficiency of the social security system in the unfair distribution of property created by the whole people, which ended up in the hands of a small circle of people. In view of the fact that, by their economic nature, social security relations are relations for the redistribution of created material wealth in favor of people at social risk, then the material resources allocated by the state for these purposes should be determined based on the economic capabilities of the state. At the same time, it should be noted that a state, even an economically developed one, is not able to fully satisfy the diverse needs of people. Based on this, "... the volume of social benefits provided through the social security system is strictly standardized by legislatively fixing the range of provided, types of security, conditions for their provision and size" . Such rationing is considered to be an important mechanism by which the whole system works to achieve the goal of improving the well-being of the population. The effectiveness of the functioning of the system depends on how scientifically substantiated and socially fair it is.

In this regard, the concept of social security as a category of universal human value acquires great theoretical significance. Social security is a form of distribution of material goods not in exchange for labor expended, but in order to meet the vital personal needs of the elderly, the sick, the disabled, children, the unemployed, all members of society and ensure the normal reproduction of the labor force. This definition is universal and reflects the essence of social security, regardless of the specific historical conditions in which it is organized. It is based on such stable features as objective grounds that cause the need for a special mechanism of social protection, sources of social security, rules for the provision of social security, enshrined in social and legal norms. In science, social security is usually understood as a form of expression of the social policy of the state, aimed at providing material support for certain categories of citizens from the budget and special off-budget state funds in order to equalize the social status of citizens compared to other members of society. Based on this definition, the social security system should include all types of pensions, benefits, compensations, social services, medical care and treatment, as well as various benefits for certain categories of citizens. Within the framework of different organizational and legal forms, different types social security.

Summing up, we note that the institution of social security is a set of social relations for the redistribution of material wealth in favor of creating conditions for social stability in society and meeting the needs and interests of a person. In the process of life, each person is in danger of the onset of circumstances for the loss of the ability to self-sufficiency, the loss of sources of livelihood. In many cases, it is impossible to overcome them on your own, since they are predetermined by objective socio-economic conditions, are closely related to production activities, and practically do not depend on the will of an individual. But they directly affect the social stability of society, so the state assumes a certain share of responsibility, creating a social security system that is acceptable at this stage of development of society.

Reviewers:

Kilberg-Shakhzadova N.V., Doctor of Philology, Professor of the Department of Theory and Technology social work KBGU, Nalchik;

Shevlokov V.A., Doctor of Philosophy, Professor of the Department of Philosophy, KBSU, Nalchik.

Bibliographic link

Khubiev B.B., Nafedzova L.Z., Tedeeva T.V. THE PROBLEM OF SOCIAL SECURITY IN THE CONTEXT OF THE NATURE OF THE WELFARE STATE (TO THE THEORY OF THE QUESTION) // Contemporary Issues science and education. - 2015. - No. 1-1 .;
URL: http://science-education.ru/ru/article/view?id=19192 (date of access: 01.02.2020). We bring to your attention the journals published by the publishing house "Academy of Natural History"