Directions of activity of local social protection authorities. Chapter I. State bodies for social protection of the population Personnel support for the educational process

Organizational support for the activities of social protection institutions and bodies of the Pension Fund of the Russian Federation

Edition 1

V. P. Shcheglov

Editor Sergey Petrovich Lapin

Editor Antonina Andreevna Chistova

Corrector Sergey Petrovich Lapin

© V. P. Shcheglov, 2017

ISBN 978-5-4474-3103-7

Created in the intellectual publishing system Ridero

General concept of social protection and social security

Plan

1) The concept of social protection;

2) The concept of social security

3) Social relations related to social security.

1) The concept of social protection

Russian legislation lacks established concepts of social protection and social security. Therefore, it is first necessary to determine the content of these concepts, which will allow us to correctly represent the social security system and its essence.

The combination of the concepts “social” and “protection” suggests that social protection is understood as a complex of various measures with the help of which a person “defends himself” from the adverse effects of the surrounding world. Russia, as a social state, must take all possible measures to create favorable conditions for the life of its citizens, i.e. create a favorable living environment. The concept of “human environment” includes:

1) Ensuring employment of citizens;

2) Creation of normal working conditions;

3) Decent wages;

4) Providing comfortable housing;

5) Creation of a favorable economic environment;

6) Providing healthy nutrition;

7) Access to education and cultural values;

8) Health protection;

9) Preservation of private property;

10) Providing citizens with social support in the event of unfavorable life circumstances.

Article 7 of the Constitution tells us that the purpose of social protection is guaranteed labor protection, the health of citizens, the minimum wage (minimum wage), the support of motherhood and childhood, the disabled and the elderly, the payment of pensions and benefits, and the provision of other social guarantees.

In relation to the current situation in Russia, a generalized definition of social protection can be formed as follows: social protection is a set of economic, legal and organizational measures that the state addresses to able-bodied and disabled citizens who find themselves in difficult life situations that they cannot overcome on their own, and aimed for their material support, providing them with all possible assistance, and support at a level that must meet the requirements of a decent life.

Social protection of the population is a complex of various social relations:

– Labor;

– Housing;

– Educational;

– Environmental;

– Health protection;

– Family;

– On social security.

The concept of “social security” is an integral part of the concept of “social protection”, i.e. “social protection” is a broader concept than “social security”.

2) The concept of social security and its structure

Modern literature contains the following definition of the concept of “social security”.

Social security is a form of state social policy aimed at providing material support for categories of citizens specified by law from the federal budget and special extra-budgetary funds in the event of events recognized by the state as socially significant.

Social security has a number of characteristics according to which security is recognized as social:

1 sign: special social relations arising in the social sphere. They are formed between citizens and the relevant competent authorities in the following cases:

1) Upon citizens reaching a certain age, due to illness, disability, loss of a breadwinner, raising children, unemployment, etc.

Such relations arise with the above-mentioned subjects in these cases and are called material relations. In the course of their implementation, citizens are provided with material benefits with the help of which they satisfy their individual needs. Providing the said benefit to a citizen in cash or in kind - in the form of pensions, benefits, social services.

2nd sign: in accordance with this sign, social security is that it is provided at the expense of various financial sources.

The main financial source is the state budget. The second most important source is off-budget government funds. Third are the budgets of the constituent entities of the Russian Federation (Russian Federation) and municipal budgets.

Sources of funds for federal, regional and municipal budgets are taxes and fees.

Sources of funds for extra-budgetary insurance funds are insurance premiums and subsidies from the budget.

Funds from federal budgets, regional budgets and municipal budgets are spent on social security:

1) Citizens performing important government functions (military personnel, law enforcement officers, civil servants);

2) Citizens who have served the state or suffered through the fault of the state (participants and veterans of the Second World War (Great Patriotic War), blockade survivors, awarded orders and medals, Chernobyl survivors, etc.);

3) Disabled citizens and families (children, orphans, disabled people, low-income families, large families and foster families).

Money from extra-budgetary insurance funds is spent depending on the specialization of the fund. These funds are: Pension Fund (PF, Pension Fund, Pension Fund of the Russian Federation, Pension Fund of the Russian Federation), Social Insurance Fund (FSS), Mandatory Medical Insurance Fund (MHIF).

Money from these funds is directed to:

– Pension Fund (PF) – payment of pensions;

– Funeral benefits for deceased pensioners;

Social Insurance Fund (SIF) - for benefits, sanatorium and resort treatment, keeping children in health camps;

Compulsory Health Insurance Fund (MHIF) - for the provision of free medical care and treatment.

3 sign; special subject composition, i.e. circle of persons subject to security. This includes: children, women, pensioners, disabled people, the unemployed, large families, and foster families.

4th sign: it is guaranteed. It means that the state legislatively, organizationally and economically provides all types of social security with the necessary means.

Feature 5: in accordance with this feature, various types of social security (social security) are provided only upon the occurrence of appropriate circumstances specified in the law.

6th sign: the purpose of its provision. The main goal of each type of social security (social security) is to equalize the social status of certain categories of citizens with other members of society.

3) Social relations related to social security

The totality (listed in paragraph 2 of Topic No. 1) of signs indicates the existence of several groups of social relations related to social security, which have their own characteristics.

1st group of features – relations to directly provide citizens with appropriate types of social security at the expense of special funds allocated for these purposes. In the course of the functioning of these relations, the rights of citizens to pensions, benefits, compensation payments, social services, medical care, benefits, and social assistance are realized. Legal norms regulating relations for the provision of the listed types of social security collectively constitute social security law (PSL).

2nd group of features – relations for the formation of financial resources aimed at social security. The participants in these relations are competent government bodies, eligible organizations, employers, and in some cases citizens themselves. These relations are regulated by financial law.

The 3rd group of features is relations regarding the organization of social security management. These organizational relations in the field of social security arise between competent authorities and organizations and are regulated by administrative law.

Social security management concept

Social protection in the territory of a certain city is carried out by the Department of Social Protection of the Population of that city. In its activities, the Department is subordinate to the head of the district administration, the department of health and social development of the region and region.

The legal basis for the activities of the Department is the Constitution of the Russian Federation, Federal laws, laws of a certain region, territory, decrees and orders of the President of the Russian Federation, decrees of the Government of the Russian Federation, the Charter of the region, territory and a certain city, acts of other government bodies of the Russian Federation and a certain region, territory, decisions of the city administration , resolutions and orders of the head of the city and district.

The department is headed by a chief appointed to the position and dismissed from it by order of the head of the district administration.

The head of the Department has a deputy, who is appointed and dismissed by order of the head of the district administration on the proposal of the head of the Department, the deputy head-chief of the administration apparatus and in agreement with the department of health and social development of a certain region or territory.

Other employees of the Department are appointed and dismissed by the head of the administration on the proposal of the head of the Department, deputy head-chief of the administration apparatus.

The Department carries out its main tasks and functions in accordance with the Regulations on the Department of Social Protection of the Population of a particular city.

The main objectives of the Department are:

• 1. Organization of social protection of elderly citizens, war and labor veterans, disabled people, citizens dismissed from professional military service and members of their families, families of military personnel who died in the performance of military service, family protection, motherhood, paternity and childhood, and other groups of the population, those in need of social support.
• 2. Participation in the development and implementation of social protection programs for the population in the district.
• 3. Organization of social security for citizens, families with children.
• 4. Carrying out activities for material and everyday services for elderly citizens, disabled people and families with children. Development of charitable activities of organizations, institutions and enterprises to attract extra-budgetary funds to strengthen the material and technical base of the social protection system and finance social support programs.
• 5. Organization of work to coordinate the activities of the social service center and public organizations.
• 6. Organization and introduction into the social protection system of the population of the region of modern unified information technologies developed by the Ministry of Health and Social Development of a certain region or region.
• 7. Ensuring control over the targeted and economical use of budget funds intended for the payment of benefits and compensation in accordance with funding sources.
• 8. Monitoring the activities of providing social services in the municipal and non-state sectors in the jurisdictional territory.

Organization of social security for citizens, families with children:

• - ensuring modern and correct assignment, calculation and payment of benefits and compensation.
• - monitoring the reimbursement of expenses for medical, household, transport, housing and communal services and other types of services for disabled people, veterans and other categories of persons, and the implementation of benefits by citizens provided for by current legislation.
• - further improvement of the procedure for assigning, calculating and paying benefits and compensations based on the use of modern computer technology and improving the professional skills of employees.

Carrying out activities for material and everyday services for elderly citizens, disabled people and families with children.

• - improving the procedure for identifying, recording, material and everyday examination of persons in need of social support based on the use of modern means.
• - providing targeted assistance to citizens in need.
• - organization of social services for pensioners, war and labor veterans, disabled people, families with children and other groups of the population.
• - ensuring the quality and accessibility of social services.

In accordance with the assigned tasks, the Department carries out the following functions:

• a) in the field of social services:
  • - draws up documents for the placement of elderly citizens, disabled people, and disabled children in the appropriate state boarding homes;
  • - provides assistance to ensure social protection of citizens who find themselves in extreme situations, including persons without a fixed place of residence or occupation, refugees, and internally displaced persons;
  • - coordinates the activities of social service institutions located in the district and provides them with organizational and methodological assistance;
  • - conducts receptions of citizens on issues of social protection of the population.
• b) in the field of rehabilitation of disabled people:
  • - implements programs for social support of disabled people;
  • - draws up documents to provide disabled people with special vehicles;
  • - provides assistance to public associations of disabled people in their activities, in matters of improving the social status of disabled people;
  • - makes proposals for the creation and improvement of the activities of institutions for medical, social and professional rehabilitation of disabled people;
• c) in the field of social support for elderly citizens, veterans and other categories of citizens:
  • - exercises, within its competence, control over the implementation of social guarantees for those in need of social support established by current legislation for senior citizens and veterans and other preferential categories of citizens;
  • - coordinates the work of public organizations in improving the social situation of war and labor veterans, citizens affected by the Chernobyl nuclear power plant disaster, and other socially vulnerable groups of the population in need of social support;
  • - provides sanatorium and resort treatment to preferential categories of citizens;
  • - carries out registration of documents giving the right to use benefits in accordance with the law;
  • - carries out the appointment and payment of social benefits and compensations provided for by law;
• d) in the field of social support for family, motherhood, and childhood:
  • - implements programs to improve the situation of families, women and children, aimed primarily at providing support to those most in need;
  • - assigns and pays one-time and monthly benefits for children;
  • - implements measures aimed at creating conditions for social adaptation and integration into society of children with disabilities;

In accordance with the tasks and functions assigned to it, the Department has the right: social security for the elderly disabled

• 1. Request and receive, in the prescribed manner, from enterprises, institutions, organizations, regardless of their organizational and legal forms and departmental subordination, the material necessary to resolve issues within its competence.
• 2. Conduct meetings, seminars, meetings, organize exhibitions and other events on issues within his competence.
• 3. Involve specialists on a contractual basis to solve problems within its jurisdiction.

The Department of Social Protection of the Population organizes its activities in accordance with plans drawn up on the basis of long-term and current work plans of the district administration as a whole.

The department, in accordance with current legislation, is responsible for the correct and accurate performance of the functions assigned to it.

Let us consider the largest functional divisions of the Social Protection Department.

1) The group for the appointment and payment of state benefits for children to citizens with children, if their average per capita income does not exceed the subsistence level.

The main tasks and functions of the group for the appointment and payment of state benefits for children are:

• - implementation of state policy of social guarantees and social support for families with children;
• - implementation of city programs for social support of families with children;
• - explaining in the media to low-income citizens with minor children measures aimed at maintaining the living standards of their families;
• - implementation of measures for the practical implementation of state policy in the social sphere.

In accordance with the tasks assigned to the department, its specialists:

• - carry out work on the appointment and payment of monthly benefits for children, lump sum payments at the birth of a child, monthly compensation to women with children, dismissed due to the liquidation of an enterprise, maternity benefits to women who have lost their jobs and earnings and are recognized as unemployed in the prescribed manner;
• - receive citizens, provide advice on the appointment and payment of state benefits for children.

The group is headed by a leading specialist - group leader, who is appointed and dismissed by the head of the district administration. He distributes responsibilities among specialists in the group, organizes work in the group within the framework of his concept, draws up instructions and is personally responsible for the implementation of the functions assigned to the group.

2) Group for the appointment and payment of social benefits, benefits and compensation

The Group ensures the implementation of social guarantees and measures of social support for elderly citizens, veterans and disabled people, provided for by current legislation.

In accordance with the assigned tasks, the group performs the following functions:

• - conducts consultations with citizens regarding the appointment and payment of social benefits, benefits and compensation;
• - assigns and pays the following types of social benefits, benefits and compensation:
  • a) citizens exposed to radiation as a result of the accident at the Chernobyl nuclear power plant:
    • - monetary compensation in the amount of the average cost of the trip;
  • - monetary compensation for children and adolescents in the amount of the average cost of a trip to health camps (general and sanatorium type) and other health institutions;
  • - payment of travel costs to the place of treatment;
  • - payment of fares on intercity transport;
  • - payment of 50% of the fare on intercity transport;
  • - one-time compensation for harm to health of disabled people;
  • - annual compensation for damage to health;
  • - one-time financial assistance for recovery;
  • - compensation for the purchase of food products;
  • - funeral benefit;
  • - monthly monetary compensation for damages caused to health;
  • - monthly monetary compensation for damages to the family of a deceased disabled person;
• b) veterans of the Great Patriotic War, disabled people who received wounds, contusions or mutilations as minors during the Great Patriotic War, former minor prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis and their allies during the Great Patriotic War:
  • - compensation for unused vouchers for sanatorium-resort treatment;
  • - compensation for transport services and operating costs;
  • - preparation of documents for receiving a free car;
  • - registration of certificates of the right to benefits provided for by law.
• c) disabled people:
  • - monetary compensation for operating costs;
  • - registration of disabled people in the Rehabilitation Center;
  • - sending disabled children to study;
  • - issuing sheets of coupons for travel on international modes of transport to disabled people.
• d) victims of political repression:
  • - payment of fares on intercity transport;
  • - compensation for illegally confiscated property;
  • - one-time monetary compensation; reimbursement of funeral expenses.
• e) citizens discharged from military service: monetary compensation for the rental of residential premises;
• f) low-income families, low-income single citizens, pensioners: targeted assistance in the form of cash payments;
• g) material assistance to the families of those killed in local conflicts.

The group leader distributes responsibilities among specialists, organizes the work of a group of specialists, coordinates and controls the activities of institutions within his competence, and gives instructions that are mandatory for all specialists in the group.

Task.

In the Borisov family, father Igor Ivanovich dies. He leaves behind his wife Olga Petrovna and son Ivan, 12 years old.

• 1. What pension will Igor Ivanovich’s son receive?
• 2. In what case will son Ivan receive a social pension in the event of the loss of a breadwinner?
• 3. Is it necessary to prove that son Ivan was dependent on his father?
• 4. Where should Olga Petrovna go and what documents should she provide to receive a pension in the event of the death of the child’s father?

Answer.

1. According to Art. 10 of the Federal Law of December 28, 2013 No. 400-FZ (as amended on December 29, 2015) “On Insurance Pensions”, children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18 years are recognized as disabled members of the family of the deceased breadwinner.

Thus, Igor Ivanovich’s son will receive an insurance pension for the loss of a breadwinner.

• 2. In accordance with the Federal Law of December 15, 2001 N 166-FZ “On State Pension Provision in the Russian Federation”, in the event of a complete absence of insurance coverage for the deceased insured person, a social pension in the event of the loss of a breadwinner is established.
• 3. According to paragraph 3 of Art. 9 Federal Law of December 17, 2001 N 173-FZ (as amended on December 28, 2013, as amended on November 19, 2015) “On Labor Pensions in the Russian Federation”, family members of the deceased breadwinner are recognized as dependent on him if they were on his full maintenance or received help from him, which was for them a constant and main source of livelihood. This means there is no need to prove that son Ivan was dependent on his father
• 4. In order to assign a pension in the event of the loss of a breadwinner, you must contact the Pension Fund of the Russian Federation. You must contact the Pension Fund at your place of registration or place of actual residence.

To apply for a pension, you must submit an application. Also attached to the application is a document proving identity, place of residence, age, citizenship; usually a passport is provided for these purposes. It is also necessary to provide the Pension Fund of the Russian Federation with a death certificate of the breadwinner; a copy of the work book or other document confirming the insurance record of the deceased; a certificate of the average monthly salary of the deceased for the period, which should be clarified with the Pension Fund to which the documents are submitted. Another of the main documents are documents confirming the fact of relationship with the deceased citizen, the child’s birth certificate, and if the child is already a full-time student, then a certificate from the given educational institution.

Normative legal acts

• 1. Federal Law of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation.”
• 2. Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”

Current page: 1 (book has 9 pages in total) [available reading passage: 7 pages]

Organizational support for the activities of social protection institutions and bodies of the Pension Fund of the Russian Federation
Edition 1
V. P. Shcheglov

© V. P. Shcheglov, 2015

Editor Sergey Petrovich Lapin

Editor Antonina Andreevna Chistova

Corrector Sergey Petrovich Lapin

Created in the intellectual publishing system Ridero.ru

Topic 1
General concept of social protection and social security

Plan

1) The concept of social protection;

2) The concept of social security

3) Social relations related to social security.

1) The concept of social protection

Russian legislation lacks established concepts of social protection and social security. Therefore, it is first necessary to determine the content of these concepts, which will allow us to correctly represent the social security system and its essence.

The combination of the concepts “social” and “protection” suggests that social protection is understood as a complex of various measures with the help of which a person “defends himself” from the adverse effects of the surrounding world. Russia, as a social state, must take all possible measures to create favorable conditions for the life of its citizens, i.e. create a favorable living environment. The concept of “human environment” includes:

1) Ensuring employment of citizens;

2) Creation of normal working conditions;

3) Decent wages;

4) Providing comfortable housing;

5) Creation of a favorable economic environment;

6) Providing healthy nutrition;

7) Access to education and cultural values;

8) Health protection;

9) Preservation of private property;

10) Providing citizens with social support in the event of unfavorable life circumstances.

Article 7 of the Constitution tells us that the purpose of social protection is guaranteed labor protection, the health of citizens, the minimum wage (minimum wage), the support of motherhood and childhood, the disabled and the elderly, the payment of pensions and benefits, and the provision of other social guarantees.

In relation to the current situation in Russia, a generalized definition of social protection can be formed as follows: social protection is a set of economic, legal and organizational measures that the state addresses to able-bodied and disabled citizens who find themselves in difficult life situations that they cannot overcome on their own, and aimed for their material support, providing them with all possible assistance, and support at a level that must meet the requirements of a decent life.

Social protection of the population is a complex of various social relations:

– Labor;

– Housing;

– Educational;

– Environmental;

– Health protection;

– Family;

– On social security.

The concept of “social security” is an integral part of the concept of “social protection”, i.e. “social protection” is a broader concept than “social security”.

2) The concept of social security and its structure

Modern literature contains the following definition of the concept of “social security”.

Social security is a form of state social policy aimed at providing material support for categories of citizens specified by law from the federal budget and special extra-budgetary funds in the event of events recognized by the state as socially significant.

Social security has a number of characteristics according to which security is recognized as social:

1 sign: special social relations arising in the social sphere. They are formed between citizens and the relevant competent authorities in the following cases:

1) Upon citizens reaching a certain age, due to illness, disability, loss of a breadwinner, raising children, unemployment, etc.

Such relations arise with the above-mentioned subjects in these cases and are called material relations. In the course of their implementation, citizens are provided with material benefits with the help of which they satisfy their individual needs. Providing the said benefit to a citizen in cash or in kind - in the form of pensions, benefits, social services.

2nd sign: in accordance with this sign, social security is that it is provided at the expense of various financial sources.

The main financial source is the state budget. The second most important source is off-budget government funds. Third are the budgets of the constituent entities of the Russian Federation (Russian Federation) and municipal budgets.

Sources of funds for federal, regional and municipal budgets are taxes and fees.

Sources of funds for extra-budgetary insurance funds are insurance premiums and subsidies from the budget.

Funds from federal budgets, regional budgets and municipal budgets are spent on social security:

1) Citizens performing important government functions (military personnel, law enforcement officers, civil servants);

2) Citizens who have served the state or suffered through the fault of the state (participants and veterans of the Second World War (Great Patriotic War), blockade survivors, awarded orders and medals, Chernobyl survivors, etc.);

3) Disabled citizens and families (children, orphans, disabled people, low-income families, large families and foster families).

Money from extra-budgetary insurance funds is spent depending on the specialization of the fund. These funds are: Pension Fund (PF, Pension Fund, Pension Fund of the Russian Federation, Pension Fund of the Russian Federation), Social Insurance Fund (FSS), Mandatory Medical Insurance Fund (MHIF).

Money from these funds is directed to:

– Pension Fund (PF) – payment of pensions;

– Funeral benefits for deceased pensioners;

Social Insurance Fund (SIF) - for benefits, sanatorium and resort treatment, keeping children in health camps;

Compulsory Health Insurance Fund (MHIF) - for the provision of free medical care and treatment.

3 sign; special subject composition, i.e. circle of persons subject to security. This includes: children, women, pensioners, disabled people, the unemployed, large families, and foster families.

4th sign: it is guaranteed. It means that the state legislatively, organizationally and economically provides all types of social security with the necessary means.

Feature 5: in accordance with this feature, various types of social security (social security) are provided only upon the occurrence of appropriate circumstances specified in the law.

6th sign: the purpose of its provision. The main goal of each type of social security (social security) is to equalize the social status of certain categories of citizens with other members of society.

3) Social relations related to social security

The totality (listed in paragraph 2 of Topic No. 1) of signs indicates the existence of several groups of social relations related to social security, which have their own characteristics.

1st group of features – relations to directly provide citizens with appropriate types of social security at the expense of special funds allocated for these purposes. In the course of the functioning of these relations, the rights of citizens to pensions, benefits, compensation payments, social services, medical care, benefits, and social assistance are realized. Legal norms regulating relations for the provision of the listed types of social security collectively constitute social security law (PSL).

2nd group of features – relations for the formation of financial resources aimed at social security. The participants in these relations are competent government bodies, eligible organizations, employers, and in some cases citizens themselves. These relations are regulated by financial law.

The 3rd group of features is relations regarding the organization of social security management. These organizational relations in the field of social security arise between competent authorities and organizations and are regulated by administrative law.

Topic 2
Social security management concept

Plan:

1) The concept of management;

2) General administration of social security;

3) Operational management of social security.

1) Concept of management

In common usage, "management" has several meanings:

a) Activities of government bodies;

b) A large division of an institution, a large administrative institution;

c) Manage.

The term "manage" means:

a) Direct the movement of someone or something;

b) Lead, direct the activities, actions of someone, something.

Therefore, control is a purposeful influence on someone, for example, on people, or on something, for example, on the environment surrounding a person.

There are management of the state, the city, and the sphere of social life of society (for example, healthcare, education, social security). Based on ownership, there is state, municipal, and private management. All of the above management differences are also characteristic of the social security system.

Management is inextricably linked with such concepts as administration, administrative power, and administrative activities. The Latin word “administration” literally means management, direction.

Administration refers to government bodies that manage and manage the personnel of an institution. In other words, to administer means to manage, to manage.

Management and administration are synonymous. They mean management and leadership of people. The bodies that carry out management are usually called the administration.

In practice, there are several types of administration:

a) Administration of an international organization;

b) Federal Administration;

c) Administration of a constituent entity of the Russian Federation;

c) Municipal administrations;

d) Administration of an enterprise, institution, organization.

2) General social security administration

The general management of social security in our country is carried out by the state federal administration, and the main federal administration is the Government of the Russian Federation. As the main federal executive body, the Government is vested with broad powers in all areas of the country's life. He is entrusted with responsibility for ensuring the rights and freedoms of citizens, the state of the economy, the implementation of social policy, ensuring the security of society and the state, and the state of international communications in the Russian Federation.

Within the limits of its powers, the Government organizes the implementation of the Constitution, laws, Presidential Decrees, international treaties, controls the activities of executive bodies of the constituent entities of the Russian Federation, etc. The Government manages the work of federal Ministries and other executive federal authorities and the powers of the Federal Government in the social sphere include carrying out unified state social policy and implementation of constitutional rights of citizens in the field of social security.

The Government is entrusted with taking measures to realize the rights of citizens, protect health, solve problems of family, motherhood and childhood, and ensure sanitary and epidemiological well-being in the country.

The Federal Government issues Regulations and Orders. Acts of a normative nature are issued in the form of Resolutions, and Acts on operational and other current issues are issued in the form of Orders.

The Government ensures the implementation of a unified state policy in the country in the field of education, health care, social security, etc. Simultaneously with general social issues, the Government also resolves specific issues of supporting the least socially protected groups of the population: the poor, the unemployed, refugees, etc. Directly issues related to the sphere of social provision is carried out by 2 Government Ministries - the Ministry of Labor and Social Protection, the Ministry of Health.

3) Operational management of social security

Operational – directly practically implementing something. The operational management of social security depends on what form of social security it belongs to.

If social security is carried out in the form of Mandatory Social Insurance (OSI), operational management is carried out by extra-budgetary state insurance funds and their divisions in the constituent entities and localities, (

1) Pension Fund of Russia (PFR);

2) Social Insurance Fund (SIF);

3) Compulsory Health Insurance Fund (MHIF):

a) Federal Compulsory Medical Insurance Fund (FFOMS);

b) Territorial Compulsory Medical Insurance Fund (TFIF).

These bodies carry out the following types of operational activities:

– Determine the circle of persons subject to social insurance and entitled to insurance coverage;

– Determine the conditions of appointment and the amount of insurance coverage;

– Establish rates of insurance contributions for specific types of compulsory social insurance (OSI);

– Determine the basis for calculating insurance premiums;

– Develop a procedure for forming their budgets and the procedure for their execution; etc.

If operational social security is carried out at the expense of allocations from the federal budget, then management is carried out by state executive authorities and bodies subordinate to them, these include:

1) Ministry of Labor and Social Protection;

2) Ministry of Health;

3) Ministry of Education and Science;

4) Ministry of Defense;

5) Ministry of Internal Affairs (MVD) and its subordinate bodies.

At the local level, operational management of social security is carried out by social protection bodies (OSPP) - the department of social protection of the population, the Committee on Social Policy, the social service center, etc.

The following types of operational management are under the jurisdiction of these bodies:

– Development of social protection programs for the population;

– Study of the socio-economic situation of certain population groups;

– Organizing the appointment of payment of benefits and compensation;

– Social services for the elderly and disabled;

– Organization of sanatorium and resort treatment for privileged categories of citizens, etc.

Topic 3
Legal implementation of social security

Plan:

1) Organization of rule-making in the field of social security

2) Organization of law enforcement in the field of social security;

3) Interpretation of social security law.

1) Organization of rule-making in the field of social security

Implementation is a rather capacious and complex concept. It includes the entire process of the emergence, formation and functioning of social security relations. The implementation of social security refers to the procedure for applying legal, economic, and organizational measures to solve the problems facing social security. (Since most of the topics in the interdisciplinary course (IDC) will be devoted to economic and organizational measures, in this topic we will consider the legal implementation of social security).

The main legal (legal) means of implementing social security include: rule-making, law enforcement, interpretation of social security law.

Rulemaking is the main way to influence public relations regarding social security. Rulemaking is the process of developing and adopting certain regulatory legal acts (RLA) on social security, for example, on pensions, benefits, social services, benefits, etc.

The rule-making process consists of several successive stages:

1) Legislative initiative;

2) Decision on the need to issue an act;

3) Development of a draft act;

4) Consideration of the draft act;

5) Adoption of the act;

6) Bringing the act to its addressee.

Let's briefly look at each stage of the process.

1.1) Stage of legislative initiative. Means that here we are talking about the primary official action of a competent subject. He makes a proposal to issue a normative legal act (NLA) or proposes an already prepared draft act. The circle of subjects who have the right to legislative initiative is strictly defined by law.;

2.1) The decision on the need to issue an act. The decision of the competent authority on the need to issue an act and develop its draft is documented and included in the legislative work plan.;

3.1) Development of a draft act. Development of a draft act and its preliminary discussion. This stage may consist of one procedure:

– Only development of a draft act or 2 procedures:

– Development of a draft act and its preliminary discussion. The number of procedures depends on the importance of the project.

4.1) Consideration of the draft act. Consideration of the draft act in the body that, according to its competence, can adopt it.;

5.1) Acceptance of the act.

6.1) Bringing the act to the addressee. Bringing the contents of the adopted act to its addressees by publication.

Rulemaking can be expressed in the adoption of certain acts, for example, in the form of a single normative legal act (NLA). It contains separate legal provisions. An example of such an act is the Federal Law (FL) of December 21, 1996. (December 12, 1996) No. 159-FZ “On additional guarantees of social protection of orphans and children left without parental care.” Another example is when a systematized act is adopted containing certain groups of norms. Such acts are the basis of the legislation of the Russian Federation:

– Federal Law (FL) Federal Law “On the Fundamentals of Citizens’ Health in the Russian Federation” (1993);

– Federal Law (FL) Federal Law “On state benefits for citizens with children” (1995);

– Federal Law (FL) Federal Law “On the Fundamentals of Social Insurance” (1992), etc.

A wide range of law-making bodies have the right to issue normative legal acts (NLA). These include: the Federal Assembly, the President of the Russian Federation, the Government of the Russian Federation, Federal Ministries, Departments, services, authorities of the constituent entities of the Russian Federation, local government authorities (LSG). Off-budget social insurance funds are also vested with rule-making functions. Depending on the level of the government body and its position in the system of bodies, they adopt relevant normative legal acts (NLA) - laws, resolutions, orders, instructions, guidelines, regulations, etc.

2) Organization of law enforcement in the field of social security

Law enforcement is the solution of a specific case in a specific life situation, in other words, the “application” of the law, legal norms to specific individuals, to specific life circumstances. The enforcement of regulatory legal acts (LLA) is carried out by competent authorities and officials only within the framework of the powers granted to them. Application of social security law (PSL) – organizing the activities of competent authorities and officials. The goal is to ensure that the recipients of legal norms realize their rights and obligations regarding social security, as well as to provide guarantees of control over this process.

There are several stages of law enforcement activities.

Stage 1 – establishing the factual circumstances of a particular case. At this stage, the actual circumstances of the case are examined, i.e. documents, testimony, etc. For example, a citizen asked about the assignment of an old-age pension to him. The pension authority checks whether he has Russian citizenship, age, insurance experience, amount of earnings, payment of insurance premiums and other circumstances. Without clarifying all the facts, a normal resolution of the pension issue is impossible. The range of circumstances necessary to establish the right is clearly set out in regulatory legal acts (LLA) on social security.

The result of stage 1 of the law enforcement process should be the achievement of actual objective truth. To achieve the truth during this stage, the legislation pays special attention to evidence, which is carried out through documentation. The Ministry of Labor and Social Protection has developed a List of documents required to establish a labor pension and a state pension. In this list, for each type of pension, the necessary documents are named that prove the factual truth.

Stage 2 of law enforcement activities – establishing the legal basis of the case, i.e. select the required legal norm. This stage includes a number of sequential actions:

1) Finding a specific norm to be applied;

2) Checking the correctness of the text that contains the required norm;

3) Verification of the authenticity of the norm, its effect in time, space and among people;

4) Explanation of the content of the norm.

Thus, at this stage, the legal qualification of the merits of the case is carried out.

Stage 3 of law enforcement activities – resolving the case on its merits. This means that the adoption of a corresponding law enforcement act on a particular issue of social security of a person. It means an individually defined act performed by the competent authority under a specific legal act. These acts give rise to specific legal consequences for participants in legal relations regarding social security. For example, a citizen’s right to a pension arises only after the pension authority makes a written decision on the assignment, amount and date of payment of pensions. This decision is an individually determined act for a citizen.

Stage 4 of law enforcement activities – organizing the implementation of legal norms of social security, i.e. specific activities of ministries, departments, organizations providing social security to citizens.

Stage 5 of law enforcement activity – protection of social security law from any violations and application of state coercive measures against the offender. For example, the Ministry of Labor and Social Protection checks the correctness of pensions in the Chechen Republic, for which a special commission is sent there. If violations are discovered, administrative penalties are imposed on the authorities and officials who committed them, usually in the form of fines.

Thus, law enforcement as a form of implementation of law is the implementation of the requirements of various legal acts (regulatory acts) issued by various bodies.

Follow the exact meaning of the norm: legality; validity; expediency; justice.

The requirement of legality means that when resolving a specific case, the law enforcement agency must be based on a certain norm, strictly and strictly follow the exact meaning of the norm and act within its competence.

The requirement of validity implies that, firstly, all facts relating to a particular social security issue must be identified, secondly, which facts must be carefully and objectively studied and recognized as reliable and, thirdly, all unproven facts must be rejected.

Expediency means that the law enforcer chooses the most appropriate norm when deciding on the provision of any type of social security.

The requirement of justice presupposes an honest, objective approach of a body or official to the study of all legal facts.

Edition 1

V. P. Shcheglov

© V. P. Shcheglov, 2015

Editor Sergey Petrovich Lapin

Editor Antonina Andreevna Chistova

Corrector Sergey Petrovich Lapin

Created in the intellectual publishing system Ridero

Plan

1) The concept of social protection;

2) The concept of social security

3) Social relations related to social security.

Russian legislation lacks established concepts of social protection and social security. Therefore, it is first necessary to determine the content of these concepts, which will allow us to correctly represent the social security system and its essence.

The combination of the concepts “social” and “protection” suggests that social protection is understood as a complex of various measures with the help of which a person “defends himself” from the adverse effects of the surrounding world. Russia, as a social state, must take all possible measures to create favorable conditions for the life of its citizens, i.e. create a favorable living environment. The concept of “human environment” includes:

1) Ensuring employment of citizens;

2) Creation of normal working conditions;

3) Decent wages;

4) Providing comfortable housing;

5) Creation of a favorable economic environment;

6) Providing healthy nutrition;

7) Access to education and cultural values;

8) Health protection;

9) Preservation of private property;

10) Providing citizens with social support in the event of unfavorable life circumstances.

Article 7 of the Constitution tells us that the purpose of social protection is guaranteed labor protection, the health of citizens, the minimum wage (minimum wage), the support of motherhood and childhood, the disabled and the elderly, the payment of pensions and benefits, and the provision of other social guarantees.

In relation to the current situation in Russia, a generalized definition of social protection can be formed as follows: social protection is a set of economic, legal and organizational measures that the state addresses to able-bodied and disabled citizens who find themselves in difficult life situations that they cannot overcome on their own, and aimed for their material support, providing them with all possible assistance, and support at a level that must meet the requirements of a decent life.

Social protection of the population is a complex of various social relations:

– Labor;

– Housing;

– Educational;

– Environmental;

– Health protection;

– Family;

– On social security.

The concept of “social security” is an integral part of the concept of “social protection”, i.e. “social protection” is a broader concept than “social security”.

Modern literature contains the following definition of the concept of “social security”.

Social security is a form of state social policy aimed at providing material support for categories of citizens specified by law from the federal budget and special extra-budgetary funds in the event of events recognized by the state as socially significant.

Social security has a number of characteristics according to which security is recognized as social:

1 sign: special social relations arising in the social sphere. They are formed between citizens and the relevant competent authorities in the following cases:

1) Upon citizens reaching a certain age, due to illness, disability, loss of a breadwinner, raising children, unemployment, etc.

Such relations arise with the above-mentioned subjects in these cases and are called material relations. In the course of their implementation, citizens are provided with material benefits with the help of which they satisfy their individual needs. Providing the said benefit to a citizen in cash or in kind - in the form of pensions, benefits, social services.

2nd sign: in accordance with this sign, social security is that it is provided at the expense of various financial sources.

The main financial source is the state budget. The second most important source is off-budget government funds. Third are the budgets of the constituent entities of the Russian Federation (Russian Federation) and municipal budgets.

Sources of funds for federal, regional and municipal budgets are taxes and fees.

Sources of funds for extra-budgetary insurance funds are insurance premiums and subsidies from the budget.

Funds from federal budgets, regional budgets and municipal budgets are spent on social security:

1) Citizens performing important government functions (military personnel, law enforcement officers, civil servants);

2) Citizens who have served the state or suffered through the fault of the state (participants and veterans of the Second World War (Great Patriotic War), blockade survivors, awarded orders and medals, Chernobyl survivors, etc.);

3) Disabled citizens and families (children, orphans, disabled people, low-income families, large families and foster families).

Money from extra-budgetary insurance funds is spent depending on the specialization of the fund. These funds are: Pension Fund (PF, Pension Fund, Pension Fund of the Russian Federation, Pension Fund of the Russian Federation), Social Insurance Fund (FSS), Mandatory Medical Insurance Fund (MHIF).

Money from these funds is directed to:

– Pension Fund (PF) – payment of pensions;

– Funeral benefits for deceased pensioners;

Social Insurance Fund (SIF) - for benefits, sanatorium and resort treatment, keeping children in health camps;

Compulsory Health Insurance Fund (MHIF) - for the provision of free medical care and treatment.

3 sign; special subject composition, i.e. circle of persons subject to security. This includes: children, women, pensioners, disabled people, the unemployed, large families, and foster families.

4th sign: it is guaranteed. It means that the state legislatively, organizationally and economically provides all types of social security with the necessary means.

Feature 5: in accordance with this feature, various types of social security (social security) are provided only upon the occurrence of appropriate circumstances specified in the law.

6th sign: the purpose of its provision. The main goal of each type of social security (social security) is to equalize the social status of certain categories of citizens with other members of society.

The totality (listed in paragraph 2 of Topic No. 1) of signs indicates the existence of several groups of social relations related to social security, which have their own characteristics.

1st group of features – relations to directly provide citizens with appropriate types of social security at the expense of special funds allocated for these purposes. In the course of the functioning of these relations, the rights of citizens to pensions, benefits, compensation payments, social services, medical care, benefits, and social assistance are realized. Legal norms regulating relations for the provision of the listed types of social security collectively constitute social security law (PSL).

District (city) social protection bodies are municipal government bodies within the structure of the district or city administration. They are subordinate to both the administration of the district, city, and the social protection authorities of the region and region.

The department of social protection of the population of a district or city and its subordinate institutions of the social protection system ensure the implementation of state policy in the field of pensions; labor and labor relations; social guarantees and social support for elderly and disabled citizens, family, motherhood and childhood, development of a system of social services for the population.

The department is created, reorganized and liquidated by decision of local government bodies. The department in its activities is guided by the laws of the Russian Federation, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation and the region, region, the head of the administration of the territory and city or district, orders and instructions, resolutions of a higher body of social protection of the population of the territory, region and others regulations.

In its structure, the Department of Social Protection of the Population has: divisions:

Pension Department;
- Department of Labor and Social Affairs.

Subordinate institutions:

Center for Social Assistance to Family and Children;
- Social rehabilitation center for minor children;
- social services;
- social hotel, etc.

The main tasks and functions of the Department of Social Protection of the Population of a city or district are carried out in accordance with the “Regulations on the Department of Social Protection of the Population”, which is approved by the head of the administration of the city or district.

The Department of Social Protection of the Population of the City Administration (hereinafter referred to as the Department) is a municipal governing body within the structure of the city administration and is subordinate in its activities to both the city administration and the Department of Social Protection of the Population of the Regional Administration.

Let's look at how the Department of Social Protection of the Population functions using the example of the city of Armavir:

1. The department and its subordinate institutions of the social protection system ensure the implementation of state policy in the field of pensions, labor and labor relations; social guarantees and social support for elderly and disabled citizens, family, motherhood and childhood, development of a system of social services for the population.
2. The department carries out its activities in cooperation with local governments, state extra-budgetary funds, savings banks, communication centers, enterprises, institutions, organizations, public associations, citizens. The department in its activities is guided by the laws of the Russian Federation, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation and the Krasnodar Territory, the head of the administration of the region and the city, acts of the Legislative Assembly of the region, orders, instructions, resolutions of the higher body of social protection of the population of the region and others regulations.
3. The department is created, reorganized and liquidated by decision of local government bodies.
4. Management is based on the city budget.
5. The management is a legal entity, has an independent balance sheet, its own current account, official seal, stamps, forms, has the right to operationally manage separate property and is responsible for its obligations with this property, can acquire and exercise property and non-property rights in its own name, and bear responsibilities , to be a plaintiff and defendant in court.
6. Management structure:

Divisions:

Pension Department;
- Department of Labor and Social Affairs;
- centralized accounting.

Subordinate institutions:

Center for Social Assistance to Family and Children;
- Social rehabilitation center for minors;
- social service service;
- social hotel;
- the Nadezhda center under construction.

The main tasks of the Department of Social Protection of the Population:

1. Participation in the development of forecasts for the socio-economic development of the city.
2. Development, based on forecasting social processes, and implementation of city programs for social support for people with disabilities, elderly citizens, families with children and low-income groups of the population.
3. Development of measures aimed at implementing the legislation of the Russian Federation in the field of social protection of the population.
4. Organization of social support for family, motherhood and childhood, elderly citizens, veterans, people in extreme situations.
5. Ensuring the implementation of state policy in the field of pension provision and pension reform.
6. Protection of the rights of citizens, their interests, state guarantees provided for by current legislation.
7. Implementation of measures for the practical implementation of state policy in the social and labor sphere.
8. Development of a system of social partnership and contractual regulation of labor relations.
9. Coordination of safety issues and working conditions.

Functions of the Department of Social Protection of the Population:

In the field of pensions:

Ensures the correct and timely assignment, recalculation and payment of pensions, benefits and other compensation payments in accordance with current legislation;
- exercises control over the expenditure of funds intended for pension provision;
- receives citizens, representatives of enterprises, institutions and public organizations on issues of pension legislation, provides the necessary consultations, and provides legal assistance in the preparation of documents;
- considers complaints, applications and proposals from citizens and organizations on pension issues and prepares responses to them; analyzes the causes of complaints and statements and takes measures to eliminate them; br> - leads the codification of pension legislation; - generates and sends payment documents to the city federal postal center and Sberbank branches, generates and sends postal orders, carries out monthly settlements with the communication center;
- monthly processes executive machinograms and lists of Sberbank, prepares appropriate reports based on the results for submission to a higher social protection body;
- maintains all statistical and accounting reports on assigned and paid pension amounts, prepares applications for the allocation of funds for payment, makes mass recalculations of pensions and replacement of payment documentation;
- keeps records of overpayments, develops measures to repay them;
- ensures the accumulation and storage of information on a personal computer, masters and implements new software, organizes the acceptance and operation of new versions of programs, their installation;
- organizes documentary inspections of communication enterprises, savings banks on issues of targeted spending of funds, timely and correct payment of pensions, benefits, compensation;
- manages funds, allocations for the payment of pensions, benefits, compensation with subsequent reporting on all sources of funding to the Department of Social Protection of the Population of the regional administration, the treasury and local financial authorities;
- interacts with the Department of Social Protection of the Population of the regional administration, the city finance department, the treasury, social insurance and other services in matters of financing.

In the field of social services:

Taking into account the socio-demographic characteristics of the city and the needs of various categories and groups of the population, it makes proposals for the creation of municipal social service and social assistance institutions as legal entities for the disabled, elderly citizens, low-income families and children without parental care;
- draws up documents for the placement of elderly citizens, disabled people, and disabled children in the appropriate state boarding homes;
- provides assistance to ensure social protection of citizens who find themselves in extreme situations, including persons without a fixed place of residence or occupation, refugees, and internally displaced persons;
- coordinates the activities of social service institutions located in the city and provides them with organizational and methodological assistance;
- conducts receptions of citizens on issues of social protection of the population.

In the field of rehabilitation of disabled people:

Implements programs for social support of disabled people;
- draws up documents to provide disabled people with special vehicles;
- provides assistance to public associations of disabled people in their activities, in matters of improving the social status of disabled people, internationalist soldiers and veterans;
- makes proposals for the creation and improvement of the activities of institutions for medical, social and professional rehabilitation of disabled people.

In the field of social support for elderly citizens, veterans and other categories of citizens:

Carries out, within its competence, the development and implementation of city programs to improve the situation of senior citizens and veterans;
- exercises, within its competence, control over the implementation of social guarantees established for senior citizens and veterans and other preferential categories of citizens by current legislation;
- coordinates the work of public organizations in improving the social situation of war veterans, internationalist soldiers, labor veterans, citizens affected by the disaster at the Chernobyl nuclear power plant, former minor prisoners of fascist camps and other categories of citizens in need of social support;
- provides citizens with documents giving the right to use benefits;
- provides sanatorium and resort vouchers to preferential categories of citizens and monitors their use;
- makes compensation payments to preferential categories of citizens provided for by the legislation of the Russian Federation.

In the field of social support for family, motherhood, fatherhood and childhood:

Implements regional and city programs to improve the situation of families, women and children, aimed primarily at providing support to those most in need;
- exercises, within its competence, control over the implementation of social guarantees established for the family, women and children by current legislation;
- assigns and pays monthly benefits for children;
- implements measures aimed at creating conditions for social adaptation and integration into society of children with disabilities;
- provides social support to graduates of boarding schools who do not have parents or are left without care at the initial stage of their independent life;
- together with executive authorities, non-governmental organizations and associations, ensures recreation and health improvement for children during school holidays.

In the field of labor and labor protection:

Monitors the implementation of state policy in the field of labor and labor relations;
- takes measures to increase the role of tariff agreements, collective agreements, organizes work on concluding collective agreements at enterprises and organizations of the city;
- carries out notification registration of collective agreements;
- monitors compliance with the labor legislation of the Russian Federation at enterprises and organizations of the city of all forms of ownership;
- coordinates the preparation and conclusion of the “Social Partnership Agreement” between the city administration, trade unions and producers;
- conducts an analysis of wages prevailing in the city, monitors the level of minimum and maximum wages at enterprises;
- takes part in the work of conflict commissions to resolve labor conflicts that have arisen at city enterprises;
- in order to determine the standard of living of the population, it calculates the subsistence level for various socio-demographic groups of the population using a unified methodology;
- analyzes the demographic situation in the city;
- organizes work within its competence to implement a unified state policy in the field of protection and improvement of working conditions;
- develops city programs for the protection and improvement of working conditions;
- analyzes the state of labor conditions and safety in the city;
- carries out work to create healthy and safe working conditions at work, prevent accidents and occupational diseases at enterprises, organizations and institutions of the city;
- carries out work to ensure interaction between the city administration and state supervisory and control authorities on issues of safety and working conditions;
- carries out methodological management of the labor protection service of enterprises and organizations of the city.

Organization of activities of the Department of Social Protection of the Population:

1. The department, through the media, advises the population on issues of social protection and labor relations. Interacts with the services of the Department of Social Protection of the Population of the regional administration.
2. The Department exercises control over the quality and efficient work of subordinate social protection institutions, as well as control over their financial and economic activities.
3. The department is headed by a chief, who is appointed and dismissed by the head of the city in agreement with the Department of Social Protection of the Population of the regional administration. The Head is personally responsible for the implementation of the tasks assigned to the Department and the implementation of its functions.
4. The Head of the Department distributes responsibilities among the deputy heads of the Department, manages the activities of the Department on the principles of unity of command, coordinates and controls the activities of institutions subordinate to him within the limits of his competence, issues orders, instructions and gives instructions that are binding on all employees of the Department and institutions subordinate to him.

The Head of the Department approves the staffing schedule of subordinate institutions that are not legal entities, within the established wage fund and the number of its employees, as well as the cost estimate for its maintenance within the limits of funds allocated from the city budget, approves the regulations on the structural divisions of the Department, as well as the charter provisions of institutions subordinate to the Department; makes proposals for the appointment and dismissal of employees of the Administration apparatus and heads of subordinate institutions, imposes disciplinary sanctions on employees of the apparatus, and, in the prescribed manner, provides particularly distinguished employees for the conferment of honorary titles and awards.