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Study guide pso. Social Security Law

The tutorial reflects modern level development of social security law, jurisprudence on its implementation, controversial issues that require a solution. Particular attention is paid to the consideration of issues related to the financing of the social security system, ensuring its sustainability and guarantee. The textbook also includes a section on the basics of social security regulation abroad. The structure and volume of the material presented in the tutorial corresponds to curriculum National Research University Higher School of Economics and takes into account latest provisions legislation in this area. Its main goal is to help students master the basic theoretical knowledge of social security law and the ability to navigate the complex legislation of the industry. At the end of the chapters, there are questions for self-control. The manual has been prepared in accordance with the requirements of the Federal State Educational Standard of Higher vocational education third generation and includes the entire list of topics necessary for the formation of the required competencies and skills. Designed for bachelors, masters, postgraduate students of higher educational institutions, practitioners and anyone interested in social security law.

Book chapters

This chapter is devoted to an examination of the basic principles of social security law. The chapter highlights the concept and classification of these principles, and also discusses in detail the general legal, cross-sectoral, sectoral and intra-sectoral principles of social security law.

Disability in modern society is socially produced and is a cultural construct. The goal of social policy in the field of disability is an open and accessible society for all. The globalization of social policy should be seen not as a crude borrowing of American or European norms, but as a more complex process of adaptation, cultural transformation and the struggle for equality. Due to the increase in Russia of people with disabilities there is a search for an adequate model of social policy. The article analyzes two models of social policy in the field of disability - paternalistic (social security) and innovative (civil rights), as well as the possibilities of their application in the Russian social, economic and cultural context. Particular attention is paid to the phenomenon of disability and models of disability.

The article analyzes various features of the demand for urban public transport at the moment immediately preceding the monetization of benefits, based on a population survey conducted in 2004 in St. Petersburg. This study made it possible to identify several groups of the population and describe each of them in terms of the income elasticity of demand for a particular mode of transport. In addition to traditional types of urban transport - trams, trolleybuses, buses and metro - city minibuses were studied as a commercial, but more "comfortable" and quick view transport. The results obtained during the study allowed us to test various hypotheses about the response of demand to changes in the organization. public transport and methods of its state regulation.

The article describes and analyzes the legislative politics of revolutionary regimes in Russia in 1917-1918. The author aims to demonstrate the political meaning of the form of early Soviet legislation and its legitimizing effect. The revolutionary legislators often used specific language in the new laws as a vehicle of legitimacy, i.e. to make the people comply. The two main types of legal language used by the Bolsheviks can be interpreted from the perspective of different types of legitimacy. The revolutionary strategy used propagandistic legislation, written in the language of lay people, which urged them to act according to the new law. It can be seen as a request for acts of the people to legitimize the soviets. On the contrary, the traditional strategy employed old bureaucratic means of writing and distributing legislation to the local soviets. The language used by this strategy was closed to the understanding of a lay audience and implied traditions of obeying the law written in familiar legal language, which in turn implied rational / legal legitimacy. The second strategy had already become dominant after the first months of the Bolshevik revolution. This observation demonstrates that from the very beginning of their rule, Soviet leaders approached legislative policy from a technocratic point of view, which determined the further development of Soviet legal theory and practice.

Moscow: Russian Economic University named after G.V. Plekhanov, 2011.

Edited by: V. Bychenkov Kaluga: KF RPA Ministry of Justice of Russia, 2010.

The collection contains materials prepared for the Third International Scientific practical conference"Trends in the development of state, law and politics in Russia and the world" (Kaluga, April 30, 2010).

For specialists in the field of law, teachers, graduate students, students of higher educational institutions of a legal profile, for everyone who is interested in the problems of legal science.

The article analyzes the possibility of using in the course of studying the course "Legal Technique" appropriate examples containing time characteristics, their clarity and persuasiveness. The possibility of demonstrating the optimization of legal techniques with the help of correctly and clearly used temporary properties is considered.

The author of the article believes that Russian society first encountered a Constitution that would cause as many criticism as the current Constitution Russian Federation... The most tangible damage caused by the Constitution to the legislative system is that, contrary to the existing national constitutional tradition, it has ceased to be a form-building and system-forming document for this system. The Constitution is not the Basic Law of the state, and, therefore, the pinnacle of the system of legislation. It is about the system-forming and form-forming functions of the Constitution, because legislation (in a broad or narrow sense) is a hierarchical system. Each type of normative acts included in it must occupy its own step, the position of which among others is determined by its legal force.

The article presents an analysis of the legal status of the Chamber of Control and Accounts of St. Petersburg in the light of the adoption of the Federal Law "On general principles organization and activities of control and accounting bodies of the constituent entities of the Russian Federation and municipalities ”. Particular attention is paid to the legal basis for the performance audit public funds, as well as issues of interaction of the Control and Accounts Chamber of St. Petersburg with the control bodies of intracity municipalities.

This article is devoted to the legitimation and peculiarities of the application by courts and executive authorities of ex post and ex ante standards in the field of competition regulation. It considers ex post and ex ante postulates as legal principles associated with the application of economic (including antitrust) legislation. The distinction between ex post and ex ante principles is based on two critical criteria concerning the subjects of their application and standards for evaluating decisions made. One of the most important goals of the article is to refute the opinion widespread among lawyers and economists that the legislator applies the ex ante principle in the field of economic activity regulation and is not bound by the ex post principle, and the situation with the law enforcement officer looks exactly the opposite.

Edited by: A. M. Ablazhei, N. V. Golovko Novosibirsk: Novosibirsk State University, 2012.

The collection contains the reports of the participants of the X Regional scientific conference young scientists of Siberia in the field of humanities and social sciences " Actual problems humanitarian and social research ". The book is intended for specialists in the field of social research, philosophy and theoretical problems of law, as well as all those interested in the problems and prospects of social and humanitarian research. The works were published with the financial support of the Council of Scientific Youth of the NSC SB RAS.

The article is devoted to the analysis of the right to conduct counter-demonstrations, which is one of the manifestations of freedom of assembly. Emphasizing the value given right as an element of a democratic society, the author recognizes the risk of violent clashes between participants in public events who adhere to opposite ideas. This circumstance dictates the need to establish proportionate restrictions on the right to counter-demonstration, certain types which are analyzed in this work.

This article analyzes the usage of legislation as a legal source in the Russian Empire through the phenomenon of the publication of law. The author argues that the absence of separation of executive, legislative and court powers had definite negative effects for lawmaking and enforcement. The legislative politics of Russian emperors could be analyzed using Jürgen Habermas ‘concept of ―representative publicness‖ (representative öffentlichkeit): to a large extent, the tsars considered law as both an assertion of authority and a means of governing. Their actions towards strengthening legality in the state (i.e. the compulsory publication of legislation) were in essence symbolic or theatrical. In fact, since the separation of laws from executive acts did not exist in imperial Russia, the legislation was published (or stayed unpublished) exclusively for state administrators. The conflict in conceptions of legality between state and civil actors in the second half of the nineteenth century was not of a merely political nature. The article demonstrates that there was a public demand for publication of legislation; insufficient accessibility of legal information negatively influenced social and economic development in imperial Russia.

Bely A. V. ECO. 2010. No. 6. S. 97-114.

The article examines the development of the norms of international manageability in the world energy sector, applies an institutional approach to the development of the international legal regime of the Energy Charter. The definition of manageability is associated with the development of international norms for the resolution of disputes, which are widely represented in this document... In the general context of the issue of manageability, the interests of Russia are considered - the protection of investments in the EU and the encouragement of environmental investments.

The work examines the cultural aspects and law enforcement practice in the field of human rights in the Caucasus region. Are being discussed different interpretations the concept of human rights in the region, the relationship of human rights issues with the socio-cultural characteristics of the region. Special attention is paid to the development of the institution of the Commissioner for Human Rights (Ombudsman) and other institutions of state human rights protection in the republics of the North Caucasus and in the countries of the Caucasus. The specificity of the relationship "person - power" in the region is shown. Sociocultural aspects in the field of human rights in the Caucasus are covered in the context of the problem of combating terrorism, and law enforcement practice - in the context of a combination of four legal systems: adat (customs), sharia, secular law and international law.

The textbook is devoted to theoretical issues of social security law, the doctrine of social risks, international social security law. The publication has been prepared taking into account the latest changes in legislation, supplied with control questions and self-assessment tasks is well structured and contains illustrative examples and statistics.

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  2. The textbook can be used in the development of the professional module "Ensuring and implementation of citizens' rights in the field of pension provision and social protection" (MDK 01.01 "Social security law" in the specialty "Law and organization of social security").
    The textbook examines the main issues related to the provision of pensions to citizens, providing them with benefits, compensation payments, state social assistance, as well as issues of providing citizens with social services and other in-kind payments.
    For students of institutions of secondary vocational education, as well as those interested in social security issues.

    CONCEPT OF SOCIAL SECURITY.
    Usually, definitions of a concept are given in codified legal acts that have a higher legal force compared to other regulations. Many definitions are found directly in sectoral codes such as land, criminal, family, labor and other codes. There is still no legislative consolidation of the concept of "social security", just as there is no codified act on social security itself. For this reason, we are faced with different interpretations of the very concept of "social security". It is often confused with other, similar terms, such as social protection. Therefore, let us first consider what is meant by social protection.

    In the Constitution of the Russian Federation of 1993, there is no social protection of the population as a legal definition. Reveal her general meaning and the content is also impossible due to the different use of the term, and sometimes contradictions in the designation of the corresponding range of social relations related to the concept of social protection of the population. In a common sense, the word "protection" means "to protect someone, something; protect, secure from something; that which protects serves as defense. " Based on this, protection in combination with the meaning of the term "social" should be understood as a complex of various political, economic and legal measures state and society.

    Table of contents
    Foreword
    A COMMON PART
    Chapter 1. Concept and development of social security
    1.1. The main stages of development and formation of social security systems
    1.2. Social security concept
    1.3. Social security functions
    1.4. Forms of social security
    Chapter 2. Financial Basis of Social Security
    2.1. General concept of the financial basis of social security
    2.2. Pension fund of the Russian Federation
    2.3. Social Insurance Fund of the Russian Federation
    2.4. Federal Compulsory Health Insurance Fund
    2.5. State budget funds of the Russian Federation
    Chapter 3. Concept, subject and method, system of social security law
    3.1. General concept of social security law
    3.2. Subject matter of social security law
    3.3. Social Security Law Method
    3.4. Social security law system
    Chapter 4. Principles of Social Security Law
    4.1. The concept of the principles of law
    4.2. Content of the principles of social security law
    Chapter 5. Sources of Social Security Law
    5.1. The concept of sources of social security law and their classification
    5.2. general characteristics sources of social security law
    Chapter 6. Legal relationship on social security
    6.1. The concept and types of legal relations for social security
    6.2. Subjects, object and content of legal relations in social security
    6.3. Classification of social security legal relations
    6.4. Pension legal relationship
    6.5. Legal relationship regarding benefits and compensation payments
    6.6. Legal relationship regarding the provision of benefits in kind under the social security system
    6.7. Procedural and procedural legal relations in social security
    SPECIAL PART
    Chapter 7. Work experience
    7.1. Concept, types and meaning of work experience
    7.2. Calculation and confirmation of experience
    Chapter 8. Pension benefits
    8.1. General characteristics of the pension system
    8.2. Old age labor pensions
    8.3. Labor pensions for disability
    8.4. Survivors' pensions
    8.5. Recalculations, indexation, adjustment of labor pensions
    8.6. Applying for a labor pension, its appointment, recalculations
    8.7. Payment of labor pension
    8.8. Retention of the right to early labor pensions
    8.9. Assessment of pension rights
    8.10. State Pensions
    Chapter 9. Benefits, monetary compensation for the social security system
    9.1. Characteristics of Social Security Benefits and Cash Compensations
    9.2. Temporary disability allowance
    9.3. Maternity, paternity and childhood benefits
    9.4. Unemployment benefits
    9.5. Others social benefits
    9.6. Compensation payments
    Chapter 10. Medical care and treatment
    10.1. The concept of medical care and its types
    10.2. Medicinal assistance
    10.3. Spa treatment
    Chapter 11. Social Services
    11.1. Concept and principles of social service
    11.2. Forms and types of social services and social services
    11.3. Social rehabilitation of disabled people
    Chapter 12. State social assistance
    12.1. Formation of a system of state social assistance
    12.2. Types, sizes and procedure for rendering state social assistance
    Accepted abbreviations.

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