Social system guarantees: structure, types, subjects, implementation mechanism. Social guarantee - what is it? Social guarantee system
Discipline: Sociology
Kind of work: Coursework
Topic: System of social guarantees and their implementation in the Russian Federation
Introduction. 2
Chapter 1. The need for social guarantees for the population. 5
Chapter 2. State social guarantees and minimum social standards in the system social protection population. 10
2.1. General provisions. 10
2.2. Minimum wage and living wage. 12
2.3. Guarantees of protection against unemployment. 18
2.4. The sphere of education. 25
2.5. Healthcare, housing and communal services and social services for the population. 27
Chapter 3. Social security and social assistance. 31
Conclusion. 54
Bibliography. 57
System of social guarantees and their implementation in the Russian Federation
Introduction.
Social policy regulates the relationship between society and the individual as a whole; between society and women's society, in particular. The basis of this regulation can be a system of social guarantees that ensure the implementation of the social rights of the individual provided for by the Constitution: the right to life, to work, to rest, to health care, to education.
In practice, this means that the state pursues a paternalistic policy in relation to different social groups of the population, and among them women and children come first. Paternalism translated from Latin means paternal, paternal. \"Paternalistic doctrine\" means that the basis of social policy is the care and responsible, \"fatherly\" attitude of the state towards citizens engaged in the sphere of labor and not engaged in it, but who have fulfilled their labor duty to society.
What happened in Russia in the context of the transition to market relations and a change in the entire paradigm of the political and social system? The state abandoned the system of social guarantees equally applicable to all citizens. It practically seeks to shift to social institutions, including non-governmental organizations, foundations, including humanitarian ones, the concern for the protection and survival of the population. The objects of social protection policy are the socially disadvantaged, or, as they say, socially unprotected groups, which include women. There has been a substitution of concepts: instead of\"social policy\" in Russia since 1992,\"social protection\" of the population has appeared. The institutionalization of this innovation was carried out in the form of the formation of the Ministry of Social Protection - the population of the Russian Federation, which functioned until 1996. The main lever of social protection policy was not social guarantees, but individual benefits and individual assistance. Meanwhile, the number of socially disadvantaged groups in society, especially women and children, is expanding rapidly.
As a result, by the end of the 90s, Russia turned from a country of high social security into a country of "beneficiaries" and "beneficiaries." The total "cost" of currently existing benefits for various categories of citizens, according to experts, ranges from 300 to 500 trillion non-denominated rubles. The list of benefits for Russians takes up several volumes. Social benefits are used by up to 70% of the Russian population - about 100 million people, the majority of whom are women.
In the context of the transition to a market and a change in forms of ownership in Russia, a full-fledged social policy has not been developed both in relation to the entire population and, above all, women, families, and children. Meanwhile, none of the countries that we call civilized now lives without state social paternalism.
In light of the above questions and problems, there is no doubt about its relevance the topic of the work “The system of social guarantees and their implementation in the Russian Federation.”
Purpose of the work: to study the existing system of social guarantees in the Russian Federation.
To achieve the goal, the following tasks were set:
consider the need for social guarantees for the population;
analyze state social guarantees and minimum social standards in the social protection system, namely: minimum wage and subsistence level; guarantees of protection against unemployment; guarantees in the field of education, healthcare, housing and communal services and social services population;
explore social security and social assistance;
draw conclusions based on the results of the analysis.
Goal and tasks course work determined its structure and internal logic. The work includes sections such as introduction, main part consisting of three chapters, conclusion and bibliography.
The theoretical basis for the study was extensive popular science literature, domestic monographs, periodicals, reference books, as well as a global Internet database. Regulatory and methodological basis of the study modern Russian legislation and regulations affecting relations in the field of social guarantees of the Russian Federation.
Chapter 1. The need for social guarantees for the population.
Integral factors of any normally functioning system of social guarantees are social protection and socio-economic support of the population.
Social assistance in maintaining the physical life of people and satisfying their social needs existed already in the initial period of human development and was carried out on the basis of customs, norms, traditions, and rituals. This helped people adapt to unfavorable conditions natural conditions and social environment, preserve the integrity and continuity of the culture of the family, clan, and community.
With the development of civilization, technological progress and culture, the disintegration of family, kinship and community ties, the state increasingly actively assumed the function of a guarantor of human social security.
The formation and development of a market economy led to the allocation of social protection to the population in independent species activity that has acquired a new meaning: primarily as protection from the adverse effects of market relations.
The system of social guarantees is involved in the market system and is its integral element. Through it, social support is provided to those who objectively do not have the opportunity to provide themselves with a decent standard of living - this is, in essence, a necessary payment for the opportunity to do business and generate income in a stable society.
In market conditions, a person can ensure the satisfaction of his needs only by receiving income from property or in the form of wages for his labor.
However, in every society there is a certain part of the population that does not have property and is not able to work for some reasons: illness, disability, due to old age or age that does not allow a person to enter the sphere of production relations (children), consequences of environmental, economic, national , political and military conflicts, natural disasters, obvious demographic changes, etc. These categories of the population will not survive without the protection and social assistance of the state, when the main factor of production and distribution is capital.
The state is objectively interested in guarantees and support for socially vulnerable segments of the population for several reasons:
a state that has declared itself civilized is obliged, according to the Universal Declaration of Human Rights, to “provide the population with a decent standard of living”;
every state is interested in the expanded reproduction of qualified labor;
socio-economic support for the poor stimulates the economic condition of various groups and segments of the population, thereby reducing social tension in society.
The development of a civilized market can only be carried out normally together with the expansion and deepening of social protection. In a broad sense, social protection is the policy of the state to ensure constitutional rights and minimum guarantees to a person, regardless of his place of residence, nationality, gender, age, otherwise all constitutional rights and freedoms of the individual need social protection - from the right to property and freedom of enterprise to personal integrity and environmental safety.
The interaction of market relations and social protection must be taken into account not only at the level of the entire society, but also at the level of social groups, families and individuals.
The main goal of social protection is to provide the necessary assistance to a specific person in difficult situations. life situation.
The system of social guarantees for the population in Russia is at the stage of formation; it is gradually turning into a qualitatively new independent, multi-disciplinary sector of the national economy.
However, the practice of the transition period in Russia shows that the development of market relations does not occur along with the growth of social protection of the population, but mainly due to its impoverishment, which inevitably gives rise to social tension in society. At the end of the 90s, about 25% of the population had a per capita income below the subsistence level.
The period of formation of market relations, which Russia entered at the end of the 80s, is characterized by a contradiction between the growing needs for social protection of the population and the narrowing of opportunities to satisfy them. By analyzing changes in the monetary income of the population and the level of prices for goods and services, it is possible to identify the reasons for the increase in social tension: a fall in production in general and consumer goods in particular; unfavorable demographic situation and the aging of society as a consequence; structural changes in the economy and the reduction of the army, leading to an expansion of the unemployment base; inflation and depreciation of savings of the population; an increase in the cost of energy resources, causing an increase in the cost of utilities, transport, etc.
Life requires new economic approaches in order to strengthen the social security of citizens. It is necessary to create legal and economic conditions for:
ensuring a decent standard of living through their work;
using new incentives for work and economic activity;
creation of civilized mechanisms for income distribution (joint stock and other forms of population participation in the distribution of profits, social partnership, non-state social insurance, etc.);
formation of an economic system of self-defense.
The social orientation of the economy is expressed in the subordination of production to the consumer, satisfying the social needs of the population and stimulating these needs. At the same time, it presupposes the necessary redistribution of income between wealthier and less wealthy segments of the population, accumulation in budgets different levels and various funds for the provision of social services to the population and the provision of social guarantees.
Chapter 2. State social guarantees and minimum social standards in the system of social protection of the population.2.1. General provisions.
In a society of market relations, the main function of social protection is assumed by the state as the main subject of social policy and social work.
Basic social guarantees are enshrined in the Constitution of the Russian Federation and are confirmed in social policy. They are defined in Art. 7 of the Basic Law of the Russian Federation: “In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, constant support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection."
On modern stage two main functions are visible in the state social protection system: social payments and a system of social services for single, elderly, disabled people and other similar categories, based on the principle of state care for socially vulnerable members of society and social charity. At the same time, social protection should extend to all categories of the population through a system of social guarantees.
Social guarantees are a long-term mechanism, obligations of the state provided for by law, aimed at realizing the constitutional rights of citizens. Minimum social standards should become the basis of state social guarantees.
Minimum social standards are norms and regulations established by the legislation of the Russian Federation that establish the minimum level of social protection, below which one cannot fall. The system of state minimum standards consists of interconnected state minimum social standards in the field of:
1) wages;
2) pension provision;
3) education;
4) healthcare;
5) culture;
6) social services;
7) housing and communal services.
By enshrining in the law “On State Minimum Standards” the most necessary minimum of social standards, the state makes it mandatory for the executive branch at all levels, as well as for employers and entrepreneurs of all types of property, and not only state property.
The minimum limits of state guarantees are confirmed by other legislative acts, including civil and labor codes, laws “On Health Care”, “On Education”, “On Culture”, etc.
The following are established as state minimum standards in the field of wages:
minimum wage;
a unified wage scale for public sector workers (UTS).
2.2. Minimum wage and living wage.
The minimum wage is the level of wages for an unskilled worker, designed to provide him with normal conditions of reproduction. It is established by law or a special agreement.
In Art. 37 of the Constitution of the Russian Federation states that “everyone has the right to work and in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment."
The Labor Code of the RSFSR (Article 78) establishes that “the monthly wage of an employee who has worked the full standard of working time for this period and fulfilled his job duties (labor standard) cannot be lower than the established minimum wage.”
Table No. 1
Dynamics of growth of the minimum wage.
Minimum wage
Tariff rate (salary) of the 1st category of the UTS for remuneration of public sector employees (including additional payments)
The minimum wage is guaranteed. It is expressed in the fact that workers have the right to claim a certain monthly level of remuneration for their work. This level is not reduced if working hours and labor standards are not met through no fault of the employee. The minimum wage does not include additional payments and allowances, as well as bonuses and other incentive payments. The latter must be accrued on wages, which cannot be lower than the minimum level established by the state. The inability of an enterprise to pay the minimum wage to all its employees is one of the signs of bankruptcy.
The minimum wage is usually determined by calculating the cost of living. The subsistence minimum is a concept that characterizes the minimum means of subsistence necessary for the normal reproduction of the labor force and personal development. This is an indicator of the volume and structure of consumption of the most important material goods and services at the minimum acceptable level, providing conditions for maintaining the active physical condition of adults, social and physical development children and teenagers.
To establish the cost indicator of the living wage, the concept of a “living wage budget” is introduced. The subsistence budget is a valuation of the in-kind set, and also includes expenses for taxes and other obligatory payments.
The living wage is calculated according to standards for meeting the minimum needs for goods and services, taking into account the price level, and must correspond to the amount of wages.
To determine the absolute level of the subsistence level, the most accurate method is the consumer basket method. This basket includes the most necessary products to support the life of an average family.
In the application you can view consumption statistics, food and energy value food products in households (see Appendix, Table No. 5).
The cost of living and the living wage budget can be used:
As a basis for targeted social support;
As targets for regulating the income and consumption of low-income groups of the population;
To assess the material and financial resources necessary for the implementation of promising and current social programs, providing targeted in-kind assistance to low-income groups of the population;
To justify the size of the minimum wage and old-age pension;
As one of the criteria for poverty, giving the right to receive various types of social benefits.
If there is no correspondence between the minimum wage and the cost of living, this indicates a lag economic development countries. Compliance of the minimum wage with the consumer minimum is possible only in a stable economic situation and a certain high level production. In the context of the economic crisis in our country, the minimum wage and other social benefits are determined based on real economic conditions.
Should...
Pick up file2. State guarantees and minimum social standards in the social protection system
In a society of market relations, the main function of social protection is assumed by the state as the main subject of social policy and social work.
Basic social guarantees are enshrined in the Constitution of the Russian Federation and are confirmed in social policy: They are defined in Art. 7 of the Basic Law of the Russian Federation: “In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, constant support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection."
At the present stage, two main functions are visible in the state social protection system: social payments and social service system for single people, elderly disabled people and other similar categories, based on the principle ofstate bots about socialvulnerablexmembers of the social charity society. At the same time, social protection should extend to all categories of the population through a system of social guarantees.
Social guarantees - this is a long term mechanismactions provided for by law of the state's obligations aimed at implementingconstitutionalrightscitizens.The basis of state socialguarantees should be minimalsocial standards.
Minimum social standards - These are the norms and regulations established by the legislation of the Russian Federation, which establish the minimum level of social protection, below which one cannot fall. The system of state minimum standards consists of interconnected state minimum social standards in the field of:
wages;
pension provision;
education;
healthcare;
culture;
social services;
housing and communal services.
By enshrining in the Law “On State Minimum Standards” the most necessary minimum of social standards, the state makes it obligatory to ensure them for the executive branch at all levels, as well as for employers and entrepreneurs of all types of property, not just state property.
The minimum limits of state guarantees are confirmed by other legislative acts, including the Civil and Labor Codes, the Laws “On Health Care”, “On Education”, “On Culture”, etc.
As state minimum standards in areas of remuneration are installed:
minimum wage;
unified tariff schedule (ETC) for remuneration of public sector workers.
The minimum wage is the level of wages for an unskilled worker, designed to provide him with normal conditions of reproduction. It is established by law or a special agreement.
In Art. 37 of the Constitution of the Russian Federation states that “everyone has the right to work and in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment."
The Labor Code of the RSFSR (Article 78) establishes that “the monthly wage of an employee who has worked the full standard of working time for this period and fulfilled his job duties (labor standard) cannot be lower than the established minimum wage.”
The amount of the minimum wage is usually determined by calculating the subsistence level, which is calculated according to standards for meeting the minimum needs for goods and services, taking into account the price level, and must correspond to it. If there is no such correspondence, this indicates a lagging economic development of the country or the imperfection of the existing distribution system, since the minimum wage is one of the constituent minimum guarantees of the state.
It should be noted that in recent years the minimum wage established by law has become less and less consistent with the subsistence level budget. Thus, at the end of 1991, the minimum wage amounted to 21.0% of the subsistence level budget, in 1992 - 34.1%, in 1993 - 14.2%, in 1994 - 19.3%, in 1995 and 1996 - about 16%. In 1996, the minimum wage was 75,900 rubles, and the cost of living was about 430,000 rubles.
The law of January 9, 1997 established the minimum wage in the amount of 83,490 rubles, which did not exceed 19% of the subsistence level. However, in the industry tariff agreements concluded in 1997, the minimum wage was determined to be more than 300 thousand rubles.
Reducing the gap between the cost of living and the minimum wage should occur in stages. As the economy stabilizes, the Government should index the minimum wage to the subsistence level.
One of the important aspects of minimum social guarantees is the guarantee of protection against unemployment. There are two sides to solving this problem: creating economic conditions for maximum employment and self-employment of the population, on the one hand, and state support, on the other.
State programs to promote employment, adopted annually by the government, as well as the development and implementation of a federal target program for creating jobs and implementing the following activities should be aimed at reducing the unemployment rate:
support for small and medium-sized businesses and home-based work that does not require large investments;
more efficient use of those registered with the employment service in public works;
prevention of unemployment through retraining of workers subject to layoffs without terminating their employment contract;
expansion of the network of private employment assistance bureaus in the regions;
maximum provision of plots of land to individual citizens to provide additional family income, as well as to investors under the obligation to create jobs.
Employment regulation is one of the main directions of social policy. At the same time, solving this problem in market conditions is practically impossible. Indicators of the acceptable level of unemployment, which they tried to develop for the regions of Russia, did not justify themselves. According to scientists, such standards are possible only in the system of cash assistance to the unemployed and are determined by the Law “On Employment of the Population in the Russian Federation” (1991), in new edition (1996).
According to the law, the degree of compensation for lost earnings with unemployment benefits varies from 45% to 75% of the employee’s earnings prior to dismissal, or the minimum wage if he did not work for 12 months before being declared unemployed. The longer the period of unemployment, the lower the degree of compensation for lost earnings, the greater the economic losses, the more the financial situation of the unemployed and his family worsens.
The state guarantees the unemployed:
payment of unemployment benefits;
payment of scholarships during the period of professional training, advanced training, retraining in the direction of the employment service;
the opportunity to participate in paid public works;
reimbursement of costs in connection with voluntary relocation to another area for employment at the suggestion of the employment service;
payment in the amount of the due unemployment benefit (scholarship) from the employment fund for the period of temporary disability for no more than 12 months.
As government socialstandards inregion pension provision, the minimum amounts of state pensions are established. The concept of reform of the pension system, adopted by the Russian Government in 1995, is aimed at bringing the Russian pension system into line with generally accepted world standards.
State regulation remains in the most important elements of the pension system related to the provision of necessary state guarantees.
State educational standards suggest:
a set of publicly available and free services from educational institutions, financed from budgets at various levels;
norms and standards for the maximum capacity of classes and groups in state and municipal educational institutions and the provision of the population with publicly available and free services;
norms and standards of socio-economic support
standard number of students receiving free higher education professional education in public educational institutions and the amount of scholarships.
Standards are determined by federal laws or established by the Government of the Russian Federation.
The Constitution of the Russian Federation (Article 41) defines the minimum social guaranteesin the field of health. To assess the minimum acceptable level of meeting the needs for medical care, indicators of the provision of doctors, hospital beds, and outpatient facilities per 1000 residents in the regions are used.
One of the most important functions of the social protection system is social services, i.e. activities to provide various types of services provided in stationary and non-stationary conditions in the form of legal, material medical rehabilitation, socio-psychological and other types of assistance. State guarantees in the field of social services, norms and standards are determined by the Laws “On the Fundamentals of Social Services for the Population in the Russian Federation”, “On Social Services for Elderly Citizens and the Disabled”, etc.
Until the early 90s, social services for the population were subsidized by the state and only partially paid for by consumers. Currently, the share of payments for services by the population has increased sharply. Only the service sector in the social protection system remained almost entirely subsidized by the state.
A specific type of state social guarantees are provision of housing and subsidies to the population for its maintenance. The sphere of housing and communal services is being transferred to market mechanisms. The concept of this reform involves maintaining subsidies for housing maintenance. Subsidies remain as social support for vulnerable groups of the population.
On May 26, 1997, Decree of the Government of the Russian Federation No. 621 “On federal standards for the transition to a new system of payment for housing and utilities” was adopted. The resolution defines the minimum social standard of living space per person - 18 sq.m., below which a person is recognized as in need of improved housing conditions and has the right to receive preferential treatment, purchase or construction of housing.
Federal standards for the new system of payment for housing and utilities will become the main criterion for determining economic reforms in the regions.
All minimum state guarantees must be determined by the state standard of living standards of the population. The concept of “standard of living” reflects the process of satisfying the material and spiritual needs of people. The structure of the content of this concept can be presented in the form of a system of sets of needs and means of satisfying them.
Currently, only one aspect of this concept is legally defined - the living wage. The subsistence minimum is a concept that characterizes the minimum means of subsistence necessary for the normal reproduction of the labor force and personal development. This is an indicator of the volume and structure of consumption of the most important material goods and services at the minimum acceptable level, providing conditions for maintaining the active physical condition of adults, the social and physical development of children and adolescents.
To establish the cost indicator of the living wage, the concept of a “living wage budget” is introduced. The subsistence budget is a valuation of the in-kind set, and also includes expenses for taxes and other obligatory payments.
The subsistence minimum and its budget as instruments of social policy in conditions of limited material and financial capabilities can be used:
as a basis for targeted social support,
as targets for regulating the income and consumption of low-income groups of the population;
to assess the material and financial resources necessary for the implementation of promising and current social programs, providing targeted in-kind assistance to low-income groups of the population;
to justify the size of the minimum wage and old-age pension;
as one of the criteria for poverty, giving the right to receive various types of social benefits, and in the future - to subsidize poverty.
In addition to benefits and compensation payments established at the federal level, at the level of the constituent entities of the Federation it is planned to develop and improve the system of cash and in-kind assistance to low-income categories of citizens. The amount of such assistance will be determined taking into account the average per capita family income, regional subsistence level, demographic situation and economic opportunities of the region.
So, minimum social guarantees form the basis of the social protection system for the population in a market society. They are established by the state in accordance with the legislation and the possibilities of their financial support:
Part of the overall strategy of any government in the field of public relations is a system of social guarantees. This direction provides for the purposeful activities of the authorities to develop and implement decisions that directly concern each citizen and his situation. The creation of certain forms of protection is carried out taking into account differences between population groups.
Meaning
The main goal pursued by guarantees is the formation of protection of all elements that make up the structure of society, as well as individual individuals from destructive processes that take place at certain stages of development. The activities of the authorities are aimed at the development of groups, classes, strata, and ethnic communities that form the population. Such a policy should contain certain strategic guidelines aimed at achieving global goals for the country. The basis on which socio-economic guarantees are formed is the information obtained from collecting statistical information and performing social research. Analysis and comprehension of the data obtained allows us to develop a competent strategy for achieving particularly significant goals and solving pressing problems.
Power policy in the sphere of incomes
Differences in profit per capita are called differentiation. In a market economy it has always been and remains characteristic feature. It is also noted in countries that have long embarked on the path of development, and which are now at the very beginning. The growth of its indicators is especially characteristic for Russia. State social guarantees are precisely aimed at mitigating established inequality. This is considered today a priority task of the Government of the country. The solution to this issue involves maintaining an optimal ratio between the incomes of the employed (active) part of the population and disabled citizens. This task is achieved through the introduction of taxes and transfers for people’s livelihoods or for them to achieve a certain standard of living.
Decrease in differentiation indicators
The main directions in this policy are:
- Redistribution, regulation, recalculation of citizens' income.
- Supporting the poorest categories and so on.
Redistribution of income is carried out through differentiation of taxes received from different sources. Profit regulation consists of direct intervention in the primary direction of cash flows by establishing either a minimum wage or an upper limit on its nominal size. Of greatest importance, however, is support for the poorest.
Social guarantee
This definition serves as key concept in developing programs aimed at protecting the population from various kinds of destructive social and political processes in the country. It includes various standards that provide citizens with a generally accepted level of consumption - a minimum standard of quality of life, taking into account the capabilities of the national economy.
Primary requirements
The Institute for Public Protection of Citizens must meet the following conditions:
- Have sufficient and necessary volume.
- Have material and financial resources.
- Provide targeting.
- Take into account territorial features.
- Have a mechanism for delivering assistance to recipients.
Characteristic
Social guarantee is an element that is provided to the population in accordance with constitutional provisions. She may be:
- Nationwide.
- Regional.
- Industry.
Protection of the working population
Social guarantees for employees are tools to ensure normal conditions professional activity and receiving payment for it. In Russia, one of these means is the establishment of a minimum wage. Many countries have introduced a minimum hourly wage. Today, the minimum wage in Russia is at a fairly low level. This suggests that the current employment policy is not producing the desired effect.
Social guarantees and compensations
This is a separate area of government activity. It is aimed at the disabled population, which today especially needs protection. The government's strategy must create optimal conditions taking into account each category of such citizens. Receipts for their support are divided into three groups:
Classification of benefits
They are presented in the form of subsidies for:
- Payment of utilities and housing.
- Purchasing medicines.
- Free provision of vehicles, subsidies for fuel and maintenance.
- Taxation.
- Providing vouchers to sanatoriums and resorts.
- Travel on intracity and intercity public transport.
Types of benefits
Monetary compensation is provided:
- Due to poverty.
- Mothers and children.
- For disabled people.
- Veterans, pensioners and elderly people.
- Forcibly displaced persons and refugees.
Functions
Any social guarantee is an element of a public institution for protecting the population. Within its framework, large-scale goals and objectives are set. Their achievement and implementation is carried out according to the program developed by the Government. Strict adherence to the adopted scheme should ensure the intended effect. Social guarantee is, among other things, an effective tool for stabilizing the situation of citizens. It performs the following functions:
Conclusion
The main tasks facing us include stimulating and maintaining economic development and subordinating the production sector to the interests of consumers. At the same time, thanks to the implementation of developed programs, labor motivation and business entrepreneurship of the population are enhanced. All this, in turn, contributes to the achievement and subsequent improvement of living standards, the preservation of natural and cultural heritage, identity and national identity.
In the market socially oriented model of the economy, the role of the social function of the state increases. The government and the state are responsible for providing citizens with social protection and ensuring equal access to basic needs. The poverty level can be considered as a significant indicator of the effectiveness of social protection policies.
Social Security is a combination of a retirement savings program, an insurance program, and a National Income Redistribution program.
Social protection is a set of legally established social norms that the state guarantees to certain segments of the population, as well as, under certain economic conditions, to all members of society (during rising inflation, declining production, economic crisis, unemployment, etc.)
Forms and methods of social protection of the population must ensure the satisfaction of the vital needs of each citizen at a level not lower than the subsistence level.
The subsistence minimum is a cost estimate of the minimum means of subsistence necessary to support the life and renewal of a worker’s labor force. The subsistence minimum is a legally defined basic state social standard, on the basis of which social guarantees and standards are established in the areas of income, utilities, social and cultural services, health care, education, etc.
State social standards and regulations are formed, established and approved in the manner determined by the Cabinet of Ministers of Ukraine.
A feature of social protection is its targeted orientation, that is, social assistance should be provided to those citizens who need it and in a certain amount.
Social and economic guarantees are a method of ensuring that the state meets the various needs of citizens at the level of socially recognized norms and standards.
Consumption standards are the amounts of consumption in physical terms of food, non-food goods of current consumption and some services for a certain period of time (per day, month, year).
Supply standards - a certain amount of durable items that are for personal consumption of the population, as well as the provision of a certain territory with a network of educational institutions, health care, consumer services, transport services, etc.
Income standards are the amount of income of family citizens, which guarantees them satisfaction of needs at the level of consumption and provision standards.
Rational consumption standards are the level of consumption of goods and services for current and long-term use, which guarantees optimal satisfaction of needs.
Minimum consumption standards are a socially accepted level of consumption of food, non-food goods and services, determined according to the norms of social physiological needs.
Statistical standards are standards determined on the basis of indicators of actual consumption of security for the entire population of individual social groups.
State standards in the field of housing and communal services
include:
The maximum rate of payment for services for the maintenance of housing, housing and communal services, depending on the income received;
Indicators of the quality of provision of public services.
State social standards in the field of transport services and communications include:
Standards for providing public transport;
Indicators of the quality of transport services;
Standards for providing the population with communication services;
State social standards in the field of health protection include:
List and volume of guaranteed medical care citizens;
Indicators of the quality of medical care;
Standards for preferential provision of certain categories of the population with medicines and other special means;
Standards for providing food in state and municipal health care institutions, etc.
State special standards in the field of education include:
The list and scope of services provided by state and municipal institutions of preschool, general secondary, vocational and higher education;
Standards for maximum occupancy of classes and groups;
Standards for the ratio of pupils, students and teaching staff;
Standards for material support of educational institutions, etc.
The volume and level of provision with socio-economic guarantees is an indicator of the country’s civilization.
Main directions of implementation of social guarantees:
1) The state must guarantee to everyone employed in the production process:
a) normal level of well-being through a minimum level
Wages and their indexation;
b) moderate taxes;
c) non-interference in business activities.
2) The state must guarantee the satisfaction of the priority needs of citizens and society, which it cannot entrust to each citizen independently:
a) acquisition of general education;
b) raising children and adolescents;
c) personnel training;
d) organization of health protection and development physical culture and etc.
3) The state must help increase the incomes of certain segments of the population who cannot provide a standard of living for themselves and their families at the level of minimum social standards, regardless of their participation in the production process in the following forms:
a) pensions;
b) different kinds help;
c) scholarships;
G) cash payments and their indexing;
d) tax benefits.
The state legally guarantees the satisfaction of priority needs from the budget in minimally sufficient amounts in the form of free services.
Local governments, when developing and implementing local socio-economic programs, may provide additional social guarantees at the expense of local budgets.
The development and implementation of State and local budgets is carried out on the basis of the priority of financing social guarantees and the social sphere.
State targeted support for local self-government is carried out with the aim of equalizing the capabilities of individual territorial societies in relation to the provision of social guarantees at a legally recognized level.
The total amount of goods and services consumed by the population during the corresponding period constitutes the consumption fund.
An unjustified increase in funds allocated for social protection of the population in the total volume of the consumption fund requires additional withdrawal of funds from the wage fund, which ultimately only expands the scale of redistribution, reduces the stimulating role of wages and does not increase the volume of total consumption.
Sources of financing social guarantees
Sources of financing social guarantees are:
The state budget;
Local budget funds;
Insurance funds;
Social Insurance Fund due to temporary disability;
Universal Compulsory Unemployment Insurance Fund;
Insurance Fund for Industrial Accidents and Occupational Diseases;
Health Insurance Fund (at the expense of insurance premiums of enterprises and citizens, as well as charitable contributions from citizens and enterprises, bank loans and other sources not prohibited by the legislation of Ukraine);
State and non-state Pension funds.
Mechanism for implementing social guarantees
The state must guarantee all citizens a minimum of social services and material benefits through the following mechanisms:
Determination of the size of minimum social guarantees:
· minimum wage;
old age pensions;
· scholarships, etc.
Implementation of preventive social measures in connection with price liberalization:
· targeted selective provision of social assistance;
· making compensation payments to vulnerable segments of the population, etc.
Protecting the purchasing power of low-income citizens through monthly review:
· average per capita total income, which gives the right to assistance;
· targeted cash assistance in accordance with changes in the consumer price index.
The main goal of social policy in Ukraine at the present stage is to stop the decline in the living standards of the population and reduce the pressure of the crisis on the least protected segments of the population.
Forms, methods, principles and objects of social protection of the population; legislative regulation. Types and procedure for implementing social guarantees. The amount of compensation when an employee moves to work in another area, the legal consequences of his refusal.
Send your good work in the knowledge base is simple. Use the form below
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
Posted on http://www.allbest.ru/
Ministry of Education and Science of the Russian Federation
Federal State Budgetary Educational Institution of Higher Professional Education
Ural State Economic University
Center for Distance Education
Department of Labor Economics and Personnel Management
Test
by discipline:
Economic and legal regulation of social and labor relations
Social guarantees (types and procedure for their implementation)
Ekaterinburg - 2015
Introduction
1. Social guarantees (types and procedure for their implementation)
1.1 Types of social guarantees
1.3 Social protection objects
2. Organizational and legal forms of social protection of the population
Practical task
Conclusion
List of used literature
INTRODUCTION
In the market-oriented social-oriented model of the economy, the role of the social function of the state increases. The government and the state are responsible for providing citizens with social protection and ensuring equal access to basic needs. The poverty level can be considered as a significant indicator of the effectiveness of social protection policies.
Social Security is a combination of a retirement savings program, an insurance program, and a National Income Redistribution program.
Social protection is a set of legally established social norms that the state guarantees to certain segments of the population, as well as, under certain economic conditions, to all members of society (during rising inflation, declining production, economic crisis, unemployment, etc.)
Forms and methods of social protection of the population must ensure the satisfaction of the vital needs of each citizen at a level not lower than the subsistence level.
Target test work- learn more about social guarantees, their types and the procedure for their implementation.
Main tasks of the test:
1. Study the types of social guarantees
2. Consider the principles of social protection
3. Identify objects of social protection
4. Study the organizational and legal forms of social protection of the population
5. Complete a practical task
1. SOCIAL GUARANTEES (TYPES AND PROCEDURE FOR THEIR IMPLEMENTATION)
1.1 Types of social guarantees
Socio-economic guarantees are a method of ensuring that the state meets the various needs of citizens at the level of socially recognized norms and standards. Machulskaya E.E. Social security law [Text]: textbook for bachelors / E.E. Machulskaya. - 3rd ed., revised. and additional - M.: Yurayt Publishing House; Publishing House Jurayt, 2014. - P. 154.
Rice. 1. Classification of social standards Ibid. - P.155.
Consumption standards are the amounts of consumption in physical terms of food, non-food goods of current consumption and some services for a certain period of time (per day, month, year).
Provision standards - a certain amount of durable items that are for personal consumption of the population, as well as the provision of a certain territory with a network of educational institutions, health care, household, transport services, etc. Income standards - the amount of income of family citizens, which guarantees them satisfaction of needs at the level standards of consumption and provision.
Rational consumption standards are the level of consumption of goods and services for current and long-term use, which guarantees optimal satisfaction of needs.
Minimum consumption standards are a socially accepted level of consumption of food, non-food goods and services, determined according to the norms of social physiological needs. Statistical standards are standards determined on the basis of indicators of actual consumption of security for the entire population of individual social groups.
State standards in the field of housing and communal services include: Guseva T.S. Social security law in Russia [Text]: Tutorial. - M.: YURKOMPANI, 2009. - P. 127.
The maximum rate of payment for services for the maintenance of housing, housing and communal services, depending on the income received;
Indicators of the quality of provision of public services.
State social standards in the field of transport services and communications include:
Standards for providing public transport;
Indicators of the quality of transport services;
Standards for providing the population with communication services;
State social standards in the field of health protection include:
List and volume of guaranteed medical care for citizens;
Indicators of the quality of medical care;
Standards for preferential provision of certain categories of the population with medicines and other special means;
Standards for providing food in state and municipal health care institutions, etc.
State special standards in the field of education include:
The list and scope of services provided by state and municipal institutions of preschool, general secondary, vocational and higher education;
Standards for maximum occupancy of classes and groups;
Standards for the ratio of pupils, students and teaching staff;
Standards for material support of educational institutions, etc.
The volume and level of provision with socio-economic guarantees is an indicator of the civility of the country. Main directions of implementation of social guarantees: Kholostova E.I. Social work [Text]: Textbook for bachelors / E.I. Kholostova. - M.: Publishing and trading corporation "Dashkov and K", 2012. - P.321.
1. The state must guarantee to everyone employed in the production process:
a) a normal level of well-being through the minimum wage and its indexation;
b) moderate taxes;
c) non-interference in business activities.
2. The state must guarantee the satisfaction of the priority needs of citizens and society, which it cannot entrust to each citizen independently:
a) acquisition of general education;
b) raising children and adolescents;
c) personnel training;
d) organization of health protection and development of physical culture, etc.
3. The state must help increase the incomes of certain segments of the population who cannot provide a standard of living for themselves and their families at the level of minimum social standards, regardless of their participation in the production process in the following forms:
a) pensions;
b) various types of assistance;
c) scholarships;
d) cash payments and their indexation;
d) tax benefits.
The state legally guarantees the satisfaction of priority needs from the budget in minimally sufficient amounts in the form of free services.
Local governments, when developing and implementing local socio-economic programs, may provide additional social guarantees at the expense of local budgets.
The development and implementation of State and local budgets is carried out on the basis of the priority of financing social guarantees and the social sphere.
State targeted support for local self-government is carried out with the aim of equalizing the capabilities of individual territorial societies in relation to the provision of social guarantees at a legally recognized level.
The total amount of goods and services consumed by the population during the corresponding period constitutes the consumption fund.
An unjustified increase in funds allocated for social protection of the population in the total volume of the consumption fund requires additional withdrawal of funds from the wage fund, which ultimately only expands the scale of redistribution, reduces the stimulating role of wages and does not increase the volume of total consumption.
The state policy of the Russian Federation in the field of social support for citizens is formed in accordance with the provisions of the Constitution of the Russian Federation.
According to Art. 7 of the Constitution “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. (Article 7, paragraph 1). And also in the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, paternity and childhood, disabled people and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established ( Article 7, paragraph 2). Constitution of the Russian Federation. [ Electronic resource]: - Access from the information and legal portal "Garant"
The Constitution of the Russian Federation also establishes that coordination of issues of family protection, motherhood, paternity and childhood. Social protection, including social security, is under the joint authority of the Russian Federation and the constituent entities of the Russian Federation.
Thus, all of the above guarantees are implemented through the social protection system. The basis of state social guarantees are minimum social standards, that is, minimum levels of social guarantees established by the laws of the Russian Federation or decisions of representative bodies of state power for a certain period of time, expressed through social norms and standards reflecting the most important human needs for material goods, publicly available and free services, guaranteeing an appropriate level of their consumption and intended to determine the mandatory minimum budget expenditures for these purposes.
Social protection is a system of distribution relations, in the process of which, at the expense of a part of the national income, public funds of funds for material support and services for citizens are formed and used; this is the state’s concern for a person who has lost completely or partially the ability to work; the activities of the state to implement the goals and priority tasks of social policy, to implement a set of legally established economic, legal and social guarantees that ensure each member of society respects social rights, including to a “decent” standard of living.
Social protection of the population is practical activities on the implementation of the main directions of social policy.
When developing and implementing social policy, the question of social priorities necessarily arises, that is, social tasks that are recognized by society at this stage of its development as the most pressing and urgent, requiring a priority solution. At the same time, it is necessary not only to support, but also to develop public relations, skillfully combining the interests of various categories of the population, as well as public associations and groups.
In a broad general sociological sense, the term “social protection” first appeared in the United States in the 1930s. and gradually became widespread in Western sociology to designate a system of measures that protect any citizen from economic and social disadvantage due to unemployment, loss or sharp reduction in income due to illness, birth of a child, work injury or occupational disease, disability, old age, loss of a breadwinner, etc. etc., and also became the main attribute of the social policy of any civilized state. Guseva T.S. Social security law in Russia [Text]: Textbook. - M.: YURKOMPANI, 2009. - P. 118.
Social protection of the population is considered by Russian social law as a system of legal guarantees and protective measures that protect members of society from economic, social and physical degradation. It acts as a process of provision by state and municipal bodies of existing guarantees and rights that protect the individual, his economic, socio-political, social needs and interests.
In practical terms, social protection is represented by a complex of legal, economic, social guarantees, enshrined in legislation and in by-laws at the state level using a two-tier system of legal acts - federal and regional legislation.
At the same time, social protection also acts as a process of ensuring by state or other bodies the guarantees and rights existing in society that protect the individual, his economic, socio-political, social needs and interests in all spheres of society. In its action it extends to all members of society, but its functional manifestation in relation to different groups is not the same.
1.2 Principles of social protection
Social protection is based on the following principles: Social security law [Text]: a textbook for students studying in the specialty “Jurisprudence” / [R.A. Kurbanov and others]; edited by R.A. Kurbanova, K.K. Gasanova, S.I. Ozozhenko. - M.: UNITY-DANA, 2014. - P.201.
1. Social partnership - the state solves practical social problems together with interested bodies and organizations.
2. Economic justice - socio-economic support for those who cannot participate in economic relations for objective reasons.
3. Adaptability - the ability of the social protection system for self-development and self-improvement.
4. Priority of state principles - the state acts as a guarantor of ensuring a socially acceptable standard of living for those who cannot achieve this on their own.
5. Preventive measures for social protection - forecasting and preventing social risks at the regional level for their more effective elimination, in particular through a flexible combination of paid and free services.
The principles of social protection are declared in a number of regulations.
The leading principle of social protection is social justice, according to which all members of society are provided with equal access to social benefits and guarantees on a legal basis.
Targeted social protection is a means of ensuring social justice, as it takes into account the individual difficult life situation of a particular person. The criteria for providing targeted social assistance are:
The size of the total family or average per capita income;
Lack of livelihood;
Loneliness and inability to self-care;
Material damage or physical damage (due to natural disasters, disasters).
The contingent of protected people in legislative practice is limited to those categories of the population who are completely or partially deprived of the ability to work and self-sufficiency. Targeted assistance to those in need is provided in accordance with social criteria. The criteria are based on social standards, which are scientifically based indicators of the level of consumption of the most important goods and services, the amount of monetary income and other data characterizing human living conditions.
The principle of economic efficiency focuses on a positive ratio of the costs of social protection and its socio-economic effect. The volume of social expenditures must be in such a ratio that receiving benefits does not become preferable to wages. Contributions to finance the social sphere must be correlated with all economic indicators, including GDP, wage fund, personal income, etc.
Based on the principle of an integrated approach, the tasks of supporting marginalized sections of the population and stabilizing economic and social development—the leading goals of social policy—are most effectively solved. Complexity is ensured by the coordination and consistency of the actions of the subjects of social policy, the unity of goals and directions of their activities.
The principle of social partnership is focused on solving practical social problems by the state together with business, public organizations, and representatives of various levels and branches of government.
The principle of solidarity, the essence of which is the redistribution of income from one socio-demographic group to another.
The principle of adaptability presupposes the ability of the social protection system to self-development and self-improvement.
The principle of economic justice is to protect all participants labor activity by maintaining the ratio of wages between budgetary organizations and subjects of market relations. This principle is implemented in two forms: fair exchange and fair distribution. Social justice presupposes socio-economic support for those who cannot participate in economic relations for objective reasons (disabled people, children, adolescents, students, pregnant women, mothers of many children, etc.) or who have lost their ability to work due to various circumstances.
The principle of priority of state principles suggests that the state should act as a guarantor of economic provision of a socially acceptable standard of living for those who cannot achieve this on their own.
The principle of economic independence of local authorities highlights the role of local authorities. Social benefits and other payments at the federal level are guaranteed in a minimum amount. All payments above this level are made from the local budget and local funds so that the population of the region and its administration are interested in the development of the economy of their own region.
The right to preventive measures for social protection makes it possible to predict social risks at the regional level in order to more effectively eliminate them. Prevention of social risks is carried out by different mechanisms(for example, in case of job loss - assistance in finding a job). The combination of paid and free services allows you to satisfy a wide range of people's social needs.
Social law identifies a number of subjects of social responsibility for the quality of life of the population.
The most important subject of social protection of the population is the state, which develops and implements social protection measures. It provides a minimum level of social guarantees, creates conditions for people’s livelihoods, develops a legal basis for social protection and organizes the work of non-budgetary state social insurance funds.
Public organizations actively influence the improvement of social security of citizens. 49% non-profit organizations belong to the category of public associations and carry out their activities in the social sphere.
The role of employers in the social protection system is increasing, which is associated with the development of the domestic economy. Successful enterprises and firms with significant financial resources are increasingly providing their employees with additional social benefits: payment for rest, treatment, long-term interest-free loans, food, payment for transport. .
The modern concept of social protection proceeds from the fact that it should not be reduced to free help. The main subject of social protection of able-bodied citizens is a person who realizes his needs and interests in the sphere of social and labor relations.
1.3 Social protection objects
Federal and regional legislation identifies the following categories of the population protected by certain legal acts, since without protective measures they will be in a difficult life situation: Social security law [Text]: textbook for students studying in the specialty “Jurisprudence” / [R.A . Kurbanov and others]; edited by R.A. Kurbanova, K.K. Gasanova, S.I. Ozozhenko. - M.: UNITY-DANA, 2014. - P. 329.
· elderly citizens who are single and living alone;
· disabled people of the Great Patriotic War and families of fallen military personnel;
· disabled people, including those disabled since childhood, and disabled children;
· citizens who suffered from the consequences of the accident at the Chernobyl nuclear power plant and radioactive emissions in other places;
· unemployed;
· forced refugees and migrants;
· children - orphans, children left without parental care and the family in which they live;
· children with deviant behavior;
· low-income families;
· large families;
· single mothers;
· citizens infected with HIV or suffering from AIDS;
· persons without a fixed place of residence.
For these categories, social protection is considered as a system of permanent or long-term measures guaranteed by the state, providing conditions for overcoming a difficult life situation. These measures are aimed at creating protected categories of the population equal opportunities to participate in the life of society with other citizens. These include social assistance and social support.
Social assistance is periodic or regular activities that help eliminate or reduce a difficult life situation.
In accordance with Article 1 of Federal Law No. 178-FZ of July 17, 1999, state social assistance means the provision of social benefits, subsidies, compensation or vital goods to low-income families or citizens living alone at the expense of the budget. A person is considered low-income if his monthly income is less than the minimum subsistence level established in the region of his residence.
A benefit is a sum of money provided free of charge. Kholostova E.I. Social work [Text]: Textbook for bachelors / E.I. Kholostova. - M.: Publishing and trading corporation "Dashkov and K", 2012. - P.248. It is non-targeted. That is, its recipient can dispose of the money at his own discretion. Payment of benefits is an auxiliary measure; its purpose is to support a person, and not to fully provide him with material resources.
Unlike a benefit, a subsidy has a specific purpose and represents payment for material goods or services provided to citizens.
Compensation is the reimbursement to citizens of expenses incurred by them, and not any expenses determined arbitrarily according to their needs, but established by the state. Right there. - P.249. The appointment and payment of benefits and compensation is also carried out by the relevant departments of the territorial bodies of social protection of the population.
Social support is one-time or episodic short-term activities that are not directly aimed at eliminating a social problem, but help reduce it. Kholostova E.I. Social work [Text]: Textbook for bachelors / E.I. Kholostova. - M.: Publishing and trading corporation "Dashkov and K", 2012. - P.249.
Social protection provides all disabled and socially vulnerable layers and groups of the population, in accordance with the procedure established by law, with advantages in the use of public consumption funds, direct social assistance, and tax reduction. Social protection not only has a clear targeted focus, but is also distinguished by the diversity of its methods and forms and is complex in nature. Along with social security, they are used various shapes social assistance and support, including various forms of social services, counseling and psychological assistance.
legislative social guarantee compensation
2. ORGANIZATIONAL AND LEGAL FORMS OF SOCIAL PROTECTION OF THE POPULATION
The leading organizational and legal forms of social protection of the population are: Machulskaya E.E. Social security law [Text]: textbook for bachelors / E.E. Machulskaya. - 3rd ed., revised. and additional - M.: Yurayt Publishing House; Publishing House Jurayt, 2014. - P.209.
· pension provision;
· provision of social payments, subsidies, compensations and benefits to categories of the population in need of state social assistance;
· state social insurance;
· social services.
The right to social security is one of the basic socio-economic rights of the population: “Everyone is guaranteed social security in cases of illness, disability, loss of a breadwinner, for raising children and in other cases established by law” (Constitution of the Russian Federation, Article 39).
Pension provision guarantees the constitutional right of citizens to security in old age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law. Pension relations in Russia are regulated by the laws “On State Pensions in the Russian Federation” and “On Labor Pensions” of December 17, 2001. The grounds for providing labor pensions are insurance risks: reaching the age of incapacity for work, the onset of disability, the loss of a breadwinner. The grounds for state pension provision are different, for example, the achievement of length of service. The legislation subdivides pensions: labor pensions for old age, disability, and loss of a breadwinner; state pensions for WWII participants, military personnel and members of their families, civil servants for length of service and allocates pensions to disabled citizens who are not entitled to labor pensions (social pensions). In accordance with the law, pensions are divided into state and labor. Citizens who for some reason do not have the right to a pension in connection with labor and other socially useful activities are provided with a social pension. Pensions are subject to indexation in connection with the increase in the cost of living in the manner prescribed by law.
The right to an old-age labor pension with at least 5 years of service is available to men upon reaching 60 years of age, and women upon reaching 55 years of age. Certain categories of workers (miners, military) are granted pensions on preferential terms (at a lower age and length of service).
The main criterion for the conditions and standards of pension provision is labor and its results. Pension legislation ensures the right of citizens to choose one of the types of pensions. An exception is established only for persons who have become disabled due to military trauma, who can simultaneously receive two types of pensions: old age and disability. Working pensioners are paid a full pension and are also provided with a bonus for each year worked. Certain rules have also been established for the recalculation of other types of pensions.
The circle of persons receiving a social pension includes: disabled people, including disabled people since childhood; children under the age of 18 who have lost one or both parents, citizens who have reached retirement age. The social pension does not depend on the participation of citizens in socially useful work and is set in an amount that depends on the minimum labor pension and is calculated in a certain ratio.
Pension payments are financed by the Pension Fund of the Russian Federation (PFR). The Pension Fund of the Russian Federation was created in 1990 for the purpose of state financial management of pension provision in the Russian Federation. The Pension Fund of Russia is an independent financial and credit institution and is under the jurisdiction of the Government of the Russian Federation. The rate of insurance contributions to the Pension Fund is determined by federal law. The funds of the Pension Fund are formed from:
· employers' insurance contributions,
· insurance contributions of citizens engaged in individual entrepreneurial activities;
· insurance contributions of other categories of working citizens;
· allocations from the federal budget.
Non-state pension funds operate independently of the state pension system. Payments from these funds are carried out along with payments of state pensions. Non-state pension provision can be provided in the form of additional professional programs, and in the form of personal pension insurance of citizens.
An important stage in the implementation of the concept was the adoption of the Federal Law “On individual (personalized) accounting in the state pension insurance system.” Additional pension provision is provided by non-state pension funds (NPF);
An important legal form of social protection of the population is the law “On State Social Assistance”, which regulates state social assistance to low-income citizens and families at the expense of regional budgets and monthly cash payments (MAP) at the expense of the federal budget and “social packages” for certain categories of the population included to the federal register. The system of social support for the population under this law is based on regional budgets. The right to receive one-time state social assistance under this law is granted to especially needy pensioners, disabled people, and other disabled citizens whose total average per capita income does not exceed the minimum established at the regional level.
The financial source of social security is the current income of participants in social production, withdrawn through taxation (income tax) and targeted contributions from employers and employees. These taxes and contributions, in addition to the Pension Fund of the Russian Federation, form the Social Insurance Fund, which forms the financial basis of social insurance benefits.
The objects of state social insurance are the temporarily economically inactive population.
Social insurance acts as an institution for protecting the economically active population from the risks of loss of income (wages) due to loss of ability to work (illness, accident, old age) or place of work.
The following are highlighted as social insurance risks: Guseva T.S. Social security law in Russia [Text]: Textbook. - M.: YURKOMPANI, 2009. - P. 195.
· need for medical care;
· temporary disability;
· work injury and occupational disease;
· motherhood;
· disability;
· the onset of old age;
· loss of a breadwinner;
· recognition as unemployed;
· death of the insured person or disabled dependent family members.
The main task of the Social Insurance Fund is to provide state-guaranteed benefits for temporary disability, pregnancy and childbirth, at the birth of a child, for child care upon reaching one and a half years of age, for burial, for sanatorium treatment and health improvement of workers and members of their families.
Formation modern system social insurance occurs on the basis of the adoption of a number of laws: “On medical insurance of citizens in the Russian Federation” (1993), “On employment in the Russian Federation” (1991), “On the principles of compulsory social insurance” (1999), “On compulsory social insurance against industrial accidents and occupational diseases" (1998), "On compulsory pension insurance in the Russian Federation" (2001).
Currently, there are two forms of social insurance: mandatory (by law for subjects of insurance - state) and voluntary. Typical types of social insurance are pension, medical, and industrial accident insurance.
State pension insurance is a type of insurance carried out through contributions from employers and employees in order to provide citizens with labor pensions for old age, disability, and in the event of the loss of a breadwinner.
The Law “On Medical Insurance of Citizens in the Russian Federation” determined the legal, economic and organizational foundations of this institution of social protection. The purpose of health insurance is to guarantee citizens, in the event of an insured event, receiving medical care at the expense of accumulated funds. In accordance with the Law, health insurance is represented by two types:
· mandatory;
· voluntary.
Compulsory health insurance is universal for the population of the Russian Federation and is implemented in accordance with programs that guarantee the volume and conditions of providing medical care to citizens.
Voluntary health insurance is carried out on the basis of programs that provide citizens with services in excess of those established in compulsory health insurance programs on the basis of payment for services by citizens or organizations.
In accordance with the Law, funds for compulsory health insurance (employee insurance payments) are concentrated in the Federal and Territorial (regional) compulsory health insurance funds. Compulsory health insurance is thus provided by a system of funds consisting of the federal fund and territorial funds of compulsory health insurance in the constituent entities of the Federation. The insurance rate of contributions for compulsory health insurance paid by employers and other payers is determined by the federal law of the Russian Federation.
The Constitution of the Russian Federation (Article 41) defines minimum social guarantees in the field of healthcare. Constitution of the Russian Federation. [Electronic resource]: - Access from the information and legal portal "Garant" To assess the minimum acceptable level of meeting the needs for medical care, indicators of the provision of doctors, hospital beds, and outpatient facilities per 1000 residents in the region are used.
New entities are appearing in the healthcare system - medical insurance organizations that select medical institutions and pay for medical and preventive care provided to insured persons. Since 1993, compulsory health insurance has been included in the Russian social insurance system, which is financed in the form of contributions by the majority of employers of all forms of ownership, as well as by the state directly from the budget. Health insurance has come to be considered as the most adequate health care system for a market economy, improving the quality of medical services.
Insurance contributions of most enterprises amount to 26% of the wage fund. The amounts of contributions for certain types of social insurance in relation to accrued wages are:
· to the Pension Fund - 19%;
· to the Social Insurance Fund - 3.4%;
· to the Compulsory Medical Insurance Fund - 3.6%.
The following are established as state minimum standards in the field of wages:
· minimum wage (minimum wage);
· living wage for the working population.
Minimum social guarantees in the field of wages will not be valid until the economic function of wages is restored. In terms of social protection, this is important, since wages are not only an economic category, but also a moral one, designed to provide a person with a certain social status.
One of important aspects minimum social guarantees are guarantees of protection against unemployment. There are two sides to solving this problem: creating economic conditions for maximum employment and self-employment of the population - on the one hand, and state support - on the other hand. State employment promotion programs adopted annually by the government, as well as the implementation of the federal government, are aimed at reducing the unemployment rate. target program creating jobs.
The state guarantees the unemployed:
· payment of unemployment benefits;
· assistance in finding a suitable job;
· payment of scholarships during the period of professional training, advanced training, retraining in the direction of the employment service;
· the opportunity to participate in paid public works and temporary work.
Unemployment benefits are provided from regional budgets, paid during the year of unemployment, subject to an active search for suitable work through the Employment Center and equal to the subsistence minimum for a given subject of the Federation in the first 4 months of unemployment (later it decreases).
An important link in the social protection of the population is legally required programs for employment, retraining and housing, aimed primarily at young people.
To stimulate the economic independence of young people, vocational training or retraining and socio-psychological preparation for entering the role of economically independent taxpayers are offered. This policy leads not only to a decrease in the number of unemployed, but also to other positive effects. To reduce the number of unemployed, “income policy” and monetary policy are also actively used.
Thus, social protection is carried out at the expense of the federal and regional budgets, and specially created extra-budgetary social funds.
PRACTICAL TASK
Accountant Novitsky, who worked for state enterprise Yekaterinburg, was invited to the position of chief accountant of Onyx CJSC in Krasnoyarsk. According to the agreement concluded between the parties, the company undertook to reimburse all actual expenses for the relocation of his family, consisting of his wife, a schoolboy son and a pensioner mother, to pay a one-time allowance in the amount of 3 months' official salary of the chief accountant for himself and in the amount of a month's salary for each a family member coming with him and within 30 days from the date of departure to a new place of work, provide a three-room apartment.
What compensation, to whom and in what amount are paid according to the law when moving to work in another area? Can the amount of compensation be increased by agreement of the parties? What are the legal consequences of an employee’s refusal to perform work in a new place, depending on the reasons and grounds for the refusal?
The procedure and amount of reimbursement of expenses when moving to work in another area for employees who have entered into an employment contract to work in federal government agencies, employees of state extra-budgetary funds of the Russian Federation, federal government agencies are determined by regulatory legal acts of the Government of the Russian Federation (part two as amended by the Federal Law dated 04/02/2014 No. 55-FZ)
1. Expenses incurred when moving to another area are compensated to the employee if there was a preliminary agreement on the move between the employee and the employer. In this case, the employer is obliged to reimburse the employee for expenses incurred in connection with the move. The procedure for reimbursement of expenses and the amount to be reimbursed are determined by agreement of the parties to the employment contract; no minimum amount of compensation has been established.
2. Article 169 of the Labor Code provides for compensation to the employee in connection with the move of two types of expenses: the actual move and the settlement in the new place. Since Art. 169 of the Labor Code does not mention the payment of a one-time benefit to the employee and members of his family, as well as wages for the days of preparation for travel and arrangement in a new place, these amounts are reimbursed only by agreement of the parties to the employment contract.
3. Reimbursement for moving expenses may be related to:
With the transfer of an employee to work in another area;
With employment in an organization located in another area;
With the transfer of the organization with which the employee has an employment contract to another location.
4. The amounts of these types of compensation, as well as other types of compensation and their amounts are determined by agreement of the parties to the employment contract.
5. The amount of reimbursement of expenses when moving to another area for employees of organizations financed from the federal budget is established by Decree of the Government of the Russian Federation of April 2, 2003 No. 187 (SZ RF. 2003. No. 14. Art. 1285). They are compensated:
Moving expenses;
Expenses for transporting property;
Construction costs.
6. Moving expenses consist of travel expenses for the employee himself, his family members, and luggage. These expenses are reimbursed if the employer does not provide the employee with transportation and (or) luggage transportation.
Members of the employee's family whose travel expenses are compensated include the husband, wife, as well as children and parents of both spouses who are dependent on him and live with him.
If higher amounts of compensation are not established by agreement of the parties, the following travel costs are subject to compensation: by rail- in the compartment carriage of a fast branded train; by water transport - in the cabin of the V group of a sea vessel of regular transport lines and lines with comprehensive service passengers, in a category II cabin on a river vessel of all lines of communication, in a category I cabin on a ferry boat; by air - in the economy class cabin; by car- in a public vehicle (except taxi).
In the absence of travel documents confirming the expenses incurred, reimbursement is made in the amount of the minimum cost of travel: by rail - in a reserved seat carriage of a passenger train; by water transport - in the cabin of group X of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of category III of a river vessel of all lines of communication; by road - in a public bus.
Baggage transportation is paid at the rate of 500 kg for the employee himself and 150 kg for each moving family member, provided that luggage is transported by rail, water and road transport (public). In the absence of these types of transport, the costs of transporting this property by air from the nearest railway station to the place of work or from the nearest sea or river port open for navigation at a given time may be paid. By agreement of the parties, the actual costs of transporting property in larger quantities may be paid.
The cost of travel for family members and transportation of their property is paid if they move to the employee’s new place of residence before the expiration of one year from the date of his move.
Travel and baggage expenses are not reimbursed if the employer provides the employee with appropriate means of transportation.
7. Expenses for settling into a new place of residence are reimbursed based on the employee’s official salary at his new place of work for the employee himself and a quarter of the specified amount for each member of his family moving with him.
8. Article 169 of the Labor Code does not indicate the employer’s obligation to pay the employee daily allowances for the time he is on the road, therefore these amounts are paid only by agreement of the parties. In organizations financed from the federal budget, their amount is 100 rubles. for each day of travel. Daily allowances are paid only to the employee himself.
9. The employee is obliged to return in full the funds paid to him in connection with moving to work in another area in the following cases:
A) if he did not show up for work or refused to start work without a good reason;
B) if, before the end of the period of work stipulated during the transfer, assignment or hiring, and in the absence of a specific period - before the expiration of one year of work, he resigned of his own free will without a good reason or was dismissed for guilty actions that, in accordance with the law, were grounds for termination of the employment contract.
An employee who does not show up for work or refuses to start work for a valid reason is obliged to return the funds paid to him minus travel expenses already incurred.
CONCLUSION
The social policy of the state is designed to regulate relations between society and government structures, individuals and social institutions.
The basic foundations of such regulation are a system of social guarantees and established standards that ensure the implementation of social rights and personal freedoms provided for by the legislation of the Russian Federation: the right to work, rest, education, health care. In practice, this means that the government pursues a paternalistic policy towards various social groups of the population, the most vulnerable of which are women and children. Paternalism translated from Latin means “fatherly.” “Paternalistic science” basically presupposes increased attention and a serious, “fatherly” attitude of state structures towards their citizens.
The Russian government seeks to shift to public institutions, including non-governmental organizations, foundations, including humanitarian ones, the concern for the protection and survival of the country's population. At this stage, socially vulnerable segments of the population became the main objects of social policy of public protection.
A change has taken place: instead of “social policy” in the Russian Federation, since 1992, “social security” of the population has emerged. The innovation was institutionalized in the form of the formation of the Ministry of Public Protection of the Population of the Russian Federation, which exercised its functions until 1996. The main lever of social security policy has become not social guarantees and standards, but individual benefits and personal assistance.
LIST OF REFERENCES USED
1. Constitution of the Russian Federation. [Electronic resource]: - Access from the information and legal portal “Garant”
2. Labor Code RF. [Electronic resource]: - Access from the information and legal portal “Garant”
3. Guseva T.S. Social security law in Russia [Text]: Textbook. - M.: YURKOMPANI, 2009. - 275 p. - (Series “Higher legal education”).
4. Machulskaya E.E. Social security law [Text]: textbook for bachelors / E.E. Machulskaya. - 3rd ed., revised. and additional - M.: Yurayt Publishing House; Publishing house Jurayt, 2014. - 587 p. - (Series “Bachelor. Advanced course”).
5. Social Security Law [Text]: a textbook for students studying in the specialty “Jurisprudence” / [R.A. Kurbanov and others]; edited by R.A. Kurbanova, K.K. Gasanova, S.I. Ozozhenko. - M.: UNITY-DANA, 2014. - 439 p. - (Series “Jurisprudence. REU named after T.V. Plekhanov”).
6. Kholostova E.I. Social work [Text]: Textbook for bachelors / E.I. Kholostova. - M.: Publishing and trading corporation "Dashkov and K", 2012. - 612 p.
Posted on Allbest.ru
Similar documents
Social policy of the state: essence, functions, principles and directions of its implementation. Policy of social protection and social guarantees from the state. Characteristics and features of social policy of the Republic of Belarus at the present stage.
course work, added 09/23/2010
The essence of population income policy. Income inequality. Lorenz curve, Ginny coefficient. Forms of social protection. Social guarantee policy. The mechanism for regulating household incomes and social protection policy in the Republic of Belarus.
course work, added 09/23/2010
The essence and concepts of social policy. Main directions of social policy and ways of its implementation. State social security system. Social protection of the population. Instruments and programs for social protection of the population, social guarantees.
course work, added 11/17/2009
Social protection of the population: essence, basic forms, principles and tools. Features and methods of implementing social protection in the Republic of Belarus during the transition to the market, development prospects. The main goal of the employment policy.
course work, added 11/06/2010
Studying the essence of state minimum social standards. Consideration of the regulation of development processes, support and social protection of the population in new market conditions. Factors destabilizing social development and standard of living.
course work, added 02/18/2015
Social policy, its goals, principles and functions. The amount of income of the population as one of the most important characteristics of the effectiveness of social policy. Causes and factors of income differentiation. Main directions of implementation of social policy in Belarus.
course work, added 09/17/2010
Scientific concepts regarding the calculation of income. Types of income of the population and their sources. Measuring inequality in income distribution. Social justice in income distribution. State system of social protection and social guarantees.
course work, added 02/22/2011
Problems of social protection and support of the population in conditions of economic recession in the country. Types and forms of social support. Indexation of monetary income of the population of Ukraine. Payment of pensions, scholarships, unemployment benefits. Strategy for overcoming poverty.
course work, added 11/04/2009
The concept and essence of social protection of the population, its principles and main functions. Features of the modern economy of the social sphere during the crisis, anti-crisis measures of the government of the Russian Federation. Problems of the social protection system.
course work, added 04/17/2011
The concept of a lease and its types, the procedure for drawing up and requirements for the relevant agreement. Leasing and its characteristics, types and forms of implementation. The essence and specific features of franchising. Principles and significance of their legal regulation.