Averyanova M.I. —
The right to social security of State civil servants from the standpoint of chronodiscret monogeographic comparative jurisprudence (HMP)
// Genesis: Historical research. – 2022. – ¹ 2.
– P. 47 - 64.
DOI: 10.25136/2409-868X.2022.2.34991
URL: https://en.e-notabene.ru/hr/article_34991.html
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Abstract: The article examines the features of the legal regulation of social security of state civil servants from the standpoint of the methodology of chronodiscret monogeographic comparative jurisprudence. Within the framework of this methodology, various aspects of the formation and implementation of the right to social security by state civil servants have been studied since the period of the XVIII century. The object of the study was public relations on pension and medical provision of civil servants and their family members, as well as social services for civil servants. The subject of the study is the legal norms regulating these relations, as well as scientific research conducted in the field of social security of civil servants. The scientific novelty of the study is to identify the features of the current state of legal regulation of social security of civil servants, taking into account the history of its development in the conditions of legislative consolidation of guarantees of social security of civil servants, decrees of the President of the Russian Federation on the further development of social guarantees of civil service. The paradox of the modern stage of social security of civil servants is the fact that most of the provisions of the Law on Civil Servants establishing guarantees of social security of civil servants have not yet been implemented in practice and are essentially declarative. Thus, the norms on state pension provision for family members of civil servants, on mandatory state social insurance in case of illness or disability during the period of civil service, on mandatory state insurance, as well as on special medical insurance for civil servants and their family members have not been implemented.
Averyanova M.I., Gusev A.Y. —
Social security of state civil servants in form of insurance
// Administrative and municipal law. – 2020. – ¹ 4.
– P. 25 - 44.
DOI: 10.7256/2454-0595.2020.4.32750
URL: https://en.e-notabene.ru/ammag/article_32750.html
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Abstract: The subject of this research is the legal norms and law enforcement practice in the area of social security of civil servants trough implementation of insurance mechanism. The object of this research is insurance as a special organizational-legal form of social security of the citizens. A detailed analysis is conducted on the various forms and types of insurance (compulsory and voluntary, social and state), offered by a legislator in social security of this category of employees. Special attention is given to the compulsory state social insurance, its legal nature, peculiarities of medical insurance of civil servants. The scientific novelty consists in carrying out a summarized analysis of the development and current state of legal regulation and law enforcement practice on the questions of establishment and implementation of insurance mechanisms of social security of civil servants. It is determined that the right of civil servants to social security is exercised mostly through implementation of various forms and types of insurance mechanisms of heterogeneous sectoral nature. The compulsory state social insurance is envisaged only with regards to civil and municipal servants, and represents a subtype of compulsory social insurance. There is a need for legalization of this concept by means of introduction of corresponding amendments to social-insurance legislation. Compulsory state insurance also has the key features of social-security relations, which allows viewing it as one of the organizational-legal forms of the system of social security. The author suggests regulating the question of insurance coverage of civil servants on the federal level in case of infliction of harm to their life and health while on service, as well as pass a law on medical insurance of public servants.
Averyanova M.I. —
Topical Issues of Exercising the Right to Housing by Civil Servants
// NB: Administrative Law and Administration Practice. – 2019. – ¹ 1.
– P. 10 - 32.
DOI: 10.7256/2306-9945.2019.1.28977
URL: https://en.e-notabene.ru/al/article_28977.html
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Abstract: The subject of the research is the housing laws and regulations that define the legal statu sof civil servants and associated law-enforcement practice. The object of the research is the social relations arising in the process of civil servants executing their constitutional right to housing. The author of the article also examines peculiarities of the main guarantees of civil servants' housing rights. She focuses on the judicial practice that plays an important role in defining the most topical issues, particular disputes and recommendations on how to improve the current legislation. The research is based on the use of the systems analysis and generalisation of regulatory, theoretical and practical data and the method of comparative law. The scientific novelty of the research is caused by the fact that the author covers the problems that may arise in the process of exercitising the housing rights of civil servants (in both federal districts and Russian Federation constituents) as a special professional grpu which can be used in the Russian law for further improvement of the civil service. The author also summarizes judicial practice on housing rights that involved both federal and Russian Federation civil servants. The researcher offers her definition of guarantees of hosing rights of civil servants as the legal obligations of the government to provide social benefits (housing or financial funds to buy housing) and protect the social statu sof civil servants as well as to increase the level of stability of state officials and compensate for restrictions set forth by the law for civil servants. As a conclusion, the author also describes the main means and methods of protection of civil servants' housing rights and issues that may arise in the process of exercising their housing rights.