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
Read the article
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
Read the article
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. —
Legal regulation of social services in the regions of the Russian Federation
// Administrative and municipal law. – 2017. – ¹ 6.
– P. 35 - 49.
DOI: 10.7256/2454-0595.2017.6.22959
URL: https://en.e-notabene.ru/ammag/article_22959.html
Read the article
Abstract: The research subject is the set of legal provisions regulating the peculiarities of social services in the regions of the Russian Federation in the context of reforming the legislation in the sphere of social services. The purpose of the study is to analyze the set of problems in the sphere of legal regulation of social services on the regional level. The study is based on the legislative acts in the sphere of social services of Arkhangelsk, Ivanovo and Nizhny Novgorod regions. Special attention is given to the types of social services in these regions and to the problem of establishment of the charge for social services. The author applies system analysis and the comparative legal method of scientific cognition. The scientific novelty of the study consists in the complex legal analysis of the legal provisions of the federal and regional legislation in the sphere of social services; in the comparison of legal regulation of social services in Russian regions, and in the development of recommendations and proposals about the further improvement of social legislation in Russia. The results of the research can be used in the law making activities of federal and regional authorities aimed at the improvement of legal regulation of social services, and in research activities.
The author formulates the following proposals:
1) Some services, offered in the regions of the Russian Federation in the sphere of social welfare, are the same as social services, which should be guaranteed by regional authorities in accordance with other provisions in the sphere of social welfare (particularly, in the sphere of health protection and healthcare delivery) and the provisions of other branches of law (for example, in the sphere of education). This fact proves a complex and intersectoral nature of social services;
2) It is necessary to formalize not an approximate but a minimal list of social services on the federal level according to the types of social services with an opportunity to extend this list on the regional and municipal levels;
3) It is necessary to formalize on the federal level the methodological recommendations for the detection of persons who need social services, containing particular measures, which would help reveal such persons.