The right to social security of State civil servants from the standpoint of chronodiscret monogeographic comparative jurisprudence (HMP)

Averyanova Mariya Igorevna PhD in Law Associate Professor at Nizhny Novgorod Institute of Management, the branch of the RANEPA 603162, Russia, Nizhny Novgorod, Gagarina, 46 miaverianova@yandex.ru Other publications by this author

The legal regulation of social security is characterized by the constant dynamics of its development, reflecting the constant reform of this sphere of public life by the state.

At the same time, certain institutions and sub-institutions of social security law in the course of the historical development of Russia in certain periods of time due to some circumstances, often due to socio-political cataclysms, ceased to exist, but subsequently revived and continued their development.

One of the examples of such a legal phenomenon of chrono-rupture in the operation of a legal institution (subinstitute) is demonstrated by various legal institutions and subinstitutions of social security law, including in relation to such a professional group as state civil servants. The existence of the phenomena of chrono-rupture is confirmed by various sources and, first of all, regulatory legal acts (pre-revolutionary Russia, Soviet and post-Soviet periods), scientific research in the field of the history of social security conducted by E. I. Astrakhan ^[1], Yu. V. Pripravko ^[2], D. A. Kvasov ^[3], I. V. Sivakova ^[4] and other scientists.

In order to understand such chronodiscret legal institutions (sub-institutes) in the field of social security law, to study the problem of formation and further development of the right to social security of state civil servants (GGS), a methodology, the conceptual foundations of which were formulated in 2003-2009 by Professor at the Ministry of Internal Affairs of the Russian Federation A. A., can provide significant assistance at the present stage of the development of scientific knowledge. Demichev. This methodology has received the name of the scientific school of chronodiscret monogeographic comparative jurisprudence (KHMSP), whose scientific approaches in recent years have been quite actively used in cognitive research activities in various branches of legal sciences.

The conceptual feature of the HMS methodology, formed at the junction of the history of state and law and comparative jurisprudence, is a comprehensive comparison of a state or legal institution that has a time gap during which it did not exist, namely, the features of a legal institution before the time gap and its counterpart in the modern period. A comprehensive comparison is preferably carried out from history to the present and includes an analysis of the regulatory framework, an analysis of the problems of the establishment and formation of the institute, an analysis of the practical activities of the institute. One of the tasks of such a study is to develop practical recommendations for improving the current legislation ^{[5, p. 6-12],[6, p. 7-16]}.

At the same time, in the law of social security, this methodology has not yet found its visual manifestation, although, as will be further discussed in this article, certain sub-institutions of the legal institute of social security (primarily pension provision) fully meet the signs of chronodiscreteness.

In these conditions, it seems very relevant to apply certain approaches of this methodology to the study of some problematic aspects in the field of social security, in this case, in relation to the formation and implementation of the right of civil servants to certain types of social security. The application of the HMSP approach in the science of social security law will allow the most complete and comprehensive study of the institutions and sub-institutions of this branch of law, which will eventually allow them to present their overall vision in development (dynamics), i.e. from the point of view of both the present, the past, and the future. This way of cognition contributes to the multilateral study of legal phenomena.

The object of this 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 this area. 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 context 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. At the same time, it should be borne in mind that Decree of the President of the Russian Federation No. 288 dated June 24, 2019 "On the main directions of development of the State civil service of the Russian Federation for 2019 - 2021" among the main directions of development of the civil service is the development of social guarantees in the civil service.

The social and material provision of "serving people" initially (late XV-early XVIII centuries) was characterized by a natural form of lifelong maintenance as a material reward for service "for the benefit of the state", as a rule, without formal legal registration (feeding)" ^{[3, p. 65]}, as well as "in the form of subsistence estates" ^{[2, pp. 38-131]}.

Actually, the human right to social security (primarily in the form of pensions and benefits), which was originally aimed primarily at civil servants, and understood from the point of view of modern science as a means of maintaining a person's social status by ensuring his income in situations of social risk ^{[7, p. 9]}, has become to be provided by the state later, starting with the reign of Peter I. Social risks traditionally include childhood, old age, illness, disability, death of the breadwinner, unemployment, the birth of a child.

The historical and legal literature ^{[8, pp. 563-565]} testifies to the final formation of the civil service at the beginning of the XVIII century - with its final separation from the military, the introduction of the principle of "seniority", the formation of the legal foundations of material and social security of civil ranks.

Starting from the time of Peter the Great, the material and social state guarantees of civil ranks began to receive their normative consolidation. Differentiation in the social and material provision of civil servants depended on the type of civil service, since until the revolutionary transformations of 1917, the features of the civil service were distinguished by individual departments, for example, educational, "scientist" (scientific), medical, mining, court ^{[9, p. 170]}.

The well-known jurist of the period of tsarist Russia N. M. Korkunov pointed out that the right to material security (which included not only remuneration, but also pensions for both the employee and his family members, lump-sum benefits, etc.) is intended to give employees the opportunity to devote themselves to their official activities, while occupying in society a position corresponding to his official rank ^{[10, pp. 405-406]}.

During the formation of Soviet labor law and Soviet science, these provisions on the material (as well as social) provision of civil servants, along with employees of other professional groups, received the definition of "guarantees", the legal institution of which, since Soviet times, has been actively developed. Normative means, methods and conditions of legal and social protection, ensuring the realization of the rights of civil servants and the effective performance of their official duties, designed to strengthen the stability of the professional composition of civil service personnel and compensate for the restrictions established by current legislation, as G. A. Malysheva reasonably writes, are one of the most important state guarantees of civil servants ^{[11, p. 46]}.

Initially, social security (pensions, social and medical services) for civil servants, pensions - for widows and children of those killed or died in the service were provided for naval officials who were assigned to the military department - on the basis of the Naval Charter of 1720 ^[12]

The social and material provision of civil servants until the second half of the XVIII century was covered by assigning them mainly the amount of "salary" with additional payments according to the states approved by the monarch for institutions, i.e. initially only remuneration was guaranteed. Social security (in the form of pensions) of civil servants was initially considered by the state (represented by the monarch) as an award, which was granted only to individual civil servants solely on a personal basis based on the will of the monarch. This phenomenon was observed during the reign of Anna Ioannovna (1730-1740) and Anna Leopoldovna (1740-1741), and was further continued during the reign of Elizabeth Petrovna (1741-1761) and Catherine II (1762-1796) with the formation of the foundations of a special legal institution of pensions – personal pensions.

At the same time, during the reign of Catherine II, along with the preservation of the legal institution of personal pensions, the foundations were also laid for the formation of another legal institution of civil servants' pensions, which eventually became dominant in pre-revolutionary Russia before personal pensions - pensions for years of service. This legal institution provided for the introduction, instead of a subjective criterion, of objective conditions of pension provision, which made it possible to significantly expand the circle of recipients of pension provision ("for old age and decrepitude", and "for other crippled diseases"). Such objective conditions ("according to the propriety of the person and his condition", taking into account the length of service) and other general rules for the appointment of a pension for years of service were defined in the Nominal Decree of Catherine II of June 7, 1764 "On pensions of state officials" ^[13].

Pensions in the general order (without special report to the monarch) were made in compliance with the following conditions: 1) the presence of 35 years of service, starting from the age of 15 (according to the Statute on Pensions and lump-sum benefits of 1827, this age was already 16 years old). With a shorter length of service due to an incurable illness of an employee, a pension was also assigned, in fact, which was the prototype of a disability pension; 2) integrity of service. The size of pensions depended on the rank. Payments were made from a state body - the Pension Savings Board.

In the future, during the tsarist monarchy, the general rules for awarding pensions for years of service were based on these key principles - for "diligent, long-term, blameless" service with a certain length of service ^[14-16] and, in fact, defined the main legal contours of the institution of pensions for years of service of civil servants, relevant at the present time.

         Along with the pension institutions of civil servants (personal pensions, pensions for years of service, disability, loss of breadwinner), in the 18th century there was the emergence of other legal institutions of social security of civil servants, the final formalization of which occurred only in the XX century – state medical care and state social services.

Thus, by a nominal decree of December 5, 1721, the Treasury was ordered to deduct a penny from every ruble of salary from all ranks (including civilians), and by Senate decrees of January 22, 1742, September 7, 1781 ^[17] – also from every ruble of pension.

Starting from the first third of the XVIII century, it began to provide for the maintenance of terminally ill, crippled, elderly civilian ranks (along with the military), in addition to monasteries and almshouses, in specially created institutions - hospitals, invalids (for military ranks) and widows' homes, and, since 1775, also in various institutions of the Public Charity Committee ^[18-20]. The tasks of the latter included, among other powers, the establishment of hospitals, hospitals and almshouses for the "poor, crippled and elderly", special homes for the terminally ill with supervision of their activities. Financing of such institutions was carried out at the expense of the treasury and private revenues. As a general rule, service in them was provided in the absence of the former ranks of the family, property, maintenance (pensions, benefits) and other income.

Additionally, to provide assistance to civilian ranks on the basis of a Personal Decree on February 21, 1823 ^[21], a special state body was created - the Committee for the Charity of Honored Civil Officials, established following the example of the Committee on August 18, 1814 – the body for providing military ranks with disabilities. The Committee for the Charity of Honored Civil Servants provided for civil ranks and their family members (in the event of the death of an employee) the appointment of monetary payments (allowances and pensions in the event of the death of an employee-breadwinner), made initially at the expense of the capital of war invalids.

         Further throughout the XIX-beginning. XX centuries . (before 1917) in the sphere of public relations on social security of civil servants, the following situation is observed:

firstly, an extensive pension legislation is being formed, with the development of a codified general charter of pensions and benefits (1827 ^[22] (as amended in 1853), 1912), as well as charters of pensions and benefits by departments. Pension legislation of the XIX-beginning period. XX century . characterized by:

- further development of the institutions of superannuation pensions, disability pensions, the formation of the institution of survivor's pensions;

 - expansion of the range of civil service entities entitled to pensions and benefits (one-time and periodic);

- excessive differentiation of social security on grounds, a number of which from the standpoint of modern science of social security law should be attributed to discriminatory (gender, nationality (origin), department, rank (position), territory of service, etc.).

The right to a pension for years of service arose from a civil servant in the presence of the following conditions: 1) length of service, the limits of which depended on the type of civil service and the place of service. For example, according to the general rule under the Pension Statute of 1827, the right to a pension for years of service was given by a minimum length of service of 20 years, granting the right to a pension in the amount of 1/3 of the salary; the right to a pension in full salary was granted by a length of service of 35 years. For certain types of civil service and (or) certain territories, other terms of service were established. Thus, in the educational (in gymnasiums and county schools) and medical service – from 20 to 30 years; in universities – 25 years, employees of the Academy of Sciences – 30 years, in the mining service – from 20 to 40 years, in the Caucasus or Siberia – from 10 to 30 years ^[23-30]. According to the medical department, the time of service during the war was counted in double the amount (one year for two); 2) the "integrity" of the service.

On the basis of the legal institute of pensions for years of service at the beginning of the XIX century, another legal institution of pension provision for civil servants received its further development - disability pensions provided to civil ranks who did not serve a fixed term due to a serious and (or) incurable disease acquired in the service. Other cases of disability did not give the right to a pension. According to the Pension Statute of 1827, the right to such a pension was provided by a 10–year service, and in case of serious incurable diseases - a 5-year service. At the same time, the mining department did not establish any length of service requirements at all ^[31-32]. The size of such a pension depended on the length of service and ranged from 1/3 to the full salary of the salary.

The legal institution of survivor's pensions, having received its origin during the reign of Catherine II ^[33-34], was finally formed only at the end of the first third of the XIX century. According to the Pension Statute of 1827, the right to pension provision was granted to the widow and children of a deceased civil servant, subject to almost the same conditions as with respect to a pension for years of service: 1) integrity of service; 2) a certain length of service (by type of service). For some departments, additional conditions for pension provision were also established (for example, the age of a widow (over 40 years old) according to the forestry department). The size of the pension depended on the presence and number of children, the presence of a mother (widow). The payment of pensions to widows was stopped in the event of their death, marriage, retirement to a monastery, as well as being brought to punishment by a court verdict, "causing dishonor."

In the absence of the right to a pension for years of service, a survivor's pension (due to lack of service) for an employee, and in the event of his death to his family members, a system of lump–sum benefits was provided. So, such an allowance was due to adult children (sons over 18 years old, daughters over 21 years old) with their "unsettled" (failure to enter the service of a son, unmarried daughter);

secondly, the gradual expansion of the legal institutions of state medical care and social services (charity), originally intended only for certain categories of the disabled population (primarily elderly and crippled military personnel, illegitimate, patients with socially dangerous diseases), to other segments of the population, including civil servants. Thus, for employees of lower ranks who received a disability during their service not in connection with participation in military operations and who have no other sources of livelihood, it was provided for maintenance at the expense of the state in institutions of Orders of public charity ^[35];

Thirdly, along with the introduction of the State social security system for civil servants, the development of various forms of non-State social security system was also encouraged. Examples of such forms are the introduction of various forms of public mutual assistance (pension (emerital), health insurance, etc.).

Chrono-breakdown in legal institutions (sub-institutes) of social security of civil servants occurs in the legal system of Russia of the Soviet period. At this time, there is a legal "erosion" of the civil service as such, with the unification of the legal regulation of this professional activity and the work of other workers, both mental and physical labor, the development of systems of universal state social security and compulsory social insurance of workers and employees.  

The beginning of this process was laid by the Decree of the Central Executive Committee, the SNK of the RSFSR of November 10, 1917 "On the destruction of estates and civil ranks" ^[36]. Subsequently, in the materials of the XXI Congress of the CPSU, it was argued that work in the apparatus ceased to be a special progression at all. Only service in the army and the Ministry of Internal Affairs was regulated in detail, no special law on state civil service was adopted ^{[11, p. 58]}.

Under these conditions, certain legal institutions (sub-institutions) of social security rights aimed at the social security of former civil ranks also received their blurred legal contours or completely lost their existence until the restoration of the legal status of the civil service in the recent period.

The most obvious example of this phenomenon is the institution of pensions. As a result of the radical reform of the composition of the subjects of pension provision law, a new subject, the most significant for the Soviet state, the working class, was assigned to the previously priority subjects of pension provision (military and civilian ranks). With regard to pensions for years of service, the People's Commissariat of Social Security prescribed the issuance and appointment of such pensions only in the presence of disability and in the absence of other sources. It is necessary to agree with the opinion of I.V. Sivakova that these departmental recommendations actually initiated the process of replacing the pre-revolutionary legislation of the institute of pension provision for years of service with the Soviet Institute of disability pension provision ^{[4, pp. 14-85]}.

At the same time, in the Soviet state in the period from 1918 to 1936, there was a rapid law-making activity, accompanied by the development of the entire social security system for workers and employees with the creation of a socialist model of compulsory social insurance based on the 1936 Constitution of the USSR and with fully state financing of the health care system ^{[37, pp. 22-23]}.

During this period, the legal institution of a superannuation pension in respect of civil works (both mental and physical) was practically replaced, although it retained its existence, by the institution of an old-age pension (by age). The right to old - age pensions as a general rule in the Soviet period began to give the following conditions: 1) age; for men - 60 years, for women - 55 years, 2) work experience, the requirements for the duration of which have repeatedly changed.

For civil professions that have a harmful (dangerous) nature (miners, hot shops, etc.) or other special working conditions, the right to an early (up to the general retirement age) pension began to be provided, which, in essence, reflected the further development of the legal institution of a pension for years of service. However, with regard to civil servants, this institution retained its effect in relation to only the most significant professional groups from the positions of the Soviet government, which were entrusted with the most important tasks of the new state. We are talking, first of all, about teachers of children's institutions and medical workers, who, however, were deprived of the status of civil servants by the new government. In relation to the actual Soviet civil servants (bureaucracy), the right to a pension for years of service was not preserved.

Thus, since 1918-1920, there has been a chrono-rupture in the operation of the legal institution of pensions for the length of service of civil servants (bureaucracy), which received its revival only in the post-Soviet period.

As for the legal institutions of disability pension and survivor's pension, the first of them in pre-revolutionary legislation accompanied the institution of a superannuation pension, since it was allowed to provide a pension in case of non-retirement if an employee had a serious illness. In the years of Soviet power, taking into account the lack of legal recognition (at the level of law) of the civil service, the pre-revolutionary legal institutions of disability pensions and survivor's pensions based on the implementation by the new state of the principle of universality of social security were further developed with the expansion of the range of subjects entitled to such pensions. The time gaps in the operation of these legal institutions were insignificant due to the state's awareness of the need for social security for persons initially vulnerable to the challenges of life (children, disabled people). So, if initially, in 1918, public education was provided for the children of the deceased breadwinner, then later the state recognized the objective necessity of introducing (returning) state pension provision in case of loss of the breadwinner ^{[4, p. 71]}, which began to be implemented with the gradual expansion of the circle of subjects of provision.

The longest time gap is observed in relation to non-state forms of social security eliminated by the Soviet government in connection with the development of a universal system of state social security, including compulsory social insurance, according to the socialist model. The Constitutions of the USSR of 1936 and 1977 enshrined the right of citizens to material security in old age, illness, disability, as well as the loss of a breadwinner, which was guaranteed by the extensive development of social insurance of workers and employees at the expense of the state, free medical care. Like the legal institute of pension provision for the length of service of civil servants, the legal institute of non-state social security received its further development only in the post-Soviet period on the basis of constitutional provisions on the promotion by the state of voluntary social insurance, additional forms of social security and charity (Part 3 of Article 39 of the Constitution of the Russian Federation).

The current stage of legal regulation of social security of civil servants is associated with the renewal of the social institution of civil service in the general system of public service in Russia, which was marked by the adoption of codified and special laws on public service: Federal Laws of May 27, 2003 No. 58-FZ "On the system of Public Service of the Russian Federation" ^[38], dated July 27 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" (hereinafter – the Federal Law on GGS) ^[39] and other laws on types of service.

One of the leading principles of public service in modern legal literature ^{[40, p. 13-17],[11, p. 61],[41, p. 114-134]} is generally recognized as the principle of social security (social security) of employees. A.V. Gusev quite reasonably identifies in the general structure of public relations that constitute the subject of legal regulation in the civil service, an independent subgroup of service relations is a social and service legal relationship as a type of social and distributive legal relations arising from the provision of housing and medical services, sanatorium treatment, pension provision, payments for mandatory social insurance, mandatory state insurance in case of harm to the health and property of an employee in connection with with the performance of their official duties and other social guarantees ^{[40, p. 19-20]}.

Guarantees in the field of social security of civil servants currently have their own separate regulatory formalization and are fixed in Articles 52 and 53 of the Federal Law on GGS. Among them: guarantees in the field of pension provision and compulsory social insurance for the purpose of social security in case of illness, as well as harm to the health and property of an employee in connection with the performance of his official duties, medical insurance of a civil servant and his family members.

At the same time, a number of these guarantees of social security for civil servants and their family members have not received their further normative development, which ultimately indicates the declarativeness of part of the social security norms of the Federal Law on GGS and the suspension in the development (continuation of the chrono-rupture) of individual legal institutions.

Thus, according to paragraph 11 of Part 1 of Article 52 of the Federal Law on Civil Servants, civil servants are guaranteed state pension provision in the manner and under the conditions established by the special federal law on state pension provision for citizens of the Russian Federation who have served in public service and their families, which has not yet been adopted. Pension provision of GGS is carried out on the basis of Federal Law No. 166-FZ of December 15, 2001 "On State Pension Provision in the Russian Federation" (hereinafter – the Federal Law on GPO) ^[42]. However, this law provides for civil servants only one specialized type of pension provision, previously introduced by pre–revolutionary legislation - a pension for years of service. In case of disability of a civil servant or in case of his death (for family members), disability pension (in case of loss of breadwinner) is provided on general terms, as for the majority of the working population, on the basis of Federal Law No. 400–FZ of December 28, 2013 "On Insurance Pensions" ^[43].

The conditions of pension provision for the length of service of civil servants have essentially changed little and are based mainly on the same principles as in monarchical Russia: length of service of a certain duration and integrity of service. At the same time, in the context of the development of labor legislation, legal regulation of labor on the principles of unity and differentiation, in the recent period of development of the civil service as a special type of labor activity, additional clarifying criteria were also introduced, giving the right to pensions for years of service, depending on the grounds for dismissal from the civil service. Among such conditions, for example, the GGS has the right to an insurance pension and the replacement of the position of the GGS for at least 12 full months immediately upon dismissal, or only the replacement of a certain position of the FGS during the prescribed period immediately before dismissal.

The introduction of such restrictive conditions is due to several reasons. Firstly, the formation, since the Soviet period, of the legal institute of old-age pension (old age), which has become a priority institution over the institute of superannuation. Secondly, by reducing the length of service of the civil service (currently the length of service increases to 20 years), which entitles to a pension, compared with the usual length of service of the pre-revolutionary period of 35 years. At the same time, it should be noted that, since the Soviet era, the civil service has ceased to be a privileged professional activity as the only type of employment activity that provides a high status and a high level of legal and material and social security. In the conditions of normative consolidation of a sufficiently high level of social and labor guarantees for all employees, at the present stage, qualified workers have the opportunity to find a job on the labor market that provides no less favorable and even more favorable working conditions, and for which the law does not establish any requirements (in terms of prohibitions and restrictions), which applies to civil servants. Thirdly, the need for the state to ensure the "blameless" behavior of a civil servant up to his dismissal from the GGS on the grounds approved by the state. Fourthly, the process of further narrowing by the state the circle of GGS eligible for a superannuation pension in order to save budget funds.

As already noted, pension provision of civil servants in case of their disability, as well as family members of a civil servant in case of his death, since the Soviet period and up to the present time, before the adoption of a special law, is carried out according to uniform rules, along with employees working under an employment contract.

Such unification of pension provision has a number of advantages. Thus, in the pre-revolutionary institute of survivor pensions, a family was deprived of the right to a pension in the event of the establishment of the "depravity" of the service, which currently has no legal significance for the emergence of the right to a pension for the family of a deceased employee. The negative consequences of the "depravity" of the service at the present stage are preserved only in relation to civil servants themselves, depriving them of the right to a pension for years of service when they are dismissed on grounds discrediting the public service, for example, for absenteeism, appearing on duty in a state of alcoholic intoxication, disclosure of state secrets. At the same time, former civil servants are not deprived of pension provision in general, since under the conditions of constitutional guarantees for social security for everyone by age, they retain the right to an insurance or social pension.

Specialized pension provision in case of disability or loss of a breadwinner in the recent period is provided only for civil servants of the so-called "power" departments (military, police, customs officers, etc.) - on the basis of the Law of the Russian Federation of February 12, 1993 No. 4468-I on pension provision of military personnel and persons equated to them ^[44] and the Federal Law on GPO.

At the same time, in order to implement the provisions of the GGS Law and the development of social protection of civil servants, we consider it quite reasonable to restore the state pension provision of a civil servant in case of his disability, as well as his family members in case of loss of a breadwinner, however, using the criteria of seniority and integrity of service, while preserving the right of these persons to receive these types of pension provision in within the framework of mandatory pension insurance, if these criteria are not met.

Among the social guarantees of the civil service, Article 52 of the Federal Law on Civil Service, in addition, provides for specialized medical insurance of a civil servant and his family members, including after the retirement of a civil servant for years of service. Medical insurance of GGS and their family members should be carried out in accordance with the Federal Law on GGS and the federal law on medical insurance of civil servants of the Russian Federation, which, however, as well as the specialized law on pension provision of GGS and their families, has not yet been developed. Provision of medical care to civil servants and their family members is still carried out in a general manner, as for most citizens, on the basis of Federal Laws No. 323-FZ of November 21, 2011 "On the basics of protecting the health of citizens in the Russian Federation", No. 326-FZ of November 29, 2010 "On Compulsory medical insurance in the Russian Federation" ^{[45, 46]}. Additionally, in the subjects of the Russian Federation, on the basis of the provisions of Article 52 of the Federal Law on GGS, additional provision of GGS of the subjects of the Russian Federation with free medical care can be carried out at the expense of regional budgets.

         Based on the above, it has been revealed that the most pronounced signs of chronodiscretty are possessed only by the only legal institution of social security that is important for the civil service - the institute of pensions for long service.

         The legal institution of providing medical care to civil servants at the present stage is in the recovery stage – in terms of the formation of a special type of medical insurance GGS. At the same time, in the conditions of providing the state for a long time (since the Soviet period) the entire population of Russia with free medical care according to uniform rules, and, since the 90s of the last century, most of the population, including civil servants, within the framework of the compulsory health insurance system, the restoration of civil service only in relation to bureaucracy In our opinion, it seems reasonable to introduce specialized medical insurance for civil servants only if such persons have a certain length of service and integrity of service.

        Another feature of the modern stage of social security of civil servants is the introduction of norms on specialized social security for persons working within the framework of hired labor in the event of injury (illness) during official activity. With this social risk for civil servants, the GGS Law provides for mandatory state social insurance in case of illness or disability during the period of civil service, as well as mandatory state insurance for civil servants (in accordance with the provisions of Article 969 of the Civil Code of the Russian Federation). However, to date, these legal provisions of a reference nature have not been implemented, the relevant federal laws have not been adopted.

        Under these conditions, when civil servants experience "service injuries", they often do not receive a higher level of social security, as provided for persons working under an employment contract on the basis of Federal Law No. 125-FZ of July 24, 1998 "On Compulsory social insurance against industrial accidents and occupational diseases". ^[47]. As practice shows, these relations are resolved only through the rule–making of individual state authorities, and with regard to civil servants of the subjects of the Russian Federation, the relevant regulatory legal acts have also not been adopted in all regions. In the absence of uniform federal legal provisions on this issue, civil servants often receive social security provided in case of "ordinary" illness (not related to production) on the basis of Federal Law No. 255-FZ of December 29, 2006 "On Compulsory social insurance in case of temporary disability and in connection with maternity" ^[48], i.e. a lower level. This situation indicates that the two provisions of the Law on GGS (paragraphs 6 and 7 of part 1 of Article 52), aimed at social security of civil servants in case of service injuries, are still mostly declarative.

As for the development of the legal institute of social services, since the Soviet period, due to the leveling of the legal status of civil servants as a special professional group and in the context of taking into account international social standards, the priority of implementing the social policy of the state, aimed primarily at socially vulnerable groups of the population (children, the disabled, the older generation, etc.), the operation of this legal institution has been reoriented mainly to meet the needs of social services of such persons.

Thus, part of the institutions (sub-institutes) of social security of civil servants followed the fate of the state-legal institution of civil service and with the loss of its significance ceased to exist or transformed into other institutions, receiving its revival with a new round of civil service at the present stage.

Based on the above research and in order to further develop some types of legal institutions (subinstitutions) of social security for civil servants, the implementation of the provisions of Article 52 of the Law on the Civil Service, Decree of the President of the Russian Federation dated June 24, 2019 No. 288 ^[49], the following recommendations are proposed to improve the current legislation:

1) to restore, within the framework of the state pension provision, specialized pension provision for civil servants with disabilities and their family members (in case of loss of a breadwinner) using the criteria of seniority and integrity of service. These proposals can be implemented either by adopting a special federal law on state pension provision for citizens of the Russian Federation who have served in the civil service and their family members, in accordance with paragraph 11 of Part 1 of Article 52 of the Federal Law on GGS, or by introducing relevant provisions in the Federal Law on GPO;

2) introduce mandatory state social insurance in case of illness or disability during the period of civil service, as well as mandatory state insurance of civil servants, guaranteeing social security for this category of employees in case of injury (illness) in connection with their official activities, on the basis of the adoption of relevant federal laws (in accordance with paragraph 6 and 7 part 1 of Article 52 of the Federal Law on GGS);

3) introduce specialized medical support for a civil servant and his family members using the criteria of seniority and integrity of service on the basis of the adoption of the federal law on health insurance of civil servants (according to paragraph 5 of Part 1 of Article 52 of the Federal Law on Civil Servants).