On the concept and structure of legal organizational form within the system of social security law

The article studies the concept and structure of legal organizational form of social security and some separate aspects of its possible influence on the system and structure of social security law. Having analyzed some literature, the author considers it inadvisable to use a civil construct of legal organizational form of social security and stresses the ambiguity of approaches to this phenomenon and its functions in sectorial theory. He substantiates that the concepts "a form of social security" and "a legal organizational form of social security" have different meanings and reflect different legal phenomena. The "form of social security" implies an external expression of a social security allowance made in either a monetary or non-monetary form, i.e. as the subject of material social security legal relations. The author separates a material ensuring aspect within the frame of a legal organizational form of social security. He points out that the realization of rights of those in need to every social ensuring allowance is connected with the formation of special state funds for performance of social alimentary obligations. Further, the author comes to the conclusion that the concept of "legal organizational form" in social security law shall have a different meaning and content. A legal organizational form can be understood as a legally enforceable system of ways and conditions for the realization of state social alimentary obligations which is expressed in the established order of social security funds formation and administration of the social security bodies in the course of disposition of funds for appropriate purposes. The author separates a financial legal aspect which expresses the compulsory character of tax and insurance premium payments to centralized funds (budgets) and is guaranteed by the possibility to use enforcement measures on the part of the state. The article reveals the organizational administrative aspect which reflects the specificity of administrative activity in the sphere of accumulation, administration and disposition of finances in social security field. The proposed in the article approach to the concept of a legal organizational form is aimed at the formulation of principles of distinction between functional and economic aspects of the mechanism of formation and disposition of public financial resources, their control under the realization of state social alimentary obligations. The following factors determining the structure of a legal organizational form are considered to be the key ones: 1) the functional characteristic of the funding source for social ensuring allowances; 2) the degree of security and basis for a legal claim;3) the status of those in need. It is stressed in the article that the heterogeneity of the structure of legal organizational form of social security doesn't violate its unity but guarantees the stability and flexibility when state social alimentary obligations are realized.

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