Principles of legal regulation of relations on rendering social security assistance in modern Russia

One of the most important conditions for building an efficient system of legal regulation of relations on rendering social security assistance is determining the basic elements (principles) of differentiation in this area of the authority of the Russian Federation, its subjects and municipalities. Clear legal regulation in this matter will reduce the number of possible legal conflicts, strengthen warranty of social security. It is established that the formation of the system of principles of legal regulation of relations on rendering social security assistance in modern Russia is influenced by the following factors: multi-level legal regulation of social security relations; their distribution and, as a consequence, the general economic nature; the legally binding nature of social security measures, namely, the fact that the provision of social security is not the right of public authorities and local self-government, but a statutory duty; the hierarchy and subordination of legal acts in the field of social security with strict subordination of acts of lesser legal force to acts of greater legal force as well as with the dominating position of international treaties of the Russian Federation that came into force in this system. Taking into account these circumstances it is proposed to allocate six fundamental principles of separation of powers in the field of legal regulation of relations in the provision of social security assistance: 1) the principle of reasonable restraint of the federal regulation; 2) the principle of subordination of legal acts; 3) the principle of non-deterioration of social security guarantees level; 4) the principle of self-financing of arbitrarily implemented powers by the regional and municipal authorities; 5) the principle of budgetary determinism; 6) the principle of financial security of delegated powers. In the end the author makes a conclusion about the adequacy of the selected principles to ensure a consistent and sustainable development of the national system of social security assistance and points to the objectively urgent need of legal securing of their list in the legal act that extends its effect on all the diversity of social security relations by subject. At the same time it is emphasized that due to the absence of this act in Russia, the decision on the legal consolidation of the principles of legal regulation of relations on rendering social security assistance should be postponed until the development of the Federal law "On Fundamentals of Social Security in the Russian Federation".

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