Compulsory social insurance relationships as the object of "latent competition" of social security law and labour law

The article aims to find an effective model of legal regulation of compulsory social insurance matters as an object of regulation for proper interconnection of labor law and social security law. The study is based on public sources: provisions of labor regulatory acts along with acts of social security legislation, practices of the Constitutional Court of Russian Federation, general jurisdiction courts and specialists' reviews in the aforementioned areas of law. Dialectical and historical methods along with observation and description were used as the basic scientific techniques of the study. In addition, special juridical approaches such as comparative law analysis, formal legal method and method of legal modeling were applied. It has been found that the organic link of labor law and social security law determines interbranch competition in the relationship of compulsory social insurance, but the modern legal doctrine is based on the dissociation of these areas of law. This article proves that immanent properties of compulsory social insurance relationship define them as an inseparable part of social security law. Consequently, rules governing such matters belong to social security legislation as well. The study provides a critical outlook on the legislator's inconsistency towards repeatedly changed communication models of the considered branches of law. The negative results of this approach are presented on the examples from the court practice. It was noted that amendments of 2006 to Art. 1 of the Labor Code of the Russian Federation on the expansion of the subject of labor law by inclusion of the compulsory social insurance relationship did not improve the quality of the legislative system in question, but created potential law collisions. The article argues the lack of reason of the mentioned amendments to labor law; models of conflict situations and the consequences of their development are given. As a result, a number of conclusions are made. In particular, it is necessary to ensure a consistent distinction of labor law and social security law at the legislative level by excluding compulsory social insurance matters from Art. 1 of the Labor Code of the Russian Federation. Application of the model of permitted law enforcement, which implies limitations on the regulations of an associated area of law without explicit indication of such a possibility in a special law, is justified. In this article, specific modifications of social and security legislation are proposed, which provide regulatory obstacles to the emergence of law interbranch collisions.

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