Some aspects of the conceptual features of the juridical norms of social security lawof the Russian Federation

The article analyses thelegal nature of the norms of social security law by resorting to the state-and-power features of these norms and their internal structure.As a result of consideration of the first question the authors of the article make a conclusion that it is necessary to recognize norms ofsocial security law only as obligatory rules of conduct proceeding directly from the state in the name of authorized organs and organizations.The norms accepted by other subjects, despite their aim of rendering assistance or maintenance and authorization by the state,cannot be recognized as the norms of social security law because these norms are deprived of the status to be social instructions; theyshould refer to the branch of labour or civil law. Therefore their presence in the Russian legal system increases neither volume, nor avariety of norms of social security law; but simultaneously it is necessary to recognize their presence as quite well grounded, expedient,especially against serious problems in the system of the state insurance maintenance. Research of the problem of the structure of thenorms of social security law is to consider the question of existence of social security sanctions. The authors share a position accordingto which the sanction representing negative consequences, expressed in the form of responsibility, is not considered as an obligatorystructural element of any juridical norm. Realization of many norms of various branches of law does not require compulsory influenceon the subjects, because of the character of instructions fixed in them, therefore these norms consist of two parts: hypotheses and dispositions.Absence of sanctions in such norms does not deprive these norms of quality of juridical instructions: any juridical norm is providedwith measures of the state protection, thus the norm cannot have its own sanction as in this case such a norm is protected by thesanctions of juridical norms of other branches of law. Owing to the giving-obliging character, material norms of social security lawalso are deprived of sanctions. The obliged subject in material legal relations is a state organ or organization, but legislation does notestablish sanctions for failure of their duties. The subject having competence in these relations is poor citizens or families; the establishmentof sanctions for non-use of competences is deprived, in turn, of any sense as the subject having competence is independent inthe right to use or not-to-use the possibility of receiving help or maintenance from the state. In this connection the authors come to aconclusion, that special social security sanctions do not exist as in social security law there are no measures of juridical responsibility,there are only measures of protection.

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