Social security as a conceptual category of law

In thearticle the issues of concept, essence of social security, and its place in the general mechanism of legal regulation are considered. For thesolution of the problem the author analyses terms social and security as components of a conceptual category social security. As aresult of characteristic of the first component of the considered conceptual category the conclusion that concerning social security lawthe term social has a two-vector orientation and meaning is made: first of all, it is the source of financing of the appropriate eventsand, secondly, the subject structure of the social relations arising in connection with their functioning. From this point of view the termsocial is understood as actions carried out by a society (in the name of the state structures) and at the expense of a society (state) forcreation of conditions optimum or in a certain degree comprehensible to the natural existence of the modern person. The position accordingto which insurance payments are to enter the social security sphere is proved. Thus, it is offered to call them socialized resources.The conclusion is made that the resources for the purpose of social security from the state budget is property of all the society(public), while insurance payments are the only socialized payments brought for rendering aid and maintenance of exclusively insuredsubjects. Analysing the essence of the second component of the conceptual category social security the author proves that actions forsocial security and money resources allocated for these purposes urged to provide only satisfaction of alimentary requirements of needycitizens (families), that is, without satisfying such requirements the fact of physiological existence of this category of persons is threatened.It is offered to search for the legal sense, which the legislator puts in the term security, in the main objectives of social security.The position according to which security is considered as granting of the alimentary aid or maintenance to the needy subject at theexpense of social or socialized resources is proved. The attention is focused on exclusively legal nature of social security: without thelegal environment, without legal space social security does not exist. On the basis of the conclusions, the definition of social security inthe Russian Federation is formulated.

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