Legal regulation of procedures in social security law

The article analyses the problem of legal regulation of social security procedures. The features inherent to all legal procedures aredefined. The conclusion that not any legal procedure is legal process is made. The position according to which on the basis of division ofthe norms regulating basic material relation into regulatory and guarding legal procedures called to serve the given norms alsodifferentiate onto regulatory and guarding is proved; thus it is offered to call the latter kind of legal procedure a legal process. In thelegal literature terms process and procedure are used often enough, though different authors use them in different senses. In ouropinion, the theory of the uniform remedial form does not correspond to the legal validity. In the article works of domestic researchersin the field of social-provisional legal relations were used. The conclusions are drawn. The author proves that social security law beingthe regulatory branch of law rules regulatory (positive) procedures. The conclusion that there is no independent legal procedure in socialsecurity law (if to investigate the operating social security legislation) is proved. In the article special value of legal procedures in socialsecurity law is underlined as the right to social security is the right to claim, i.e. its realization is possible only through activity of thestate in the name of corresponding organs. Thereupon, any material norm, which provides the right to a certain kind of social security,is served by a corresponding procedural norm. Different kinds of social security procedures are considered. In particular, imperativeand dispositive social security procedures are analysed; the absence of recommendatory and incentive procedures in social security lawis stated. Giving the right, obliging and forbidding procedures are selected. General, special and other kinds of social security proceduresare investigated. The conclusion is that when deciding on the type of the procedure in each specific case (imperative or dispositive,giving the right or obliging, etc.) the legislator should choose the variant, which will promote realization of the right to this or that kindof social security to the greatest degree.

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