About the Branch Affiliation of Legal Relations on State Compulsory Insurance of Certain Categories of Civil Servants (Questions of Theory)

Abstract

The system of social protection of law enforcement officers includes various types of security provided to individuals depending on a specific life situation. One of the types of security is the state compulsory insurance of certain categories of civil servants, which include employees of internal affairs bodies. In practice, there are controversial issues about the industry affiliation of legal relations for this type of insurance, since legal relations are based on contracts (contracts). The purpose and objective of the research is to study the nature and essence of two types of material security: compulsory social insurance, which is included in the subject of social security law, and state social insurance for certain categories of employees, whose industry affiliation is currently uncertain. The paper uses the method of structural and functional analysis, according to which the grounds for providing payments were investigated, and a comparative analysis of the structure of payments was carried out. As the direct subject of the study, payments for mandatory social insurance against industrial accidents and occupational diseases and payments for state mandatory insurance for certain categories of civil servants are indicated, since these types of security are similar in their goals and objectives. The paper also conducted a study of the functions of compulsory social insurance and state compulsory insurance, and their functional similarity was revealed. As a result of the study, it was revealed that it is not necessary to attach decisive importance to the contractual method of regulation in relation to the nature of payments under state compulsory insurance and to draw a conclusion about the private-law nature of these relations. The results of the study are confirmed by the practice of the Constitutional Court of the Russian Federation. The constitutional court revealed the existence of a public obligation of the state at the heart of state compulsory insurance, which significantly changes the nature of these legal relations. In addition, in its functions, state compulsory insurance is in many ways similar to mandatory social insurance.