Formal Legal Approach to Defining the Concept of “Social Security”

Abstract

Currently, in the science of social security law, a generally accepted definition of the concept of “social security” has not been developed. Analysis of existing definitions makes it possible to distinguish several semantic elements: 1) social security is an activity to provide material goods in cash or in kind; 2) these material goods are provided only to individuals; 3) material goods are provided in the event of circumstances recognized as socially respectful.These semantic elements are present in all definitions. At the same time, not all definitions clearly reflect who provides material goods through which sources. Two points of view can be distinguished on this issue: (1) Social security is provided by the State from the State budget and extrabudgetary funds; 2) social security is carried out not only by the state, but also by private individuals at the expense of private funds.The article justifies that the first point of view is correct. Social security is the provision on the basis of the law of material goods by the state at the expense of the budget and extrabudgetary funds. This activity is subject to social security law.Material security provided by an individual at the expense of his own funds on the basis of a contract is a charitable activity that is regulated by civil law. The material security that the employer, on the basis of a collective agreement, provides at its own expense to the employee and his family members is a relationship closely related to labor relations and is regulated by labor law.