On sectoral affiliation of legal relations in the field of public compulsory insurance of particular categories of public servants (theoretical issues)

Abstract

The research subject is the system of social protection of law enforcement officers which includes various types of assurance depending on a particular situation. One of the types of assurance is public compulsory insurance of particular categories of public servants including internal affairs officers. Controversial issues appear in legal practice related to sectoral affiliation of legal relations in this sphere of insurance since legal relations are based on agreements (contracts). It influences the level of safety of internal affairs officers and defines the order of exercise of their right to insurance. The analysis of decisions of the Constitutional Court of Russia demonstrates that in this case it is not advised to assign paramount importance to agreement-based way of regulation, and arrive at the conclusion about the civil nature of these relations. The Constitutional Court has detected the presence of public obligation of the state underlying these relations and changing its nature. Besides, according to its functions, public compulsory insurance is in many respects similar to compulsory social insurance. Based on this fact, it’s possible to conclude that in its core, public social insurance corresponds with social assurance methods of insurance.