Open AccessCash Benefits in Social Welfare: Transformation of Legislation and Scientific Approaches to the Definition of Employed Concepts
Author(s) -
Yulia Mikhailenko
Publication year - 2021
Publication title -
ûrislingvistika
Language(s) - English
Resource type - Journals
ISSN - 2587-9332
DOI - 10.14258/leglin(2021)2206
Subject(s) - payment , social security , legislation , social insurance , law and economics , public economics , economics , compensation (psychology) , social security act , business , actuarial science , law , political science , finance , market economy , psychology , psychoanalysis
The article analyzes the shortcomings of the conceptual apparatus characteristic of the right for social security in designating the types of social security provided in monetary form. In particular, there is a lack of necessary definitions (including key concepts such as "benefits" and "compensation"); lack of uniformity of terms (foregoing, the term "compensation" in some sources is used in the sense of "reimbursement of costs incurred by a person", traditional for the science of labor law, and in others a "civilized" approach to compensation as payments aimed at restoring the property sphere in case of encroachments on intangible goods is applied); "doubling" of concepts (for example, the appearance of "insurance payments" along with insurance "benefits"). Based on the analysis of the current legislation, it is concluded that there is no consistent distinction between the concepts of "benefits", "compensation", and other monetary payments. Nevertheless, a retrospective analysis of the sources of social security law, as well as ideas and approaches formed in science (not without the influence of the science of labor law), allows us to define certain types of social security payments. Unfortunately, they are not always reflected in the legislation on social security, as a result of which the scientific ideas themselves are undergoing changes, in particular, the criteria determining the essence of various social security payments are being enough. It seems that the directions for improving the system of sources of social security law should be the rejection of excessive terminological diversity in determining the types of social security, as well as the orientation to the approaches developed in science to their definition.Thus, it is proposed to use the category of benefits as a universal concept, referring to it social security payments in cash, which do not have specific features of other social security payments.