Open AccessSome Issues of Formation of the Conceptual Apparatus of Social Security Law
Author(s) -
Марина Геннадьевна Седельникова,
Aleksandra Puzyreva
Publication year - 2020
Publication title -
sibirskoe ûridičeskoe obozrenie
Language(s) - English
Resource type - Journals
eISSN - 2658-7610
pISSN - 2658-7602
DOI - 10.19073/2658-7602-2020-17-3-346-355
Subject(s) - legislation , enforcement , normative , consistency (knowledge bases) , legislature , social security , law and economics , law , political science , business , sociology , computer science , artificial intelligence
The article analyzes some problems of the formation of the conceptual apparatus of social security law. The authors support the thesis previously expressed in scientific literature about the lack of consistency in the use of certain concepts and definitions in this area, which is one of the key factors that impede the effective implementation of social security regulations. Based on the analysis of the use of the concepts “family”, “family member” in the social security legislation, it is concluded that there are defects in the design of the sectoral terminological apparatus. The Authors agree with the previously formulated point of view on the intersectoral nature of these concepts. A comparative analysis of the legislation on social security and individual provisions of family, housing and civil legislation, as well as other regulatory legal acts using these intersectoral concepts, is given, clarifications of the highest courts on this issue are considered. Based on the results of the study, a number of conclusions and recommendations are formulated, which are aimed at improving the sectoral legislation. In particular, the authors come to the conclusion that it is impossible to develop uniform concepts of “family”, “family member” for all branches of law, since the goals of legal regulation are different for each of them. In addition, the article analyzes the latest normative legal acts that secure monthly payments to families with children, examines the defects in legislative technology in connection with the use of the concepts of “family”, “family member” in them. The emerging law enforcement and judicial practice in connection with the appointment of these monthly payments to citizens confirms the authors' conclusion about the need to improve sectoral legislation, to ensure the systemic unity of the used conceptual apparatus. In conclusion, the authors point out ways to solve the problems identified in the article, among which, first of all, one should include the codification of legislation on social security, which has been repeatedly indicated in the scientific literature.