
The Impact of International Social Security Standards on Formalization of Social Risks in National Legislation
Publication year - 2017
Publication title -
èlektronnoe priloženie k rossijskomu ûridičeskomu žurnalu
Language(s) - English
Resource type - Journals
eISSN - 2542-0364
pISSN - 2219-6838
DOI - 10.34076/2410-2709-2017-5-97-105
Subject(s) - legislation , stipulation , social security , business , law and economics , public relations , political science , law , economics
The article deals with the international standards of social security from the position of stipulation of social risks in them. On the basis of the state self-limitation theory, the author concludes that there exists a process of self-limitation in the field of social security. By ratification of international treaties establishing standards in the field of social security, a state limits itself. Thereby the state makes a commitment to support its citizens in prevention, overcoming, and compensation of social risks. It demands from the state to formalize the social risks in the national legislation.It is proved that formalization of social risks in national legislation is an inner aspect of the self-limitation process in the field of social security. Some social risks might be also stipulated in international documents, in particular, in the UN and the International Labour Organization instruments. Both internal and external aspects of the self-limitation process in the field of social security are in close interrelation. At the same time, implementation of certain international standards entails significant financial and organizational budget expenditures, therefore such standards can be implemented in part. From the author’s point of view, it is the internal aspect of self-limitation that serves as a guarantee from arbitrariness of a legislator in formalization of social risks.