Section III. Concept and sources of international legal regulation of social security

Regulatory legal acts in the field of social security and decisions taken must meet the highest requirements, comply with global human rights standards and international social security standards.

The international legal regulation of social security is based on UN acts that enshrine fundamental human rights. The Declaration of Rights and Freedoms of Man and Citizen, adopted by the Supreme Council of the RSFSR on November 22, 1991, and the Constitution of the Russian Federation are based on modern international legal regulation of social security. The Declaration enshrines the right of everyone to social security based on age, in the event of loss of ability to work, loss of a breadwinner and in other cases established by law. For the first time, it proclaimed the principle that pensions and benefits should ensure a standard of living not lower than the minimum subsistence level established by law. The Constitution of the Russian Federation enshrines the fundamental rights and freedoms of man and citizen, especially the recognition that generally recognized international norms and principles and international treaties of the Russian Federation are an integral part of the legal system of our country and have the highest legal force.

The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, had a positive impact in the field of human rights protection: Art. 22 establishes the right of every person, as a member of society, to social security and to the exercise of the rights necessary for the maintenance of his dignity and the free development of his personality in the economic, social and cultural fields, through national efforts and international cooperation, in accordance with the structure and resources of each State.

The second most important international act is the International Economic Pact. social and cultural rights (UNGA 12/16/19661) recognizes the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, housing, the right to continuous improvement of living conditions, to the highest attainable level of physical and mental health. In cases of violation, it provides for the possibility of appeal to the Human Rights Committee.

The International Labor Organization (ILO) played an important role in the legal regulation of social security in the world, operates on the basis of an agreement with the UN, was created in accordance with the Versailles Peace Treaty in 1919 together with the League of Nations and survived this organization. The number of ILO member states is currently 175. The ILO Declaration on Fundamental Principles and Rights at Work and the mechanism for its implementation emphasizes that the ILO is an organization with a mandate and is the competent body for the adoption and application of international labor standards, enjoys universal support and recognition in promoting the application fundamental rights at work, which are an expression of its constitutional principles. ILO principles: 1) universality; 2) tripartiteness; 3) a combination of development and adoption of standards with monitoring of their compliance.

International standards in the field of social security are aimed at improving the very system of domestic national social security law. It is the duty of an ILO member state to make changes to its legal system in accordance with the ILO Conventions; it arises if ILO standards contain more favorable conditions than the internal standards of the state.

International standards in the field of social security are contained in various international multilateral and bilateral treaties, agreements, and advisory acts. ILO standards are aimed at establishing the principle of equality, primarily in the field of social security. Russia has not ratified most of the social security conventions

International legal regulation is expressed in the development of international legal standards in the field of social security, in the harmonization and coordination of national legislation on the preservation of acquired rights to social benefits when a citizen moves from one state to another in the course of work or the preservation of acquired rights to a specific type of pension or benefits when changing the country of permanent residence.

Some options for the impact of international social security norms on domestic legislation can be identified: direct application of international instruments after their ratification; inclusion of international standards in the text of laws; implementation of the provisions of ratified or unratified acts through domestic legislation.

Harmonization of international legal regulation is carried out through the formulation of general principles, which can then be embodied in the national legislation of different countries. One of the striking examples of harmonization is the International Labor Organization (hereinafter referred to as ILO) Convention No. 117 on the Fundamental Objectives and Standards of Social Policy (1962). Declaring that all possible measures should be taken at the international, regional and national levels to promote progress in such areas as health, housing, food supply, education, child welfare, women and others.

If general principles are enshrined in the norms of an international treaty, then their implementation becomes mandatory for the participating states or countries that have ratified the treaty. As a rule, such norms establish only minimum standards. In particular, the ILO Minimum Standards of Social Security Convention No. 102 (1952) defines the scope, conditions of provision and amounts of payments for the occurrence of major social risks. They must be respected by states that have ratified the Convention for at least three types of payments.

Coordination of domestic legislation of different countries in the field of social security is carried out in the following areas:

prohibition of discrimination against citizens of countries party to an international treaty on the basis of nationality;

resolving issues of applicable law;

summation of social insurance periods. professional activity or residence in countries party to the treaty to acquire the right to a specific type of pension or benefit;

establishing conditions for receiving payments in one of the participating countries in cases where the right to them was acquired in other countries;

mutual settlements between countries to finance payments when citizens move from one country to another.

Europe's first bilateral social security treaty was concluded between France and Italy in 1904. It prohibited discrimination based on nationality in social security. This meant that the parties agreed to provide migrants with the same social security rights as their own citizens.

Since then, the coordination of national social security systems has been an important area of ​​activity for many international organizations. In 1935, the ILO initiated the creation of a coordinating system of legislation in the field of social security.

The signing on March 29, 1966 in Moscow of the Treaty on Deepening Integration in the Economic and Humanitarian Fields between Belarus, Kazakhstan, Kazakhstan, Kyrgyzstan and Russia indicates the beginning of a search for new ways and methods of cooperation. Article 1 of the Treaty legally establishes as the main goal the creation of a society of integrated states. And the more specific objectives of integration were proclaimed: consistent improvement of living conditions, protection of individual rights and freedoms, achievement of social progress, formation of a single economic space, providing for the effective functioning of a common market for goods, services, capital and labor, development of unified transport, energy, information systems, development of minimum standards for social protection of citizens.

The implementation of these tasks is impossible without expanding the process of labor migration. The most significant increase in migrants was due to exchanges with Kazakhstan, Uzbekistan and Ukraine. The need for adequate legal regulation of the processes of migration of the working-age population, ensuring social protection of migrants and members of their families, harmonization and coordination of legislation in the field of social security of the CIS member states is relevant.

The first step towards the harmonization of legislation in the field of social security was the Agreement on Guarantees of Citizens' Rights in the Field of Pension Security of March 13, 1992, which was signed by Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. The agreement applies to all types of pensions provided for by both current and future legislation.

The parties to the Agreement undertook to assign and pay pensions in accordance with the laws of the country of residence, taking into account the length of service acquired in the territory of any of these states, as well as the former USSR for the period before March 13, 1992. The amount of earnings (income) for calculating the pension is determined from the officially established exchange rate of national currencies at the time the pension is assigned. The pension amount is revised in accordance with the legislation of the country of residence.

Documents necessary for granting a pension and issued on the territory of the CIS member states and states that were part of the USSR, or before December 1, 1991, are accepted without legalization.

Documents drawn up in foreign languages ​​are accepted. if the accuracy of the translation is certified either by a notary or a consular office.

All costs of financing pension provision are borne by the state providing the provision. Mutual settlements are not made unless otherwise provided by bilateral agreements. Pension provision for military personnel of the Armed Forces of the states party to the Agreement and the procedure for allocating funds for these purposes are regulated by special agreements.

When a pensioner resettles within the states party to the Agreement, the payment of the pension at the previous place of residence is terminated if a pension of the same type is provided for by legislation at the new place of residence.

Issues of pension provision in the CIS member states are also regulated by bilateral agreements. In particular, on February 10, 1995, the Government of the Russian Federation and the Government of the Republic of Moldova signed a bilateral Agreement on guarantees of the rights of citizens in the field of pensions. This agreement applies only to legal relations that arose after December 4, 1995, that is, after it came into force. It applies to citizens of the Russian Federation and citizens of the Republic of Moldova, members of their families, foreign citizens and stateless persons permanently residing in the territory of these states.

The agreement does not apply to military personnel of the Armed Forces and Border Troops, commanding and rank-and-file personnel of internal affairs and state security bodies of the Russian Federation and the Republic of Moldova. as well as members of their families. These persons are covered by a separate agreement.

Temporary agreement between the Government of the Russian Federation and the Government of Ukraine of January 15, 1993 on guarantees of the rights of citizens working in the regions of the Far North and areas equated to regions of the Far North. in the field of pension provision, it is stipulated that the amount of pension payable outside the Russian Federation is determined without taking into account the compensation payment and the regional coefficient.

International treaties establish that payment of pensions six or two months in advance is not made when a pensioner leaves Russia for permanent residence in Armenia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Ukraine. Czech Republic. Slovakia, Bulgaria, Romania, Hungary, Mongolia.

However, social protection of migrant workers cannot be limited to pensions alone. Equally important is the appropriate provision of family members, in particular, the provision of child benefits and other social benefits. Unfortunately, the CIS member countries do not yet have their own experience in this area of ​​interstate relations, so focusing on legal principles and structures can be very useful. used in solving similar issues in the EEC countries.

The agreement with Kazakhstan was concluded in order to implement the Agreement between the Russian Federation and the Republic of Kazakhstan on the basic principles and conditions for the use of the Baikonur cosmodrome dated March 28, 1994 and the Lease Agreement for the Baikonur complex between the Government of the Russian Federation and the Government of the Republic of Kazakhstan dated December 10, 1994: Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on guarantees of pension rights of residents of the city of Baikonur of the Republic of Kazakhstan dated April 27, 1996 (Not officially published in the Russian Federation and not ratified by it. The document is contained in the Garant information and legal system. The agreement is subject to ratification and remains in force for the duration of the lease of the Baikonur complex established by the Agreement between the Russian Federation and the Republic of Kazakhstan on the basic principles and conditions for the use of the Baikonur cosmodrome dated March 28, 1994 and the Lease Agreement of the Baikonur complex between the Government of the Russian Federation and the Government of the Republic Kazakhstan dated December 10, 1994.)

In relations with Belarus, international legal regulation of social security is carried out on the basis of Art. 8 of the Community Treaty of Russia and Belarus of April 2, 1996, states introduce uniform standards of social protection, provide citizens of both states with social guarantees, the content of which in relation to social security is disclosed in the Decision of the Supreme Council of the Community of June 22, 1996 No. 4 "On equal rights of citizens to employment, wages and the provision of other social and labor guarantees,” and also equalize the conditions of pension provision, levels of benefits and benefits for war and labor veterans, disabled people and low-income families. The Charter of the Union of Belarus and Russia dated May 23, 1997, defining the general tasks of the Union in the social field, included among such tasks “the development of uniform approaches to calculating wages, pensions, including the amount of benefits for war veterans, armed forces and labor, disabled people and low-income families, as well as when determining benefits and other social protection measures.” (Article 10 of the Charter).

The Multilateral Agreement on Pension Rights has not been signed by Moldova. According to the reservation made by the representative of the Republic of Moldova, the issue of guarantees of pension rights was classified as a subject of exclusively bilateral regulation, which explains the general nature of the signed bilateral agreement: Agreement between the Government of the Russian Federation and the Government of the Republic of Moldova on guarantees of the rights of citizens in the field of pensions of February 10 1995

An important stage in determining the foundations of legal regulation in the field of social security was the consolidation of general principles of cooperation in the implementation of the human right to social security by the CIS member states in the CIS Convention on Human Rights and Fundamental Freedoms of May 26, 1996 and in the Charter of Social Rights and Guarantees of Independent Citizens states of October 29, 1994. These human rights acts confirmed the commitment of the CIS member states to the principle of comprehensiveness and diversity of types of social security, to which every person has the right, regardless of race, nationality, gender, language and other differences (Article 16 of the Convention , Art. 40 of the Charter), guarantee of provision of social security in the case where a person does not have sufficient funds and cannot obtain such funds through his own efforts or from other sources (Art. 16 of the Convention), preservation of rights to pension benefits when moving (Art. 40 Charter).

Coursework plan

Introduction.

1. The essence of international legal regulation of social security.

• 1.1. The concept of international legal regulation of social security.
• 1.2. Principles of international legal regulation of social security.

2. The role of international standards in the legal regulation of social security.

• 2.1. Concept and types of international social security standards.
• 2.2. International standards of social security in agreements concluded within the framework of interstate associations and international organizations.

Conclusion.

List of used sources and literature.

Introduction

The growing influence of international law on the system and branches of domestic law, the strengthening of interstate migration of the population predict deep multilateral interaction between countries in the international legal regulation of relations in the field of social security, expressed in the conformity of the legislation of a number of states concerning the most important social issues: obtaining and maintaining the right to social provision when citizens move to another country in the process of carrying out their work activities and when changing their permanent place of residence. The right of citizens to social security has been comprehensively enshrined in acts of international law, as it occupies one of the most important places among other socio-economic human rights.

Despite the fact that international legal regulation is considered as complementary to national legislation, the basic basis of the right to social security must be consistent with international social security standards.

Elimination of conflicts of legal acts, i.e. clashes of legal norms governing the same social relations is the most important area of ​​international regulation. The direct decree of international conventions on the applicable legislation prevents cases where the legal acts of several states can be applied or the legislation of none of them can be used.

The relevance of this topic is due to the fact that issues of social security in international law are reflected in many textbooks on social security law published in recent years. At the same time, no studies specifically devoted to these issues have been conducted. Also, the generally accepted concept of international legal regulation and international standards of social security is not defined.

It is the standards of international legal regulation of social security that are the object of the course work.

Regulatory legal acts regulating legal relations in this area served as the subject.

The purpose of the research of this work is an analysis of international legal regulation of social security.

Job objectives:

• - define the concept, principles and limits of international legal regulation of social security;
• - justify that legal regulation of social security is carried out at two levels: international and domestic;
• - compare international acts establishing international social security standards and Russian legislation to ensure that the latter meets the requirements for modern social security systems.

The normative basis was formed by the Constitution and regulations governing social security relations of the Russian Federation and the provisions of international legal acts.

The subject, object, purpose and objectives of the study determine the structure of the course work, consisting of an introduction, two chapters, a conclusion and a list of references.

Specialty 030912 “Law and organization of social security”

PCC of social, humanitarian and legal disciplines

Course work
International legal regulation of social security

Performed:
Table of contents
Introduction………………………………………………………………………………………...3
Chapter 1 Concept and objectives of international legal regulation of social security.. ………………………………………………………...6
1.1. The essence of international legal regulation of social security……………………………..6
1.2. Principles of international legal regulation of social security………………………....12
Chapter 2 Sources of international legal regulation of social security. ………………………..24
2.1. international legal regulation of social security by UN acts
…………………………………………………………………………..24
2.2. international legal regulation of social security by ILO acts. …………………...21
2.3. international legal regulation of social security within the CIS.
Conclusion………………………………………………………………………………….....42
List of references………………………………………………………...45
Applications…………………………………………………………………………………..….49

Introduction
One of the most important areas of international regulation is the elimination of conflicts of legal acts. International conventions directly indicate the applicable legislation in order to avoid cases where the legal acts of several countries can be used simultaneously or the legislation of no country can be applied. It is not customary to leave the resolution of this issue to the discretion of the interested parties.
There is a well-known contradiction of interests between employers and employees in the field of social security: workers strive to join the social security system that provides them with the greatest benefits, while employers try to extend to their staff the system that provides the least payments. In this case, the choice of legislation to be applied is usually determined by the nature of the professional activity:
? day of hired workers;
? self-employed persons;
? unemployed persons;
For workers sent to another state;
? workers of road, railway, sea, river, air international transport;
? employees of diplomatic missions.
Thus, international legal regulation of social security is carried out in various directions, including the preservation of acquired rights in the field of social security, determination of applicable legislation, payment of pensions and benefits abroad, etc.

The object of study of the course work is……….
Item…………………….. -
The purpose of the work is to develop the fundamentals of the concept of international social security standards as one of the factors of international legal regulation in this area, aimed at establishing consistent requirements for modern social security systems.
Tasks:
1. justify that the legal regulation of social security is carried out at two levels: international and domestic, since the social security system, within the framework of which the internationally recognized human right to social security is implemented, must be established by the state taking into account international standards;
2. define the concept, functions and limits of international legal regulation of social security
3. analyze the main international acts establishing international standards of social security, in comparison with Russian legislation for the latter’s compliance with the requirements for modern social security systems
Theoretical and methodological basis of the study.
In the study of international social security standards, both general scientific methods of cognition (method of system analysis, laws of formal logic and comparison), as well as private scientific methods (formal legal and comparative legal) were used.
The normative basis of the study was the Constitution of the Russian Federation, the provisions of international legal acts, including acts of the International Labor Organization (hereinafter referred to as the ILO), the Council of Europe, the Commonwealth of Independent States (hereinafter referred to as the CIS, the Commonwealth), normative legal acts of the Russian Federation regulating relations in social provision, and its empirical basis is the judicial practice of the Constitutional Court of the Russian Federation, the European Court of Human Rights (in cases of protection of social rights of citizens) and the Economic Court of the CIS
Structure of the work: the work consists of an introduction, two chapters, a conclusion, a list of references and applications.

Chapter 1
1.1.The concept of international legal regulation of social security

The right of citizens to social security occupies an important place among other socio-economic human rights and has been comprehensively enshrined in acts of international law.
International legal regulation of social security is expressed in the development of international standards in the field of social security, harmonization and coordination of national legislation on the issues of maintaining acquired rights to social benefits when a citizen moves from one state to another in the course of work or maintaining acquired rights to a specific type of pension or benefits when changing the country of permanent residence.
This regulation should be considered as voluntary-mandatory and complementary to national legislation in the field of social security. It is based on the ratification of conventions and other acts of international organizations and their bodies, of which the Republic of Belarus is a participant (member). This is mainly due to the activities of the United Nations (UN), the International Labor Organization (ILO), and the Commonwealth of Independent States (CIS). In addition, this is achieved through the conclusion by the Republic of Belarus of bilateral and multilateral international legal treaties with other states or the inclusion of international norms in the text of national laws.
One of the fundamental rights of every person is the right to social security, that is, the right to receive benefits in the event of unemployment, temporary disability, disability, loss of a breadwinner, old age or other loss of livelihood due to circumstances beyond a person’s control. This right finds its legal recognition in such acts as the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights of Man and Citizen (1966). According to Part 1 of Art. 8 of the Constitution of the Republic of Belarus, the state recognizes the priority of generally recognized principles of international law and ensures compliance of domestic legislation with them.
There are several ways in which international social security standards can influence domestic legislation:
- direct application of international instruments after ratification;
- inclusion of international standards in the text of laws;
- implementation of the provisions of ratified or unratified acts through domestic legislation.
Harmonization of international legal regulation is carried out through the formulation of general principles, which can then be embodied in the national legislation of different countries. One prominent example of harmonization is the ILO Convention No. 117 on Fundamental Objectives and Standards of Social Policy (1962), which states that all possible measures should be taken at the international, regional and national levels to promote progress in areas such as health , housing construction, food supply, education, concern for the welfare of children, the status of women, social security, etc.

1.2. Principles of international legal regulation of social security

Conclusion

So, I reviewed the topic “International legal regulation of social security”, and I believe that the goals of my work have been achieved.
Now let's summarize the work.
Regulatory legal acts in the field of social security and decisions taken must meet the highest requirements, comply with global human rights standards and international social security standards.
In accordance with international instruments, human rights are universal and can be enjoyed by all people without any discrimination. Respect for individual rights must be promoted at all times, regardless of existing conditions or political system. The rights of a person or group of persons can be limited only if their exercise limits the same or comparable rights of other persons.
In international law, the principles of respect for human rights, their international norms and standards have been clearly defined. Thus, general principles of law are principles of international law that express generally accepted norms of behavior of subjects of international law.
The range of sources of social security law is very diverse. A single codified law covering the entire range of social security relations has not yet been adopted. Therefore, the main role in regulating social security relations belongs to laws

1. International Covenant on Economic, Social and Cultural Rights: adopted at the 21st session of the UN General Assembly on December 16. 1966 // Verkhov Vedomosti. Soviet of the USSR. - 1976. - No. 17. - Art. 291.

2. Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948) // Russian newspaper. 1998. 10 Dec.

3. Declaration of the International Labor Organization on fundamental principles and rights in the world of work // Rossiyskaya Gazeta. 1998. 16 Dec.

5. International Covenant of December 16, 1966 on civil and political rights: Ratified by the Decree of the Presidium of the Supreme Soviet of the USSR on September 18, 1973 No. 4812-VIII // Bulletin of the Supreme Court of the Russian Federation. 1994. No. 12..

6. UN General Assembly Resolution 48/141 High Commissioner for the Promotion and Protection of All Human Rights of December 20, 1993 // The text of the resolution was not officially published. See: Current international law: Sat. M., 1998. T. 2.

7. Decree of the President of the Russian Federation of March 29, 1998 No. 310 “On the Commissioner of the Russian Federation at the European Court of Human Rights” // Collection of legislation of the Russian Federation. 1998. No. 14. Art. 1540.

8. Charter of the United Nations (San Francisco, June 26, 1945) // The text of the charter was not officially published..

9. Federal Law of February 23, 1996 No. 19-FZ “On Russia’s accession to the Statute of the Council of Europe” // Collection of legislation of the Russian Federation. 1996. No. 9. Art. 744.

10. Federal Law of March 30, 1998 No. 54-FZ “On the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto” // Collection of legislation of the Russian Federation. 1998. No. 14. Art. 1514
11. On professional rehabilitation and employment of disabled people: ILO convention of June 20, 1983, No. 159 // International protection of human rights and freedoms: collection. documents. - M., 1990. - P. 270-273.
12. On equal treatment and equal opportunities for working men and women: workers with family responsibilities: ILO Convention of June 23, 1981, No. 156 // ConsultantPlus: reference legal system.
13. On economic, social and cultural rights: international. pact of December 16, 1966 // Current international. right. - M., 1996. - T. 1. - P. 7-33.
14. Agreement on guarantees of the rights of citizens of member states of the Commonwealth of Independent States in the field of pensions, March 13, 1992 // Commonwealth. Information bulletin of the Council of Heads of State and the Council of Heads of Government of the CIS. - 1992. - No. 3.
15. Agreement on the provision of medical care to citizens of the CIS member states, March 27, 1997 // Commonwealth. Information bulletin of the Council of Heads of State and the Council of Heads of Government of the CIS. - 1997. - No. 2 (26)

List of used literature
1) Antropov, V.V. Social protection in the countries of the European Union. History, organization, financing, problems / V.V. Antropov. - M.: Economics, 2006. - 271 p.
2) Buyanova, M.O. Social security law: textbook / M.O. Buyanova, K.N. Gusov. - M.: Prospect: Welby, 2007. - 640 s.
3) Galaganov, V.P. Russian social security: problems and prospects for development / V.P. Galaganov // State and law. - 1992. - No. 12. - P. 38-46
4) Galaganov, V.P. Social security law: textbook. allowance / V.P. Galaganov, S.V. Kharitonov. - M.: Academy, 2006. - 416 p.
5) Galaganov, V.P. State social assistance in the system of social security law / V.P. Galaganov // Law and politics. - 2003. - No. 6. - P. 81-87.
6) Geits, I.V. Guarantees, social protection and support of the population in the Russian Federation (based on materials from Federal Law No. 122-FZ) / I.V. Geitz. - M.: Business and Service, 2005. - 640 p.
7) Golenko, E.N. Social security law: textbook. allowance / E.N. Golenko, V.I. Kovalev. - M.: Jurisprudence, 2005. - 224 p.
8) Dolzhenkova, G.D. Social security law: textbook. allowance / G.D. Dolzhenkova. - M.: Yurayt, 2007. - 187 p.
9) Zakharov, M.L. Social security law in Russia: textbook / M.L. Zakharov, E.G. Tuchkova. - 4th ed., revised. and additional - M.: Wolters-Kluwer, 2005. - 466 p.
10) Kobzeva, S.I. International sources of social security law / S.I. Kobzeva // Law and State: Theory and Practice. - 2007. - No. 4. - P. 73-74
11) Martirosyan, E.R. New social security benefits (introduced on January 1, 2007) / E.R. Martirosyan. - Novosibirsk: RIPEL, 2007. - 96 p.
12) Filippova, M.V. Social security law: textbook / M.V. Filippova. - M.: Yurist, 2006. - 444 p.
13) Chepurnoy, A.G. International legal aspects of the formation of state policy on social protection of disabled combatants in the Russian Federation / A.G. Chepurna // State and law. - 2005. - No. 7. - P. 20-25
14) Sharin, V. Principles of the modern system of social assistance / V. Sharin // Social security. - 2003. - No. 12. - P. 2-8
15) Yakushev, L.P. Social security in foreign countries. Research Institute of Labor / L.P. Yakushev. - M., 2005

Special part:

Topic 25. International legal regulation of social security.

The right of citizens to social security occupies an important place among other socio-economic human rights, and has been comprehensively enshrined in acts of international law.

International legal regulation of social security expressed in the development of international standards in the field of social security, in the coordination of national legislation on the preservation of acquired rights to social benefits when a citizen moves from one state to another in the course of work or the preservation of acquired rights to a specific type of pension or benefit when changing the country of permanent residence .

This regulation should be considered as voluntary-mandatory and complementary to national legislation in the field of social security. It is based either on the ratification of conventions and other acts of international organizations and their bodies, of which Russia is a participant (member). This is mainly due to the activities of the United Nations (UN), the International Labor Organization (ILO), and the Commonwealth of Independent States (CIS). In addition, this is achieved by Russia concluding bilateral and multilateral international legal treaties with other states or by including international norms in the text of Russian laws.

One of the fundamental rights of every person is the right to social security, that is, the right to receive benefits in the event of unemployment, temporary disability, disability, loss of a breadwinner, old age or other loss of livelihood due to circumstances beyond a person’s control. This right finds its legal support in such acts as the “Universal Declaration of Human Rights” (1948) and the International Covenant on Economic, Social and Cultural Rights of Man and Citizen (ratified by the Presidium of the Supreme Soviet of the USSR on September 18, 1973 and entered into force on September 23 March 1976).

According to Part 4 of Art. 15 of the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system, and international treaties signed and ratified by Russia take precedence over domestic legislation.

Main subjects of international legal regulation of social security currently the United Nations and the International Labor Organization. The UN Charter was adopted in San Francisco on June 26, 1945. The ILO is a specialized agency of the UN and, in accordance with its charter, is vested with the authority to adopt international conventions and recommendations, including on social security issues. The permanent body of the ILO is the International Labor Office (ILO), which serves as the secretariat of the ILO.

The subjects of international legal regulation of social security at the regional level or on a bilateral basis can be various associations of states. Thus, currently, members of the Commonwealth of Independent States (CIS), which was formed in 1991, have individual powers on this issue.

Sources of international legal regulation acts of the UN and the International Labor Organization (ILO), regional associations of states in Europe, America, Africa, the Middle East, bilateral and multilateral treaties.

The participation of the UN in the international regulation of social issues is provided for in paragraph 3 of Art. 1 and Art. 55 UN Charter , which enshrine the right of the UN, with the aim of creating the conditions of stability and prosperity necessary for peaceful and friendly relations between nations, to promote:

a) improving the standard of living, full employment of the population and the conditions for economic and social progress and development;

b) resolving international problems in the field of economic, social, health and similar problems; international cooperation in the field of culture and education;

c) universal respect and observance of human rights and fundamental freedoms for everyone, without distinction of race, gender, language or religion.

In Universal Declaration of Human Rights , approved by the UN General Assembly on December 10, 1948, enshrines fundamental social human rights.

In accordance with Art. 25 of the Declaration, everyone has the right to such a standard of living, including food, clothing, housing, medical care and necessary social services, as is necessary for the health and well-being of himself and his family, and the right to security in the event of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control.

Maternity and infancy give the right to special care and assistance. All children, whether born in or out of wedlock, should enjoy the same social protection.

The second most important UN document enshrining social human rights is International Covenant on Economic, Social and Cultural Rights, approved by the UN General Assembly in 1966.

According to the ILO Charter, one of the main directions of its activities is rule-making, that is, the creation of international standards. This is expressed mainly in the adoption of conventions and recommendations. Among the main ones are Convention No. 102 on minimum standards of social security (1952), Convention No. 117 on basic objectives and norms of social policy, Convention No. 118 on equality in social security, etc. In total, by 1995 their number reached 357 (175 conventions and 182 recommendations).

At the regional level The sources of international legal regulation of social security are acts adopted by European regional associations of states: the Council of Europe (CoE), the European Union (EU).

The purpose of the Council of Europe, in accordance with its Statute adopted in London on 5 May 1949, is to achieve greater unity among its members in order to protect and implement the ideals and principles which are their common heritage and to promote their economic and social progress.

This goal is achieved through the efforts of the bodies of the Council of Europe through the consideration of issues of common interest, the conclusion of agreements and the implementation of joint actions in the economic, social, cultural, scientific, legal and administrative fields. The Council of Europe has adopted more than 130 conventions, including in the field of social security. Among them are the European Social Charter (1961, new version signed on May 3, 1995), and the Charter of Fundamental Rights of Workers (1989).

In 1996, the Russian Federation acceded to the Statute of the Council of Europe.

A special group is formed agreements of the member states of the Commonwealth of Independent States . The first step towards the harmonization of legislation in the field of social security was the Agreement on Guarantees of Citizens' Rights in the Field of Pension Security of March 13, 1992, which was signed by Armenia, Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. The agreement applies to all types of pensions provided for by current and future legislation.

The signing on March 29, 1996 in Moscow of the Treaty on Deepening Integration in the Economic and Humanitarian Fields between Belarus, Kazakhstan, Kyrgyzstan and Russia legally enshrines the creation of a Community of Integrated States as the main long-term goal.

The parties to the Agreement undertook to assign and pay pensions in accordance with the legislation of the country of residence, taking into account the length of service acquired in the territory of any of these states, as well as the former USSR for the period before March 13, 1992. The amount of earnings (income) for calculating the pension is determined from the officially established exchange rate of national currencies by the time the pension is assigned. The pension amount is revised in accordance with the legislation of the country of residence.

Issues of pension provision in the CIS member states are also regulated by bilateral agreements. In particular, on February 10, 1995, the Government of the Russian Federation and the Government of the Republic of Moldova signed a bilateral Agreement on guarantees of the rights of citizens in the field of pensions. This agreement applies only to legal relations that arose after December 4, 1995, that is, after it came into force. It applies to citizens of the Russian Federation and citizens of the Republic of Moldova, members of their families, foreign citizens and stateless persons permanently residing in the territory of these states.

The temporary agreement between the Government of the Russian Federation and the Government of Ukraine of January 15, 1993 on guarantees of the rights of citizens who worked in the regions of the Far North and areas equated to the regions of the Far North in the field of pension provision stipulates that the amount of the pension payable outside the Russian Federation is determined excluding compensation payments and regional coefficient.

Minimum standards of social security are established by ILO Convention No. 102 (Geneva, 4 June 1952). This convention covers almost all types of social security (medical care, sickness benefits, unemployment benefits, old age benefits, benefits in case of work injury or occupational disease, family benefits, maternity benefits, disability benefits, case of loss of a breadwinner).

For example, the basis for the provision of old-age benefits (according to Russian law - old-age pension) is the employee reaching the age of 65 years. The competent authority may set a higher age limit taking into account the working capacity of older persons in the country concerned. A person is entitled to receive old-age benefits if he has 30 years of work experience or 20 years of residence in the country.

When the payment of old-age benefit is conditional on a minimum period of contribution or employment, the reduced benefit is paid to covered persons who have acquired 15 years of contribution or employment prior to the covered event.

A reduced pension is paid to persons who do not have the required length of service and the possibility of acquiring it due to age, but have 10 years of experience in paying contributions or being employed or living in the country for at least 5 years.

A country's legislation may provide for the suspension of benefit payments to eligible persons who are engaged in any specified income-generating activity.

Of great importance in international legal regulation is principle of equality in the field of social security, which is enshrined in ILO Convention No. 118 concerning the Equal Rights of Nationals and Foreigners and Stateless Persons in the Field of Social Security (Geneva, June 6, 1962). In accordance with it, states that have ratified the Convention provide on their territory to citizens of any other member state of the International Labor Organization the same rights as their own citizens, both with regard to the application of legislation to them and with regard to the right to benefits.

With regard to survivor benefits, equal rights apply to dependents, regardless of their nationality.

With regard to benefits (temporary disability, maternity, unemployment, etc.), equality is ensured without any residence condition as a necessary requirement for acquiring the right to these benefits.

As of 1998, ILO Convention No. 118 has not been ratified by the Russian Federation.

International legal regulation of social security for citizens is also carried out in other areas (preservation of acquired rights in the field of social security, determination of applicable legislation, payment of pensions and benefits abroad).