On Some Issues of the Emergence and Implementation of the Right to Insurance Benefits of Persons Who Independently Provide Themselves with Work

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The article is devoted to the peculiarities of the legal regulation of social security relations with the participation of persons who independently provide themselves with work, in particular, relations related to the appointment of insurance benefits as a type of social security provision in social security law. The goals and objectives of the stated research topic are resolved in the context of the author’s classification of self-employed persons, which is made with reference to the current Russian legislation.

The features of legal relations regarding compulsory social insurance in case of temporary disability and in connection with maternity with the participation of persons who independently provide themselves with work within the framework of the Law of December 29, 2006 No. 255-FZ are analyzed. Attention is focused on the problem of determining the moment of occurrence of the legal fact of insurance of self-employed persons. The judicial practice related to determining the right to insurance benefits in the first calendar year of entry of self-employed people into legal relations for this type of compulsory social insurance is analyzed.

As a result of the study, the author comes to the conclusion that it is necessary to improve legislation in order to create legal conditions for the extension of the mentioned law to other categories (groups) of self-employed persons, in particular to persons acting as payers of tax on professional income.

Full Text

Restricted Access

About the authors

Lyudmila A. Galaeva

National Research Ogarev Mordovia State University

Author for correspondence.
Email: vikanayka@mail.ru
SPIN-code: 7923-6898

Cand.Sci.(Law), Associate Professor, Associate Professor of the Department of Civil Law and Procedure

Russian Federation, Saransk

References

  1. Dolinskaya V.V., Dolinskaya L.M. Problems of the legal status of the self-employed // Bulletin of the Moscow State Regional University. Series Jurisprudence. 2018. No. 1. P.113-128.
  2. Galaeva L.A., Sayfetdinova A.F. Legal issues of inclusion of persons who independently provide themselves with work in the system of compulsory social insurance // Economics. Sociology. Right. 2020. No. 1 (17). P.120-128.
  3. Mironenko E.I. Problems of legal regulation of social security for the self-employed // Education and Law.2022. No. 11. P.54-57.
  4. Pavlovskaya O.Yu. On the issue of legal regulation of self-employment // Law and Economics. 2018. No. 12. P.12-17.
  5. Pokida A.N., Zybunovskaya N.V. Regulation of the activities of self-employed citizens // Issues of state and municipal management. 2020. No. 1. P. 60–85.
  6. Pokida A.N., Zybunovskaya N.V. Self-employment in the Russian labor market. //Social and labor research. 2019. No. 3. P.18-29.
  7. Pokida A.N., Zybunovskaya N.V. Dynamics of shadow employment of the Russian population // Economic Policy. 2021. Vol. 16. No. 2. pp. 60–87.
  8. Sobol O.S. Tax on professional income in the system of special tax regimes: an experiment in legal support // Bulletin of the University named after O.E. Kutafina (MSAL). 2019. No. 7. P.104-111.
  9. Temirova Z. D. Current state and prospects for the development of social efficiency of the functioning of the compulsory social insurance system in case of temporary disability and in connection with motherhood // Financial Research. 2016. No. 1. P. 153-156.
  10. Chernova P.A., Shobey L.G. Legal status of the self-employed in the Russian Federation: problems and prospects // Education and Law. 2022. No. 4. P. 177-180.
  11. Shuvaev E.A. Status of a citizen registered as self-employed and problems of taxation of income of self-employed persons // URL: http://https://cyberleninka.ru/article/n/status-grazhdanina-zaregistrirovannogo-v-kachestve-samozanyatogo-i-problemy-nalogooblozheniya-dohodov-samozanyatyh-lits/viewer.

Supplementary files

Supplementary Files
Action
1. JATS XML

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies