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

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.