Application of the Results of the Assessment of Working Conditions to Legal Relations on Compulsory Social Insurance: Some Controversial Issues
- Authors: Galaeva L.A.1
-
Affiliations:
- FSBEI of HE «Ogarev Mordovia State University»
- Issue: Vol 18, No 6 (2022)
- Pages: 23-31
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/545897
- ID: 545897
Cite item
Abstract
The article deals with certain problems of legal regulation of relations on compulsory social insurance in connection with the spread to the sphere of these public relations of the results of the assessment of working conditions as part of the certification of workplaces (AWP) and a special assessment of working conditions (SOUT). The author focuses on the problems of legal regulation of only financial, legal and social security relations in the general structure of mandatory social insurance relations. The methodological basis of the study was the formal legal method, the use of which contributed to the disclosure of intersectoral systemic links in the legal regulation of financial, legal and social security relations in connection with the results of the automated workplace and the SAUT. An analysis of the current labor, social security and tax legislation makes it possible to identify problems of legal regulation of the application of the results of the AWP and SOUT in the following frequent cases: 1) when establishing the final diagnosis of an occupational disease and qualifying the latter as an insured event; 2) when determining complex legal (actual) structures in the process of exercising the right of employees to early retirement benefits; 3) in legal relations on the participation of employers (insurers) in the payment of additional tariffs for insurance premiums for compulsory pension insurance.
About the authors
Lyudmila A. Galaeva
FSBEI of HE «Ogarev Mordovia State University»
Email: vikanayka@mail.ru
Cand. Sci. (Law), Associate Professor, Associate Professor of Civil Law and Proceeding Law Department Saransk, Russian Federation
References
- Alekseev S.V., Antonova N.V., Kamenskaya S.V., Korshunova T.Yu. Scientific and practical commentary on Section VI of the Labor Code of the Russian Federation (chapters 20-22) «Payment and labor rationing» (ed. by T.Yu. Korshunova, PhD in Law). // Institute of Legislation and Comparative Law under the Government of the Russian Federation. M.: LLC «Law Firm Contract», 2020. -144 p. // SPS «GARANT».
- Galaganov V.P. Legal regulation of relations on compulsory social insurance (problems of theory and practice) dis. … doc. jurisprudence. M., 2009. 328 p.
- Blagodir A.L. Relations on compulsory social insurance in the subject of labor law: history and modernity // Journal of Russian law. 2018. No. 7. P. 73-81.
- Borodina E.N. The concept and classification of legal relations on social insurance // Gaps in Russian legislation. 2012. No. 1. P. 118-120/
- Galaeva L.A. Analysis of the legal regulation of establishing the legal fact of an occupational disease and its qualification as an insured event in the light of the current labor and social security legislation // World of Science and Education. 2017. No. 2 (10). P. 4
- Korsanenkova Yu.V. Intersectoral links of social security law: the current state and their impact on the further development of the industry. Abstract dis. … Doctor of Law. M., 2021. 51 p.