Abstract: The article concerns the chain of consecutive changes in the order of administration and organization of the Russian system of social guarantees from the time of its formation after the October Revolution of 1917. The historical experience of administration of social security in the conditions of the Soviet statehood allows one to draw a number of parallels with the latest reorganizational solutions of the Russian government in this sphere and to provide their objective evaluation. The issues of implementation of the social policy of the state were from time to tim redistributed among three institutions (people’s commissariats or ministries), which were in charge of the healthcare, labor safety and social guarantees. These administrative decisions had a direct influence on the formation of the system of sources of the social guarantees law. Centralized administration of the entire system of social guarantees by one competent body leads to the tendencies of codification of the social legislation, while administrative division of issues of social guarantees among different institutions leads to growing of the normative legal mass.

Keywords: social guarantees, social protection, social insurance, People’s Commissariat of Social Guarantees, codification of the social legislation, insurance payments, State Committee for Labor, Ministry of Social Guarantees, social policy, Ministry of Health and Social Development of the Russian Federation.

Abstract: In the absence of legal and scientific definitions of compensation payment, the author formulates the characteristic features, allowing to distinguish compensation payments from the other types of monetary social guarantees, as well as from the compensations in other branches of law. The author makes a conclusion that in order for the compensation legal relation to appear, there has to be a primary material legal relation, within which there is an object of compensation, at which the compensation influence is directed. The quality characteristics of a compensation payment presupposes defining the compensated amount of the object of compensation. It is noted that the compensation element includes the need for procedural calculation of compensated amount based upon the sum of compensation object. The author reveals the connection between compensation legal relation and the “primary” material legal relation, within which the compensation object exists. The connection between the legal relations is so substantial, that is allows one to speak of the presence of the legal construction of a legal relation. The primary legal relation may be either a social guarantee legal relation, or a legal relation outside of the scope of legal guarantees. In the first case both legal relations shall be public, while in the second case the one legal relation shall be private, while other would be a public one. The latter option for interaction of legal relations may possible be one of manifestation of the inter-branch integration.

Keywords: compensation relation, legal construction of legal relation, compensation object, compensated amount, compensation payment, “primary” relation, compensated obligation, restoration of proprietary situation, interaction of legal relations, constructive element.

Abstract: The issue of the place of insurance in general, and obligatory social insurance in particular, within the system of law of Russia is disputable, and there is no unified approach in the legal science towards this issue. In the opinion of a number of scholars, such as V. Roik, obligatory social insurance should be singled out as an independent legal branch, having certain elements, such as an object, method, system, principles of legal regulation, etc. However, it should be noted, that the legal relations concerning obligatory social insurance have all of the elements of financial legal relations, which provides for its status as an institution of financial law. The study was based upon the analysis of the legal scholars no role and place of insurance within the system of obligatory social insurance. As the conclusions of this article, the following may be noted: 1. The social insurance law based upon the position of V. Roik, distinguishes the subject element of persons having a right for insurance guarantees within the social insurance system. Therefore, the constitutional principle of equality of people is violated. 2. Financial guarantees of the social insurance system are still partially provided by the federal budget and the budgets of the constituent subjects of the Russian Federation. It should be noted that formation and use of the budget funds is an object of financial law. 3. Insurers in the obligatory social insurance relations shall be state non-budgetary funds, and their finances form part of the budget system of the Russian Federation, being categorized as “federal property”. The budget process and legal regime of federal property fall within the scope of object of legal regulation of financial law. Therefore, the existing system of obligatory social insurance may not be singled out as an independent branch of law, being a complex legal structure, which is regulated by financial law.

Keywords: financial law, obligatory social insurance, law of social insurance, social guarantees, obligatory insurance finances, social protection, social insurance relations, labor law, budget process, obligatory medical insurance

Abstract: Based on the analysis of current legislation, the author comes to a conclusion on the presence of three models of legal regulation of social guarantees for the persons employed in specific types of professional activity. The first model is aimed to form the individual systems of protection of people from the risk related to the specific features of their work (taking into account various forms of implementation of the right to work) based on the provisions of specialized normative acts (one or several) of legislative level. The second model provides for the specific norms for certain categories of persons within general legal acts. This model is used within the system of obligatory pension insurance. The third model combines the elements of two previously mentioned models, and it is typical for the guarantees for the civil officers, who, while being included into the system of general social insurance guarantees, have the right for the length of service pension provided by the state, as well as for the social guarantees for the workers in the coal mining industry, and members of civil aviation crews.

Keywords: jurisprudence, differentiation, legal, regulation, social, guarantees, model, professional, activity, risk.

Abstract: This article concerns the differences between various forms of non-binding acts of the International Labor Association (ILOO) from the point of view of the procedure for their adoption, sphere of their application of legal status: declaration, resolutions, recommendations and opinions. The author attempts to evaluate the possibilities for the application of the non-binding ILO acts by the parties of the social partnership in the sphere of labor. Since some of these provisions have detailed character, they may be included into the social partnerships at the local level. For example, the ILO non-binding acts include the norms, which improve the position of workers in comparison to those provided by the national legislation. The courts may apply the norms of the non-binding acts in order to clarify the provisions of national legislation. It is established that the provisions of the non-binding acts are included into the international treaties with passage of time, and so they become binding. The development of the modern forms of international treaties allows for the harmonious combination of the features of normative and non-binding elements, as well as for the simplified procedure for amendments.

Keywords: jurisprudence, the ILO, non-binding acts, the International Labor Association, international labor law, social dialogue in the sphere of labor, declaration, resolution, social partnership, mechanism for the implementation, modern international acts.

Abstract: Based upon the analysis of current legislation, the author comes to a conclusion that the temporal limitation period for the claims to the State Labor Inspection and to the prosecutors should be established in addition to the temporal limitation periods for the claims to the labor dispute commission and to the court. Based upon the analysis of the existing scientific approaches to the understanding of legal nature and limitation periods for the claims for the protection of labor rights, the author offers some possible solutions for the existing problems. Additionally, based upon the practice of the district courts of Voronezh, the Supreme Court of Russia, and the legal positions of the Constitutional Court of Russia, the author uncovers the problems related to the starting point of the limitation periods for the labor rights claims, and she makes proposals on the amendments to the existing legislation in order do deal with the problems.

Keywords: jurisprudence, labor law, protection of labor rights of workers, legal means of protection, limitation period, application of limitation period, restoration of limitation period, missing the limitation period for the claims for the protection of rights.

Abstract: The article concerns the aims of the social maternity leave and child care leave, the author analyzes the procedure for its provision, period of such leaves, pays attention to the topical issues in this sphere based on the analysis of current legislation.

Keywords: jurisprudence, social leave, maternity leave, pregnancy and childbirth leave, child care, Decree, legislation, agreement, period of the child care leave.