Gordienko, M.M. On the issue of the obligatory social insurance

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.

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