SOME ASPECTS OF THE CONCEPTUAL FEATURES OF THE JURIDICAL NORMS OF SOCIAL SECURITY LAW OF THE RUSSIAN FEDERATION

The article analyses the legal nature of the norms of social security law by resorting to the state-and-power features of these norms and their internal structure. As a result of consideration of the first question the authors of the article make a conclusion that it is necessary to recognize norms of social security law only as obligatory rules of conduct proceeding directly from the state in the name of authorized organs and organizations. The norms accepted by other subjects, despite their aim of rendering assistance or maintenance and authorization by the state, cannot be recognized as the norms of social security law because these norms are deprived of the status to be social instructions; they should refer to the branch of labour or civil law. Therefore their presence in the Russian legal system increases neither volume, nor a variety of norms of social security law; but simultaneously it is necessary to recognize their presence as quite well grounded, expedient, especially against serious problems in the system of the state insurance maintenance. Research of the problem of the structure of the norms of social security law is to consider the question of existence of social security sanctions. The authors share a position according to which the sanction representing negative consequences, expressed in the form of responsibility, is not considered as an obligatory structural element of any juridical norm. Realization of many norms of various branches of law does not require compulsory influence on the subjects, because of the character of instructions fixed in them, therefore these norms consist of two parts: hypotheses and dispositions. Absence of sanctions in such norms does not deprive these norms of quality of juridical instructions: any juridical norm is provided with measures of the state protection, thus the norm cannot have its own sanction as in this case such a norm is protected by the sanctions of juridical norms of other branches of law. Owing to the "giving-obliging" character, material norms of social security law also are deprived of sanctions. The obliged subject in material legal relations is a state organ or organization, but legislation does not establish sanctions for failure of their duties. The subject having competence in these relations is poor citizens or families; the establishment of sanctions for non-use of competences is deprived, in turn, of any sense as the subject having competence is independent in the right to use or not-to-use the possibility of receiving help or maintenance from the state. In this connection the authors come to a conclusion, that special social security sanctions do not exist as in social security law there are no measures of juridical responsibility, there are only measures of protection.