Social risk and the mechanism of legal regulation of social security

Abstract

Protection from social risks, which one of the main ways is to compensate for their negative consequences in the social security system, is impossible without the law regulation. Various legal means are formed into an integral mechanism for social security legal regulation. The article analyzes the interaction and interdependence of the mechanism of social security legal regulation and social risk. The study is based on the theory of the legal regulation mechanism proposed by S. S. Alekseev. The article shows how the various stages of the legal regulation mechanism correlate with the dynamics of social risk. At the first stage, which consists in the formation of legislation on social security, the model of social risk and its compensation are fixed in the law. On the basis of legal acts, in combination with specific life circumstances, the second stage of the mechanism of social security legal regulation begins — the acting of legal norms that determines the emergence or change of legal relations for the establishment of social benefits. At the moment, the individual’s awareness of social risk and the application for social security acquire significance. The third stage of the mechanism of social security legal regulation is the implementation of rights and obligations, when legal regulation achieves its goals. This makes it possible to assess the effectiveness of the legal regulation mechanism. The appeal to the theory of the legal regulation mechanism, its correlation with the concept of social risk can help increase the efficiency of the realization of rights to social security. This is all the more relevant because life gives rise to new dangers that may require their acceptance as social risks and guaranteed protection from their negative consequences.