Temporality in protection against social risk and legal regulation of social security: Domestic and international legal aspects

Abstract

Considering the issue of temporality in protection against social risk, the authors point out that this activity, which is complex in nature, includes, as one of the most important elements, compensation for social risks mediated by social security law. The conclusion is substantiated that the influence of time on the legal regulation of social security is manifested at two levels. First, time is included in the sectoral legal mechanism in the form of terms, which are associated with the implementation of the right to protection from social risk. These terms, formalized in the rules of law, must be adequate to the social risk, the goals of social security, and the financial and organizational capabilities of the state. Attention is drawn to the fact that the type of terms — the length of service (insurance experience, length of service, etc.) — is especially dependent on the passage of time, since the experience itself is formed in connection with long-term activity. In addition, over time, it is possible to introduce changes to the legislation that directly affect the implementation of social security rights of citizens. This is the second level of the impact of time on the legal regulation of social security — the impact from the outside. As the most striking example of such influence, the reform of the pension system of the Russian Federation is indicated, however, it is emphasized that international agreements on social security, including pensions, concluded by the Russian Federation and the states of the post-Soviet space, over time and as the priorities of the social policy of the state are gradually clarified, lose their force, are replaced by new agreements that have a serious impact on the realization of citizens’ rights. Thus, it is concluded that the problem of temporality in protection against social risk and legal regulation of social security at the domestic and international legal levels is multidimensional and deserves scientific attention.