Legal Norms of Social Security of Servicemen — Participants of a Special Military Operation

The article discusses the features of the legal regulation of social security of mobilized citizens, citizens who voluntarily joined the Armed Forces of the Russian Federation, and their family members in regions of Russia.

Aim. To identify the effectiveness of new approaches to establish legal regulation of military personnel’s social security in partial mobilization condition.

Task. To analyze the effectiveness, taking into account the criteria of regional legislators of the Russian Federation in establishing the right to social security of military personnel, which is provided in the form of lump-sum payments. To complete the study, to assess the level of social security guarantees for military personnel in the Russian Federation in comparison with the social guarantees provided in the countries that are part of the Eurasian Economic Union (EEU).

Methods. In this study, the tasks were solved by the author with the use of general scientific methods (comparative, formal, logical) and legal research methods (comparative legal statistical data).

Results. In the course of the study, the differentiation of the legal regulation of social security of mobilized citizens, citizens who voluntarily joined the Armed Forces of the Russian Federation, and their family members, provided in cash, was conducted. In view of the equal social risk in which both categories of military personnel have the right to receive a lump sum payment, without additional grounds taken into account by the regions. This approach seems fair.

Conclusions. The legislator’s reaction after the announcement of partial mobilization was necessary and timely, the underlying causes and rapid response to the emerging social risks should also be considered when selecting criteria. In view of the fulfillment of new tasks for the state, the criteria used in establishing the legal regulation of social security in the form of cash payments should be directly related to the likelihood of social risk for both categories of military personnel and their family members.

1. Antipyeva N. V. Social Risks as the Basis of Social Security for Military Personnel. Russian Yearbook of Labor Law [Rossiiskii ezhegodnik trudovogo prava]. 2009; (4): 627–638. (In Rus.)

2. Antipyeva N. V. Principles of Legal Regulation of Relations on State Social Security of Military Personnel. Bulletin of Omsk University [Vestnik Omskogo universiteta]. Series: Law. 2009; 19 (2): 89–97. (In Rus.)

3. Guseva T. S., Semyannikova D. A. Development of Russian Legislation on Social Security in Conditions of the Spread of Coronavirus Infection. Social and Pension Law [Sotsial’noe i pensionnoe pravo]. 2020; (4): 10–16. (In Rus.)

4. Mironova T. K. Social Security Law and Current Trends in the Legal Regulation of Relations in the Field of Social Protection: dissertation ... Doctor of Law : 12.00.05. Place of defense: Moscow State University named after M. V. Lomonosov. Moscow, 2007. 365 p. (In Rus.)

5. Istomina E. A. Limits of Compensation for Social Risks. Bulletin of Omsk University [Vestnik Omskogo universiteta]. Series: Law. 2018; 55 (2): 122–127. (In Rus.)

6. Problems of the General Part of Social Security Law. Ed. by Tuchkova E. G. Moscow : Prospect, 2017. 416 p. (In Rus.)