Application of social security law rules by courts: problems of theory and practice

The subject of this study is social security legislation, the practice of its application and judicial practice. When a social risk arises, people require support and turn to the state for social payments, benefits and services. However, realizing these rights is often difficult. Social security legislation is very complex and subject to frequent changes. There is no Social Security Code. All this complicates the practical application of the legal provisions. Statistics show that citizens consider judicial protection of their rights to be the most effective. The purpose of the article is to identify problems in the social security legislation application through the study of the legislation itself, the practice of its application and judicial practice. The methodology of the study includes general scientific methods - analysis, system approach as well as special methods – comparative-legal, formal-legal.

The main results. Theoretical problems in the social security law application stem from the lack of a unified scientific approach to the scope, principles, and terminology of this area of law. Consequently, legislation develops chaotically. Practical problems stem from the fact that agencies providing pensions, benefits, social services must guarantee a uniform approach to each case, but they do not always do so. In cases of violations, courts correct deficiencies in the provision of social security through their decisions. However, the example of the provision of a social service – sanatorium treatment – shows that judicial practice is not always uniform itself. The final decision is made by the Constitutional Court of the Russian Federation, which identifies shortcomings in legislation and its application and corrects the legal mechanism for protecting against social risks. The article also examines changes to the procedure for determining liability and compensating for moral damages. Social security legislation does not directly provide for compensation for moral damages. However, if the denial of social benefits or a significant reduction in their amount is due to the fault of the authorized body, compensation for moral damages is now possible. The court when making a decision takes into account the nature of the violated right (the right to a dignified life, to an adequate standard of living), the individual characteristics of the plaintiffs (age, marital status), the degree of culpability of the body, and the period during which the violations occurred.

1. Latypov D.N. The System of Methods for Protecting Civil Rights in the Russian Federation, Doct. Diss. Thesis. Ulyanovsk, 2022. 38 p. (In Russ.).

2. Shikhova T.I. Participation of Social Security Authorities in Civil Proceedings, Cand. Diss. Moscow, 1984. 179 p. (In Russ.).

3. Serebryakova E.A. Legal Aspects of Considering Disputes on Social Security Issues, Cand. Diss. Moscow, 2002. 204 p. (In Russ.).

4. Korosteleva Yu.A. Features of Considering Certain Categories of Cases Related to Protecting the Rights of Citizens to Social Security, Cand Diss. Thesis. Yekaterinburg, 2004. 28 p. (In Russ.).

5. Gusev A.Yu. Judicial Protection of the Right of Russian Citizens to Social Security, Monograph Moscow, Prospekt Publ., 2020. 112 p. (In Russ.).

6. Tuchkova E.G. (ed.). Problems of the General Part of Social Security Law, Monograph. Moscow, Prospekt Publ., 2017. 416 p. (In Russ.).

7. Machulskaya E.E. Problems of Formation of Basic Concepts of Social Security Law. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2023, no. 3, pp. 12–18. (In Russ.).

8. Istomina E.A., Fedorova M.Yu. Legal Mechanism for Managing Social Risks, Monograph. Yekaterinburg, Ural Institute of Management of the RANEPA Publ., 2018. 240 p. (In Russ.).

9. Mamatkazin I.R. Problems of Characterizing Social Security Law as a Public Branch of Law. Vestnik Mos kovskogo universiteta. Seriya 11. Pravo = Bulletin of Moscow University. Series 11. Law, 2024, no. 2, pp. 155–176. (In Russ.).

10. Vasilyeva Yu.V. Objectives of Codifying Russian Legislation on Social Security. Gosudarstvo i pravo = State and Law, 2013, no. 11, pp. 17–24. (In Russ.).

11. Shaikhatdinov V.Sh. Problems of Modernizing Russian Legislation on Social Security in the Modern Period. Akademicheskii yuridicheskii zhurnal = Academic Law Journal, 2018, no. 1 (78), pp. 51–59. (In Russ.).

12. Buyanova A.V. Kurakin A.S. Social Code of the Russian Federation as a Necessary Measure to Protect Citi zens' Rights in Light of the New Pension Reform. Zakony Rossii: opyt, analiz, praktika, 2020, no. 1, pp. 88–90. (In Russ.).

13. Vasil’eva Yu.V. Codification of Russian Legislation on Social Security: Theoretical and Practical Problems, Doct. Diss. Moscow, 2010. 402 p. (In Russ.).

14. Azarova E.G. Judicial Protection of Pension Rights, Scientific and Practical Manual. Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation Publ., 2009. 408 p.(In Russ.).

15. Tkacheva N.N. Guarantees for the Protection of Rights and Interests in Litigation Proceedings, Doct. Diss. Thesis. Saratov, 2025. 35 p. (In Russ.).

16. Ulyanov A. Legal Approaches to Assessing the Effectiveness of the Judiciary. Pravo. Zhurnal Vysshei shkoly ekonomiki = Law. Journal of the Higher School of Economics, 2024, no. 4, pp. 235–253. DOI: 10.17323/2072-8166.2024.4.235.253. (In Russ.).

17. Zaytseva L.V., Anbrekht T.A. Social Focus of Russian Justice: The "Spirit" and "Letter" of the Law in Judicial Practice in Labor Disputes. Vestnik Tyumenskogo gosudarstvennogo universiteta. Sotsial'no-ekonomicheskie i pravovye issledovaniya = Bulletin of the Tyumen State University. Socio-Economic and Legal Research, 2025, vol. 11, no. 4 (44), pp. 112–124. DOI: 10.21684/2411-7897-2025-11-4-112-124. (In Russ.).

18. Anufrieva A.V. Legal regulation of spa treatment in the social security system of the Russian Federation, Cand. Diss. Yekaterinburg, 2016. 298 p. (In Russ.).

19. Maslov S.S. Concept and types of legal liability of subjects of legal relations on social security, Cand. Diss. Thesis. Moscow, 2007. 38 p. (In Russ.).

20. Tuchkova E.G., Vasil’eva Yu.V. (eds.). International and Russian pension provision standards: comparative analysis. Moscow, Prospekt Publ., 2013. 440 p. (In Russ.).

21. Kurchenko O.S. Abuse of social security rights: statement of the problem. Rossiiskii yuridicheskii zhurnal = Russian Law Journal, 2016, no. 6 (111), pp. 155–166. (In Russ.).

22. Sedelnikova M.G., Puzyrova A.A. Judicial protection of pension rights: problems of theory and practice. Pravoprimenenie = Law Enforcement Review, 2018, vol. 2, no. 1, pp. 164–179. DOI: 10.24147/2542-1514.2018.2(1).164-179.

23. Filippova M.V. The Role of Judicial Practice in Regulating Social Security Relations. Peterburgskii yurist = St. Petersburg Lawyer, 2016, no. 3, pp. 43–51. (In Russ.).

24. Vasilyeva A.S. On the Implementation of a Socially Oriented Model of Justice in Civil Proceedings. Adminis trator suda = Court Administrator, 2025, no. 4, pp. 2–5. DOI: 10.18572/2072-3636-2025-4-2-5. (In Russ.).

25. Krymsky D.I. Human-Centrism in Civil Procedural Law: Returning to the Roots in the Face of Modern Chal lenges. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya: Pravo = Bulletin of the Voronezh State Uni versity. Series: Law, 2022, no. 4 (51), pp. 176–189. DOI: 10.17308/law/1995-5502/2022/4/176-189. (In Russ.).