The powers of the bodies of the Social Fund of Russia to control the validity of social security

The subject of the study is the norms of Russian legislation providing for the rights and obligations of the bodies of the Social Fund of Russia (SFR) to control the validity of social security. The variety of legal acts that regulate social security relations with the participation of SFR bodies makes it difficult to form a holistic view of the system of powers of these bodies to control the validity of social payments and services provided by the SFR.

The purpose of the study is to systematize knowledge about the powers of the SFR bodies to control the validity of social security, to assess the current legal regulation in this part for its integrity and sufficiency to ensure targeted spending of the SFR budget.

Methodology. Formal legal and comparative legal methods were used to achieve this goal. The research is based on the analysis of the norms of legislation on social security, which enshrine the rights of the SFR bodies to verify information and documents necessary for the appointment and payment of social security, and the practice of its application.

The main results. These rights, in fact, represent the powers of the SFR bodies. The author proposes a classification of the control powers of the SFR bodies in the field under consideration for various reasons. The shortcomings of the current legal regulation of the implementation of control powers by the SFR bodies have been identified.

Conclusions. In order to create a holistic legal framework for controlling the validity of social security provided by the SFR bodies, it is proposed to consolidate the powers of control in a generalized form in the Law on the Social Fund of Russia with the possibility of specifying them in other normative legal acts. At the same time, legal regulation should determine the actual basis for the use of the verification powers and the procedure for their implementation. As one of the directions of further research, the author identifies the question of the relationship between the control powers of the SFR bodies and the obligations of the recipient citizen to inform the SFR body about the circumstances entailing the termination of the right to social benefits or a change in its size.

1. Gutnikov O.V. Features of the legal status of the Pension Fund of the Russian Federation. Advokat, 2014, no. 11, pp. 17–27. (In Russ.).

2. Yerokhina T.V. Contemporary issues of legislative definition of the legal status of the Pension Fund of Russia. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2015, no. 3, pp. 17–23. (In Russ.).

3. Malysheva A.A. The Pension and Social Insurance Fund of the Russian Federation: Establishment Reasons and Specifics of the Financial and Legal Status. Nalogi = Taxes (Journal), 2023, no. 2, pp. 7–10. (In Russ.).

4. Mikhaylova A.S. "Disguised Taxation" or Otherwise: On the Establishment of the Pension and Social Insurance Fund of the Russian Federation and the Essence of Its Operations. Nalogi = Taxes (Journal), 2023, no. 1, pp. 36–41. (In Russ.).

5. Istomina Y.A. Interaction of social security law and information law in the process of social risk personification. Permskii yuridicheskii al'manakh = Perm legal almanac, 2021, no. 4, pp. 554–565. (In Russ.).

6. Bit-Shabo I.V. State social extra-budgetary funds of the Russian Federation in the system of state financial control within the framework of ensuring national security. Informatsionnaya bezopasnost' regionov = Information security of the regions, 2015, no. 2 (19), pp. 49–56. (In Russ.).

7. Yerokhina T.V. Powers of the pension fund of Russia: Legal aspect. Sotsial'noe i pensionnoe pravo = Social and Pension Law, 2015, no. 4, pp. 15–20. (In Russ).

8. Khvostuntsev A.M. Pension Fund of Russia: evolution of functions and problems of administrative and legal status. Vestnik Omskogo universiteta = Herald of Omsk University, 2007, no. 3, pp. 144–149. (In Russ.).

9. Kurchenko O.S. Countering abuses at the granting of additional measures of state support to families with children: the possibilities of the legislator and law enforcement practice experience. Pravoprimenenie = Law Enforcement Review, 2018, vol. 2, no. 1, pp. 69–84. DOI: 10.24147/2542-1514.2018.2(1).69-84. (In Russ.).

10. Komarova S.V. On some issues of the application of international agreements of the Russian Federation based on the principle of "territoriality". Pensiya, 2017, no. 2, pp. 46–51. (In Russ.).

11. Guseva V.V. About the organization of work to establish the period of care provided by an able -bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years. Pensiya, 2019, no. 10, pp. 50–54. (In Russ.).

12. Chirkov S.A. On law enforcement activities in the field of pension provision. 2017. Available at ConsultantPlus. (In Russ.).

13. Melekhin A.A. Theory of State and Law, Textbook, 2nd ed. 2009. Available at ConsultantPlus. (In Russ.).

14. Kurchenko O.S. The powers of the bodies of the Pension Fund of the Russian Federation to ensure the target use of maternal (family) capital, in: Omskie nauchnye chteniya, Proceedings of the All-Russian Scientific and Practical Conference (Omsk, December 11-16, 2017), Omsk, Dostoevsky Omsk State University Publ., 2017, pp. 959–961. (In Russ.).

15. Kurchenko O.S. Legal Means to Prevent Unjustified Payment of Pensions to Citizens Living Abroad. Vestnik Omskogo universiteta. Seriya “Pravo” = Herald of Omsk University. Series “Law”, 2020, vol. 17, no. 4, pp. 53–64. DOI: 10.24147/1990-5173.2020.17(4).53-64. (In Russ.).

16. Chirkov S.A. On the issue of presumptions in pension law and their role in the implementation of pension provision. Pensiya, 2017, no. 10, pp. 24–32. (In Russ.).

17. Guseva V.V., Kuzmenova G.N. On the use of information on employment in the establishment and payment of pensions and other payments. Pensiya, 2020, no. 11, pp. 42–47. (In Russ.).

18. Voronin Yu.V. (ed.). Commentary on the legislation on insurance contributions and pensions. Moscow, Norma Publ., INFRA-M Publ., 2012. 1088 p. (In Russ.).

19. Sedelnikova M.G., Puzyreva A.A. About Some Problems of Interdepartmental Interaction when Appointing Socio-Security Payments. Sibirskoe yuridicheskoe obozrenie = Siberian Law Review, 2017, vol. 16, no. 3, pp. 309–314. DOI: 10.19073/2658-7602-2019-16-3-309-314. (In Russ.).

20. Chirkov S.A. On the development of procedural and legal guarantees for the realization of the right to a pension. Pensiya, 2017, no. 3, pp. 34–47. (In Russ.).

21. Kurchenko O.S. Information systems and technologies as tools for controlling the validity of social security, in: Ivanchina Yu.V., Istomina E.A. (eds.). Za prava trudyashchikhsya! Prioritetnye napravleniya razvitiya zakonodatel'stva o trude i sotsial'nom obespechenii, Proceedings of the Seventh International Scientific and Practical Conference (Yekaterinburg, December 16–17, 2021), Yekaterinburg, Ural State Law University Publ., 2021, pp. 84–88. (In Russ.).

22. Chirkov S.A. On the issue of the main trends in the organization of the pension and social security process, Pensiya, 2022, no. 4, pp. 23–26. (In Russ.).