养老金作为养老金法律关系客体的结构-功能分析

I. Mamatkazin
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引用次数: 0

摘要

俄罗斯联邦的养恤金制度经历了三次根本性的改革。1992年,俄罗斯开始实施第一部关于养恤金的法律,这与欧盟的立法有很大不同。2002年,保险原则被引入到养老金制度中,这导致了对雇佣合同劳动者的整个养老金保险制度的变化,包括新的养老金保险类型。2015年,我国对现有的保险养老金制度进行了重大改革,其意义不亚于以往所有养老金立法的变化。每次养恤金改革都改变了计算养恤金的程序,在立法上确立了确定养恤金数额的新养恤金公式。与此同时,养老金的结构要素也发生了变化。同时,有可能在不同时期分配的养恤金的结构要素中找出类似的特点,但在职能一级。养恤金各组成部分的类似职能的总和使我们能够谈论俄罗斯联邦养恤金规定发展中的某些模式。因此,尽管养老金的性质从国家变为保险,但养老金的本质总体上保持不变。此外,国家养老金和保险养老金的要素本质和功能在很大程度上是相同的。养老金是一种结构复杂的社会保障支付方式。结构的存在,元素的存在以及它们之间的联系,表明了养老金的复杂功能。这一函数不能简化为补偿函数、援助函数或收入替代函数。养老金结构中有一个因素反映了过去的就业情况。在不同性质的养老金中,这以不同的方式发生:工资被考虑在内(在国家养老金中)或保险缴款(在强制性养老保险养老金中)。此外,养恤金应包括在存在主观性质的特殊情况下增加养恤金数额的因素:残疾受扶养人、需要经常得到外界照顾。在国家养恤金规定的养恤金中,这种因素是对养恤金的补充;在强制性养恤保险中,这一职能是通过固定付款来履行的。社会养老金和基金养老金都是单组分支付,这不仅引发了对这些养老金性质的质疑,也引发了对其本质的质疑。
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Structural-Functional Analysis of a Pension as an Object of Pension Legal Relations
The pension system of the Russian Federation has undergone three fundamental reforms. In 1992, the first law on pensions began to operate in Russia, which significantly differed from the Union legislation. In 2002, insurance principles were introduced into the pension system, which led to a change in the entire system of pension coverage for persons working under an employment contract, including new types of pension coverage. In 2015, there was a significant reform of the existing insurance pension system, which in its significance is no less significant than all the previous changes in the pension legislation. Each pension reform changed the procedure for calculating pensions, legislatively establishing a new pension formula for determining the amount of a pension. Along with this, the structural elements of pensions also changed. At the same time, it is possible to identify similar features in the structural elements of pensions assigned in different periods, but at the functional level. The totality of similar functions of pension elements allows us to talk about certain patterns in the development of the pension provision of the Russian Federation. So, despite the change in the nature of pensions from state to insurance, the essence of pensions, in general, remained the same. Moreover, the essence and functions of the elements of state and insurance pensions are largely the same. The pension is a social security payment with a complex structure. The presence of a structure, the presence of elements and connections between them, indicates a complex function performed by a pension. This function cannot be reduced to a compensatory function, a function of assistance or a function of substitution of earnings. There is an element in the pension structure that reflects past employment. In pensions of different nature, this happens in different ways: wages are taken into account (in state pensions) or insurance contributions (in compulsory pension insurance pensions). In addition, the pension should include an element that increases the amount of the pension in the presence of special circumstances of a subjective nature: disabled dependents, the need for constant outside care. In pensions for state pension provision, such an element is supplements to pensions; in compulsory pension insurance, this function is performed by a fixed payment. Social pensions and funded pension are one-component payments, which raises questions not only about the nature of these pensions, but also about their essence.
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