On Some Issues of the Emergence and Implementation of the Right to Insurance Benefits of Persons Who Independently Provide Themselves with Work
( Pp. 45-51)

More about authors
Galaeva Lyudmila Anatolyevna
National Research Ogarev Mordovia State University
Saransk, Russia
Abstract:
Abstract: The article is devoted to the peculiarities of the legal regulation of social security relations with the participation of persons who independently provide themselves with work, in particular, relations related to the appointment of insurance benefits as a type of social security provision in social security law. The goals and objectives of the stated research topic are resolved in the context of the author’s classification of self-employed persons, which is made with reference to the current Russian legislation.
The features of legal relations regarding compulsory social insurance in case of temporary disability and in connection with maternity with the participation of persons who independently provide themselves with work within the framework of the Law of December 29, 2006 No. 255-FZ are analyzed. Attention is focused on the problem of determining the moment of occurrence of the legal fact of insurance of self-employed persons. The judicial practice related to determining the right to insurance benefits in the first calendar year of entry of self-employed people into legal relations for this type of compulsory social insurance is analyzed.
As a result of the study, the author comes to the conclusion that it is necessary to improve legislation in order to create legal conditions for the extension of the mentioned law to other categories (groups) of self-employed persons, in particular to persons acting as payers of tax on professional income.
How to Cite:
Galaeva L.A. On Some Issues of the Emergence and Implementation of the Right to Insurance Benefits of Persons Who Independently Provide Themselves with Work // Gaps in Russian Legislation. 2023. Vol. 16. №7. Pp. 045-051. (in Russ.). EDN: SMODDP
Reference list:
Galaeva L.A., Sayfetdinova A.F. Legal issues of inclusion of persons who independently provide themselves with work in the system of compulsory social insurance // Economics. Sociology. Right. 2020. No. 1 (17). P.120-128.
Mironenko E.I. Problems of legal regulation of social security for the self-employed // Education and Law.2022. No. 11. P.54-57.
Pavlovskaya O.Yu. On the issue of legal regulation of self-employment // Law and Economics. 2018. No. 12. P.12-17.
Pokida A.N., Zybunovskaya N.V. Regulation of the activities of self-employed citizens // Issues of state and municipal management. 2020. No. 1. P. 60–85.
Pokida A.N., Zybunovskaya N.V. Self-employment in the Russian labor market. //Social and labor research. 2019. No. 3. P.18-29.
Pokida A.N., Zybunovskaya N.V. Dynamics of shadow employment of the Russian population // Economic Policy. 2021. Vol. 16. No. 2. pp. 60–87.
Sobol O.S. Tax on professional income in the system of special tax regimes: an experiment in legal support // Bulletin of the University named after O.E. Kutafina (MSAL). 2019. No. 7. P.104-111.
Temirova Z. D. Current state and prospects for the development of social efficiency of the functioning of the compulsory social insurance system in case of temporary disability and in connection with motherhood // Financial Research. 2016. No. 1. P. 153-156.
Chernova P.A., Shobey L.G. Legal status of the self-employed in the Russian Federation: problems and prospects // Education and Law. 2022. No. 4. P. 177-180.
Shuvaev E.A. Status of a citizen registered as self-employed and problems of taxation of income of self-employed persons // URL: http://https://cyberleninka.ru/article/n/status-grazhdanina-zaregistrirovannogo-v-kachestve-samozanyatogo-i-problemy-nalogooblozheniya-dohodov-samozanyatyh-lits/viewer.
SHuvaev E.A. Status grazhdanina, zaregistrirovannogo v kachestve samozanyatogo i problemy nalogooblozheniya dokhodov samozanyatykh lits // URL: http://https://cyberleninka.ru/article/n/status-grazhdanina-zaregistrirovannogo-v-kachestve-samozanyatogo-i-problemy-nalogooblozheniya-dohodov-samozanyatyh-lits/viewer.
Keywords:
compulsory social insurance, legal fact, self-employed person, insured event, policyholder, insured person, legal relationship, temporary disability, motherhood ..


Related Articles

PUBLIC LAW (STATE LAW) Pages: 23-29 DOI: 10.33693/2541-8025-2023-19-5-23-29 Issue №24704
On the Issue of Payments in Favor of Individuals within the Framework of Labor Relations as Objects of Taxation with Insurance Contributions for Compulsory Social Insurance: Current Issues of Legal Regulation and Enforcement
compulsory social insurance labor relations wages insurance premium insurance premium rate
Show more
7. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW Pages: 93-96 Issue №10025
CONCEPT LEGAL FACTS IN CIVIL PROCEEDINGS
civil procedural law civil proceedings legal fact the structure of the law elements of the legal fact
Show more
13. LAND LAW; NATURAL RESOURCE LAW; ENVIRONMENTAL LAW; AGRARIAN LAW 12.00.06 Pages: 280-284 Issue №19146
SOME THEORETICAL ISSUES OF ENVIRONMENTAL INSURANCE IN THE RUSSIAN FEDERATION
insurance risk environment environmental legal relationship
Show more
6. THEORY AND HISTORY OF STATE AND LAW, HISTORICAL STUDIES OF LAW AND STATE (12.00.01) Pages: 171-174 Issue №18933
Functional Interconnections of Factual Systems Elements
legal fact factual composition factual system functional connection factual premise
Show more
7. PRIVATE LAW (CIVIL) (5.1.3.) Pages: 198-203 DOI: 10.33693/2072-3164-2021-15-3-198-203 Issue №20974
Civil Protection of Secret of Private Life: Main Issues
private life secret of private life private interest intangible good legal relationship
Show more
9. THEORY AND HISTORY OF LAW AND STATE; HISTORY OF LAW AND STATE TEACHINGS 12.00.01 Pages: 224-227 Issue №19146
FORMATION OF FACTUAL SYSTEMS IN THE THEORY OF LAW (ON THE EXAMPLE OF CONTRACT LAW)
legal fact factual composition factual system factual premise
Show more
OTHER Pages: 122-126 Issue №2286
The legal fact as an image of circumstance Reality
legal fact legal knowledge competition to prove image
Show more
5. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Civil procedure arbitration procedure Pages: 119-122 Issue №9149
Notarial acts as the basis of occurrence of procedural relations
legal fact notarial acts writ proceedings simplified production protest of a bill
Show more
10. CRIMINAL LAW AND CRIMINOLOGY Pages: 135-138 Issue №10327
Grounds for the occurrence and conditions for the implementation of the criminal procedural powers of the legal representative
legal fact events relationship legitimate submitted
Show more
10. Human and civil rights and freedoms, guarantees of their provision Pages: 132-134 Issue №9089
NOTARY GUARANTEES AS A MEANS TO PROTECT THE PARTICIPANTS OF CIVIL PROCEEDINGS
legal fact notarial acts civil proceedings the trial phase provision of evidence
Show more