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PECULIARITIES OF THE RISE AND CONSIDERATION OF DISPUTES ON ISSUES OF MANDATORY SOCIAL INSURANCE

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PDF: Author(s): Stepanova M. N.,
Number of journal: 4(45) Date: November 2018
Annotation:

The article reveals such a concept as “disputes on compulsory social insurance”. The author identifies their species composition, proposes a classification. The main factors of the emergence of disputes in the sphere of social insurance are established and the grounds for the appearance of specific kinds of disputes connected with the application of the legislation on compulsory social insurance are revealed. The procedural features of dispute resolution are described, and a conclusion is made about the imperfection of the current legislation on social insurance, which determines the conditions and procedure for interaction of social insurance entities in the event of a disagreement between them, in case of need to protect their rights and legitimate interests. The insecurity of persons who are entitled to insurance coverage but not possessing other rights of the insured, including participation in a dispute or appeal against the actions of the policyholder or insurer is noted. In the construction of the system of consideration and resolution of disputes on compulsory social insurance, it is proposed to use the principle of unity and uniformity of rules, transparency and intelligibility of its mechanism, which is especially important in conditions of low level of legal culture of citizens. The conclusion suggests a strategy plan for the formation and development of an effective system for the consideration and settlement of disputes in the field of compulsory social insurance.

Keywords:

social insurance, social insurance subjects, disputes in social insurance, social security, protection of the rights of the insured, state extra‑budgetary fund, insured, insurant, claim, Social Insurance Fund.

For citation:

Stepanova M. N. Pculiarities of the rise and consideration of disputes on issues of mandatory social insurance // Business. Education. Law. 2018. No. 4 (45). Pp. 191–198. DOI: 10.25683/VOLBI.2018.45.439.