scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

Author(s):  
Laureta Mano ◽  
Mirela Selita

The social security system in Albania consists of social assistance and social services, health services and health care insurance and social insurance schemes. In the social objectives of the constitution are declared that the State within the constitutional competencies and the probable means as well as in the fulfillment of private initiatives and responsibilities, aims to higher possible standards of health, physical and mental; social care and services of elderly, orphan and invalids; medical rehabilitation, special education and integration in the community, of disabled persons. The Constitution foreseen that everyone has the right of social insurance when retired or in case of incapacity of work under a certain system established by a law. Everyone, when is unemployed for any reasons independent on individual will and when there is no living means, has the right of need under the conditions foreseen by law. Social insurance is a scheme protecting by benefits persons in respect of temporary incapacity due to sickness, maternity, old-age, disability and loss of breadwinner, employment accidents/occupational diseases, unemployment. Social Services are benefits in kind for disabled persons or vulnerable persons. Social Assistances are cash benefits given to families in need, that means families with lower incomes comparable with minimum standard of living or families without incomes. Health services consist of public health, primary health care, hospitalization services nurse's service, dental and pharmaceutical net. The Institutions of Social Protection in Albania are Social Insurance Institute, National Social Services and Health Care Insurance Fund.


Author(s):  
Daria Popova

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.


Author(s):  
Michael Hill ◽  
Alan Walker

This chapter examines the sustained attack on the social benefits, increasing in intensity across the period of Thatcher’s premiership. These undermined social insurance and (in interaction with other policies) contributed to the increase of poverty. They were supported by a sustained cluster of arguments—that poverty is not a problem, that people must do more to help themselves, and that in the long run a successful economy will bring income gains for all—which have created an ideological legacy (sustained by her successors, and not only her Conservative ones), which has muted the role concerns about poverty and inequality play on the political agenda.


Author(s):  
I. Smyrnova ◽  
◽  
О. Lykhoshva ◽  
N. Rak ◽  
L. Horiieva ◽  
...  

The article analyzes the functioning conditions of the current system of social protection of the population of Ukraine. The theoretical foundations regarding the forms and sources of financing and financial support of the social protection system are considered. The features of financing social transfers through the main forms of social protection – social security, social insurance, and social assistance – are investigated. Weaknesses and ways to improve the domestic social protection system are identified. Approaches to solving financing problems in the field of social protection of the population are proposed.


Author(s):  
Olga Miller ◽  
Elena Morozova

he development of social insurance is a highly researched issue. However, its place and role in the system of social protection remains understudied, as well as its current transformations under the changing socio-economic conditions. The research objective was to analyze the development of social insurance as an instrument of social security in Russia and in the Siberian Federal District. The study featured the theoretical and practical aspects of the application of social insurance in the changing system of social security. The research was based on a systematic approach to social security and social insurance as one of its most important mechanisms. The article introduces a review of domestic and foreign researches. It also focuses on an analysis of related regulations and statistic data. The methods and materials made it possible to conduct a thorough analysis of the development of the compulsory social insurance in Russia as a governmental instrument. The authors also described the legal framework in the field of social insurance. The government supports the Social Security Funds. In the Siberian Federal District, the budget of the Social Security Funds increased due to the growing number of insurance premiums, e.g. taxes and penalties, as well as due to the state participation. The research revealed some changes processes in the sphere of social security in the Russian Federation. The changes proved to affect social insurance and the whole insurance industry.


Author(s):  
I. Smirnova ◽  
◽  
О. Lykhoshva ◽  
N. Rak ◽  
L. Horiieva ◽  
...  

The article analyzes the functioning conditions of the current system of social protection of the population of Ukraine. The theoretical foundations regarding the forms and sources of financing and financial support of the social protection system are considered. The features of financing social transfers through the main forms of social protection – social security, social insurance, and social assistance – are investigated. Weaknesses and ways to improve the domestic social protection system are identified. Approaches to solving financing problems in the field of social protection of the population are proposed.


Author(s):  
Yuliia Nakonechna ◽  
Anastasia Rybalka

Relevance of the research topic. The development and improvement of the financial system of Ukraine is hindered by the low social responsibility of the state, society, and business. The modern transformation of principles and approaches to the determination of socially important social standards and the sources of their financing requires a deep theoretical understanding of the problems of social security of the population, therefore, the study of the issue of financing social guarantees by the state is timely and relevant. Formulation of the problem. Social guarantees are those essential elements in the functioning of the state, determine the stability of society and its security, and affect the implementation of the social and economic policies of the government. It is this element that should ensure the guarantee of a decent standard and quality of life for every citizen, and, consequently, a high level of well-being of the population as a whole. Analysis of recent research and publications. The role and essence of social guarantees in the fulfillment of the social function of the state has been thoroughly investigated in many scientific works of modern economists. A separate issue of financial support of social guarantees is the work of О. D. Vasilik,S. H. Batazhok, V. M. Grineva, V. P. Gorina, D. I. Sukhovиy, N. D. Hlazko, L. V. Lysyak, V. M. Oparin, V. B. Tropinа, V. M. Fedosov and others. Highlighting unexplored parts of a common problem. The question of ways to overcome the contradiction between the real needs of citizens receiving social support of the state and those financial opportunities (resources) of the state with which it can provide these needs of the population remains insufficiently studied. Setting goals, research objectives. The purpose of the article is to identify contemporary problems of financing state social guarantees in Ukraine. The goal determines the need to solve the following tasks: to analyze the nature, types of social guarantees, evaluate budget indicators of social security of citizens, identify obstacles and necessary steps towards the implementation of a full-fledged mechanism of financial guarantees of social protection of the population. Method or methodology of the study. When writing the article, a set of scientific research methods was used: general scientific and special methods, in particular, system-structural analysis and synthesis, the method of statistical analysis, comparison, generalization, as well as graphical and tabular methods to clearly illustrate the phenomena studied and the like. Statement of the main material (results of work). The article reveals the essence of state social guarantees as a system of financial support of an adequate standard of living of an individual. Priority tasks for ensuring the functioning in Ukraine of an effective financial mechanism for providing social guarantees to the population are highlighted. The article states that most of the financing of social guarantees is based on the expenses of the state budget and local budgets. The basic standard on the basis of which the calculation of the volume of social guarantees and benefits aimed at social protection and social security is carried out is the cost of living. An important source of financial support for social guarantees are social non-budget funds, which include the Pension Fund of Ukraine, the Social Insurance Fund and the Compulsory State Social Insurance Fund for Unemployment. The financial resources accumulated in them are directed to the material support of a significant part of the citizens of the state who are participants in the system of national pension and social insurance and are designed to overcome the consequences of social insurance events. Scope of the results. The theoretical provisions, conclusions and suggestions presented in the article, developed on the basis of the analysis of indicators of state financial support of social guarantees, develop the theory and practice of the policy of financing social guarantees in the country, allow us to identify ways and directions for improving it to achieve social protection and increase the welfare of the population. Conclusions and results can be used in planning social expenditures of the government, in socio-economic research of scientific analytical centers, in the educational process of economic faculties of higher educational institutions. Conclusions are consistent with the article. State social guarantees play an important role in the functioning of the state, because through the system of social guarantees the state affects the redistribution of GDP, under their influence indicators of financing various social programs are formed, which determines the directions and priorities of state policy. Based on the results of the study, it was concluded that it is necessary to draw up and publish a “social” budget - a product of public dialogue between state and non-state financial institutions, employers, independent authoritative economists, and public organizations, which will contribute to the development of civil society in a socially oriented country.


SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 131-138
Author(s):  
Mirela Selita

Abstract Magna Carat is a highly significant document that found the way into the rights and the constitutions. Magna Carat is a symbol of human and constitutional rights. Social insurance is part of the social security and the recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris and furthermore the European Conventions on Human Rights, specially the article 6. Magna Carat demonstrated the limitations from the arbitrarily. Magna Carat is a foundation of the powers of Parliament and the legal principles, as the rule of law, the rule that everybody has equality before the law. It promised the access to justice. In that respect Magna Carta is still a challenge for many states and officials. The myth of Magna Carta is the protection of the personal rights and is held in great respect by the legal communities against the arbitrary of the authority In respect of the aim of this international conference to see the way how these principles have found their implementation in contemporary legislations as well as to identify the problems that occur regarding these rights, an overview of the Albanian right to appeal for the social insurance rights. The right to appeal to higher authorities against any decisions and the judicial review against the unfavorably resolved appeals.


Author(s):  
Jaroslav Kováč

Abstract This chapter discusses the accces to social benefits and social rights for nationals and foreigners in the Slovak Republic. The transformation of the social welfare system in the new republic has been a lengthy process. The current social security system is based on fairness, personal participation and solidarity. The Slovak social security system is not based on nationality and its main part builds on the social insurance system including the health insurance. The direct financial support especially for families with children and the assistance scheme for those in need also represent important parts of the welfare system in Slovakia.


Author(s):  
Feliciana Rajevska

INTRODUCTION Public social protection spending in Latvia amounted to 15.2% of GDP in 2016. Financing social protection in terms of PPS per inhabitant was  only 35% of the average amount in the EU-28 in 2016. The explanation for such a permanently low level of social protection funding is not only a modest level of economic development, but traditionally a low priority of social spending in Latvian politics. The analysis of changes in the financing level of social protection, the changes in the main sources of social protection, the impact of past reforms is in focus. The wide variety in financing structures of social protection systems across Europe and the different levels of financing provides an opportunity to better  understand the specifics in  Latvia and its mixture of sources of financing social protection system. METHODS The author uses data from ESSPROS, the State Social Insurance Agency, the Ministry of Welfare for 2005-2017 for Latvia and the EU28 and is doing analysis of secondary statistical data, public policy documents, analysis of legislative acts and Cabinet Regulations from 2005-2018. RESULTS AND DISCUSSIONS The social insurance schemes are based on the pay-as-you-go principle and the distribution is achieved between the present contributors and the present recipients, at the same time the benefit amount is closely linked to the contributions paid by a certain individual. Such a system creates proper work incentives, albeit requires  significant resources for its administration. The State Social Insurance Agency showed an excellent performance in dealing with this  task. Latvia’s experience with the micro-enterprise tax regime demonstrated the pitfalls of an over-simplified approach to taxation, when the measure, aimed at combating unemployment, became a tax evasion trick at the cost of the workers’ social security. The strong side of the existing model of financing social protection is its ability to maintain a positive balance even in the background of a very turbulent environment. The sustainability of the social insurance budget has always been and remains a top priority for policy-makers. Social contributions play the leading role in the existing mix of financing social protection. The share of old-age function benefits is higher than the EU28 average. The expenditures on some functions grew faster: spending on disability benefits increased by 99%, on unemployment by 75%, on old-age and family benefits by 64%. The last decade demonstrated a trend to an increasing role of the general government contributions. The social contribution rates are already quite high (35.09% in 2018) and can hardly be increased, otherwise labour costs might become uncompetitive. Therefore, a further increase of general government contributions seems unavoidable. CONCLUSIONS Trends in reforms and policy changes were diverse and even contradictory: cost saving, support of specific target groups, reallocating funds in financial flows, an increase of the pension age. A number of policy adjustments were based on the lessons learned during the crisis. Means-tested benefits are thinly represented in the Latvian social security system, and the thresholds used for their calculation are inadequately low. The Latvian healthcare system is chronically underfinanced. It also has a high ratio of out-of-pocket co-financing by patients. Austerity measures had a strong influence on social protection expenditures from 2009–2014. Among the weaknesses of the social insurance schemes, one should mention the inadequately low minimum levels of benefits, especially as concerns old-age pensions. Low wage earners might have a disincentive to diligently pay the contributions, seeing that even the average old-age pension is lower than the at-risk-of-poverty threshold.


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