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Digitalization and protection of citizens' rights in compulsory social insurance

A.Yu. Gusev Federal Judge, PhD Candidate in Law, Associate Professor at the Department of Labour and Financial Law, Yaroslavl State University named after P.G. Demidov

The subject of this article is the issues concerning the protection of citizens' rights in compulsory social insurance in the context of digitalization. It is shown that to ensure effective and safe conditions for using digital technologies, it is necessary to include universal basic approaches in legal regulation. Specific examples are given of how the tasks of digitalization of social services in social security are currently being actively implemented by the Russian Social Insurance Fund.

Литература:

1. Kuzmin V. Po pravu i normam [According to Law and Norms] // Rossiyskaya Gazeta, 2019, May 16.

2. Kulikov V. Bot v pomoshch [Bot to Help] // Rossiyskaya Gazeta, 2019, June 4.

3. Official Website of the "Regnum" News Agency, URL: https://regnum.ru/news/2415954.html (Accessed: May 16, 2019).

4. Official Website eksystems.ru, URL: https://eksystems.ru/fss-skolkovo-tsifrovojsotsialnyj-yurist (Accessed: May 13, 2019).

5. Diplomaticheskii vestnik [Diplomatic Bulletin], 2000, No. 8, PP. 51–56.

As it is known, among the main tasks of the labour legislation of the Russian Federation, Article 1 of the Russian Labour Code indicates the task of regulating labour and other directly relative relations, which include compulsory social insurance. Article 2 of the Russian Labour Code specifies providing employees with the right to compulsory social insurance as the main principle of legal regulation of others directly related to labour relations, and Article 57 of the Russian Labour Code specifies the condition on the employee's compulsory social insurance among the mandatory ones for inclusion in a labour agreement.

Thus, the issues of compulsory social insurance of employees are regulated, among other things, by labour legislation.

The current stage of development of Russian labour legislation is associated with the widespread introduction of information and communication technologies in legal activities. This circumstance, in its turn, is associated with the creation of new mechanisms for protecting the rights of citizens.

At the same time, to ensure effective and safe conditions for using digital technologies, it is necessary to include universal basic approaches in legal regulation.

This issue is quite relevant both in labour law and social security, in which the receipt by citizens of information about the possibility of obtaining one or another type of social security should be an integral part of ensuring their social rights.

The realization of such rights should be guaranteed by their effective protection, including judicial protection, where digital technologies have long been widely used.

Statements of claim, administrative statements of claim, petitions, objections, requests for postponement of the execution of the decision, complaints, including violations of the applicant's right to social security, may be filed with the court in electronic form by sending them to the court. In 2019, the courts of general jurisdiction already received the millionth claim in electronic form [1].

Для Цитирования:
A.Yu. Gusev, Digitalization and protection of citizens' rights in compulsory social insurance. Вопросы трудового права. 2021;5.
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