THE FOUNDATIONS OF SOCIAL RISKS MANAGEMENT: THE CONCEPT, SYSTEM, AND LEGAL INTERPRETATION

The article analyses the foundations of social risks management in their legal interpretation. This analysis is based on the approaches to the concept and the structure of a social risk as an object of management, which were previously submitted by the author. The specifics of social risks management may be proved by its foundations – fundamental requirements that the subjects of management should conform with to fulfill the goal of social risks prevention and protection. The foundations of social risks management form a system. The author classifies these foundations into three major groups: 1) the foundations that correlate to the goal of social risks management; 2) the foundations that reflect a range of social risks management subjects and their legal status; 3) the foundations that illustrate the process of social risks management and the methods applied. The author concludes that the foundations of social risks management correlate to the major legal principles. This correlation is demonstrated on the examples of correspondence between the foundations of social risks management and the fundamental principles of equality and justice, and the branch-wise foundations of social security law (in particular, the principle of social security generality). The foundations of social risks management may be directly consolidated by law, in particular by the legislation on mandatory social security. The consideration of these foundations is likely to increase the effectiveness of the social security legal regulation.