DATING IN TEMPORAL NORMS OF LEGISLATION ON SOCIAL PROTECTION

Year: 
2023

Article:

Issue: 
4

UDC: 
34
DOI: 
10.34076/22196838_2023_4_62
Author(s): 

Fedorova Marina

Professor, Ural State Law University named after V. F. Yakovlev (Yekaterinburg), doctor of legal sciences, ORCID: 0000-0002-3680-759X, e-mail: fmulawkc@mail.ru

Author(s): 
Fedorova Marina
Abstract: 

The article analyzes the constitutional foundations of social protection and based on the concept of social risk reveals its relationship with social security. The article describes the legislation on social protection and concludes that its core is the legislation on social security. The specifics of this legislation implies the need for scrupulous consideration of the time factor when establishing legal regulation in the field of social protection. This goal is achieved through temporal norms. The author distinguishes two types of temporal norms. One of them corresponds to their traditional understanding as rules of conduct that determine the procedure for the entry into force and termination of legal norms, as well as the choice of rules to be applied in the event of a conflict. The second type is formed by substantive norms that directly establish temporal rules of behavior of subjects of public relations: their rights, duties, responsibilities, deadlines, etc. Based on the legislation on social protection examples of temporal norms of both types are given. It is concluded that the element of their content is dating, i. e. determining the temporal parameters of social protection relations by setting calendar dates that are significant for the provision of social protection measures, as well as for the implementation of legal regulation. At the same time, dating can also be considered as a set of means and techniques of legal regulation of social protection based on the specifics of the chronological characteristics of different types of social risk and protection from them. The variety of methods and techniques of dating in the named legislation (direct and indirect, retrospective and prospective, single and interval) is demonstrated. Their use makes it possible to ensure the most complete consideration of the time factor when establishing social protection measures, the grounds, conditions and procedure for their provision, as well as when determining the rules of action for the time of the legal norms that these measures fix. 

Key words: 

dating, temporal norm, legislation on social protection, grounds and conditions of social protection, social risk

For citation: 

Fedorova M. (2023) Dating in temporal norms of legislation on social protection. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 4, pp. 62–70, DOI: http:// doi.org/10.34076/22196838_2023_4_62.

Text of the article: 

Publication date: 
Wednesday, 31.01.2024

English