Social and legal support of employees. Social protection of an employee of the internal affairs bodies is a document. Department of organization of social work

Social protection law enforcement officers are characterized by the degree of implementation social rights and guarantees, the real level of satisfaction of their material needs, interests, compliance with the goals and objectives that the law enforcement service is designed to solve, the role played by its employees in society, as well as the restrictions and risks associated with law enforcement. It is especially important to note that the social protection of employees is gaining special meaning provided that they are prohibited from engaging in entrepreneurial and other paid income-generating activities, with the exception of pedagogical, scientific and other creative activities.

Currently, regulatory legal acts Russian Federation a system of measures of social support for employees has been established law enforcement which includes cash payments, including payments of a social and compensatory nature and benefits, as well as the provision of housing, pension, medical and sanatorium provision. Access mode: http://www.mvd.ru/

Thus, the analysis of the legislation governing the issues social security employees of the law enforcement service, allows us to say that at present the so-called "social package" of employees includes a fairly large set of services, compensations and payments of a social nature. it medical service and spa treatment, life and health insurance, the possibility of obtaining an education, compensation payments, payments in compensation for damages and one-time benefits if it is impossible to continue serving, benefits upon dismissal from the internal affairs bodies, providing housing for those in need of better housing conditions, pensions ... In addition, a complex is provided social guarantees and benefits:

Families of law enforcement officers;

Families of deceased law enforcement officers;

Law enforcement officers - disabled people and war veterans;

Law enforcement officers who participate (have participated) in counter-terrorism operations and ensure law and order and public safety on the territory of the North Caucasian region of the Russian Federation. the federal law dated July 19, 2011 No. 247 "On social guarantees to employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" // " Russian newspaper", N 157, 21.07.2011

In other words, efforts are being made at the state level to create effective system social protection of employees of the law enforcement system. Funds are allocated from the budget to solve the social problems of employees.

Currently, the Ministry of Internal Affairs of the Russian Federation has determined the circle problematic issues, which, together with the Ministry of Finance of Russia and the Ministry of Economic Development of Russia, will be additionally worked out and considered when forming budget designs. This primarily concerns the allocation of budgetary allocations for the construction of housing for employees of the internal affairs bodies. Rimashevskaya N.M. Strategies for social protection of the population of Russia // Population - 2011.-№ 1-С.23

Nevertheless, today the problem of providing law enforcement officers with housing is quite acute. Moreover, at the legislative level, issues related to the provision of housing to employees have not been fully worked out.

According to the Federal Law "On the Police", employees of the internal affairs bodies, recognized as needing better housing conditions, have the right to receive priority living space Art. 44 Federal Law of 07.02.2011 No. 3-FZ (as amended on 25.06.2012) "On the Police" // Collected Legislation of the Russian Federation. - 2011. - No. 7. - Art. 900; 2012. - No. 26. - Art. 3441 .. At the same time, there are no obligations to work in the police after receiving housing at the legislative level. In other words, some employees, having received free housing, can leave or move to another position without losing a room or apartment.

Also relevant is the problem of retirement benefits for law enforcement officers who retired on various grounds: length of service, disability, achievement age limit service, or resigned from law enforcement agencies without the right to retire.

Currently, the Ministry of Internal Affairs of Russia, together with the Ministry of Defense of Russia and other power federal bodies executive power continues to work, fulfilling the instructions of V.V. Putin of February 29, 2014. in the part concerning the development of the concept of a draft law on reforming the structure of pay for military personnel and law enforcement officials, associated with a significant increase in its size by combining and consolidating existing additional payments with their subsequent inclusion in the main pay. Reforming the structure of monetary allowances in accordance with the adopted concept will also entail an increase in "military pensions". In addition, many law enforcement officers, leaving the service for various reasons, including as a result of organizational and staff activities, as well as for on their own, then continue to work for a long time in other sectors of the economy.

A different situation develops for former law enforcement officers who quit law enforcement agencies of their own free will before reaching retirement age and other reasons without the right to assign a seniority or disability pension. In accordance with the Federal Law of the Russian Federation "On Compulsory Pension Insurance in the Russian Federation" Federal Law of the Russian Federation dated 15.12.2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation" // "Collection of Legislation of the Russian Federation", 17.12. 2001, No. 51, art. 4832, the base for calculating insurance premiums (insurance and funded parts of labor pensions) does not include the amount of monetary allowance and clothing security and other payments received by privates and commanding officers of the law enforcement agencies of the Russian Federation. In other words, during the period of service, law enforcement officers, in contrast to workers in other sectors of the economy ( budgetary organizations and commercial companies), no contributions are made to the off-budget funds of the Russian Federation, i.e. deductions to the Pension Fund of the Russian Federation for the appointment of a pension for the period of law enforcement service in accordance with civil pension legislation will not be made from these employees. At the same time, the size of the assigned old-age retirement pension includes the base, funded and insurance parts. The size of the basic part of the labor pension is a statutory fixed amount. These amounts are recorded on the individual personal account of the employee. Due to the fact that during the period of their law enforcement service, no deductions are made to the Pension Fund of the Russian Federation from the monetary allowance of this category of employees, the amounts of pension savings (insurance and funded parts) of these law enforcement officers by the time of retirement will be lower by an amount equal to insurance contributions to the Pension Fund of the Russian Federation. Thus, upon reaching the retirement age, this category of citizens will not receive a pension from the law enforcement agencies, and the general civil pension will be assigned in smaller amounts.

The next aspect is also important. Often, the amount of compensation payments does not correspond to the dynamics and the real level of prices for goods and services in the country, and, as a result, does not correspond to the amount actually incurred by law enforcement officials. So, for example, the dimensions monetary compensation for renting residential premises to law enforcement officers who do not have housing for permanent residence, do not correspond to the real amount of the cost of renting housing. Moreover, the amount of this compensation, initially set at a rather low level, has not changed for four years. Access mode: http://www.mvd.ru/anounce/5284/ Briefing on the topic “Main aspects regulation wages, pensions and social guarantees in the system of the Ministry of Internal Affairs of Russia. "(date of treatment 08/10/14)

In July 2011, the President of the Russian Federation signed the Federal Law "On Social Guarantees to Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation." The law was developed in development of the provisions of the Federal Law "On the Police" (2011) and is aimed at regulating relations related to:

contentment and pension provision for employees of internal affairs bodies;

provision of living quarters, medical care for employees, citizens dismissed from service in the internal affairs bodies, and their family members;

providing these citizens with other social guarantees. Federal Law of 07.02.2011 No. 3-FZ (as amended on 25.06.2012) "On the Police" // Collected Legislation of the Russian Federation. - 2011. - No. 7. - Art. 900; 2012. - No. 26. - Art. 3441.

Since 2012, employees have received a salary, the main part of which has become a salary (official salary and a salary for a special rank) - about half of the salary. At the same time, the number of previously established additional payments has decreased to 8-10 types. Statutory pay for employees and additional payments calculated in accordance with the decision of the President of the Russian Federation on the establishment from 2012 of the police lieutenant's pay of at least 33 thousand rubles. per month, and taking into account additional payments - 45 thousand rubles. per month. The sizes of salaries for standard positions and salaries for special ranks of employees are established by the Government of the Russian Federation on the proposal of the Ministry of Internal Affairs of Russia. Access mode: http://www.mvd.ru/ Official website of the Ministry of Internal Affairs (date of treatment 08/10/2014)

Employees are also paid bonuses for the performance of duties in good faith and incentive payments for special achievements in the service.

According to the law, the employees are offered the following additional payments: monthly salary increment for seniority - depending on the length of service, from 10 to 40% of the salary; monthly increment to the official salary for a qualifying rank from 5 to 30% of the official salary; the monthly bonus to the official salary for special conditions of service is established in the amount of up to 100% of the official salary; monthly bonus to the official salary for work with information constituting state secret, depending on the degree of secrecy, up to 65% of the official salary; bonuses for conscientious performance of official duties at the rate of 3 salaries per year; incentive payments for special achievements in the service and a bonus for completing tasks related to increased danger for life and health in peacetime up to 100% of the official salary; district coefficients for service in high-mountainous regions, in desert and waterless areas, as well as in other territories with unfavorable climatic or ecological conditions and in regions Far north.

In addition, the law stipulates that other additional payments and allowances may be established by regulatory legal acts.

Solving the housing issue is one of the main provisions of the law. Art. 46 Federal Law of 07.02.2011 No. 3-FZ (as amended on 25.06.2012) "On the Police" // Collected Legislation of the Russian Federation. - 2011. - No. 7. - Art. 900; 2012. - No. 26. - Art. 3441. There are several options for providing employees with housing: provision of a one-time social payment for the direct purchase of housing or its construction; construction at the expense of budgetary appropriations, as a result of which housing can be offered to employees both in ownership and under a contract social recruitment; the allocation of housing from the reserves of specialized housing stock or the provision of monetary compensation for the lease (sub-lease) of residential areas.

From January 1, 2012, subsidies are introduced for the purchase of housing for employees who have served in the internal affairs bodies for 10 years or more. The law prescribes the procedure and conditions for the allocation of housing, and also establishes the powers of the Ministry of Internal Affairs on this issue.

It is very important that the norms for the acquisition of housing by precinct police officers on the entrusted to them administrative section... At the same time, a flexible scheme is provided for providing them with official housing or renting the corresponding premises, both by the territorial body of the Ministry of Internal Affairs of Russia and by the body local government, from which within five years it is planned to buy out the dwelling allocated for the precinct. Ryabinin V. Order to the district police officer. // Russian newspaper. -2008. - March 28.-P.13

The salaries of pensioners of the internal affairs bodies are calculated based on 54% of the salary for the position, special rank and seniority allowance, including payments in connection with the indexation of monetary allowances. And, starting from January 1, 2013, the pension increases annually by 2 percent until it reaches one hundred percent. In the interests of all categories of pensioners, the standards for recalculating pensions will be the same both for those dismissed from January 1, 2012, and for those who retired in the previous period. The average increase in pensions, based on the parameters of pay, is planned to be increased by 1.5 - 1.6 times.

Proposed additional measures social protection to family members of employees who were injured, killed or missing in the line of duty. This is the provision of housing, monetary compensation for travel expenses to the place of treatment and back once a year, to the place of burial, including outside Russia, monthly benefits for the maintenance of children, payment of expenses for utilities, as well as other guarantees and compensation payments. Federal Law of July 19, 2011 No. No. 247 "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" // "Rossiyskaya Gazeta", No. 157, 21.07.2011

Children of the deceased employees will be enrolled out of competition in the Suvorov schools and cadet corps, have the preferential right to enroll in state educational institutions of secondary vocational education, state and municipal educational institutions of higher professional education.

Fixation and sizing is fundamentally new. lump sum payments and sums insured as compensation for harm to the health of employees of the internal affairs bodies. Upon the occurrence of insured events, these are approximately the following amounts: in case of severe injury - 5 (new) salaries, minor injury - 2 salaries; in case of death (death) - 10 (new) salaries to each family member of the deceased employee; in case of a disability determination: for a disabled person of the 1st group - 1.5 million rubles; disabled person of group II - 1 million; a disabled person of the III group - 500 thousand rubles.

In the event of the death of an employee in the line of duty, the lump-sum allowance is increased to 3 million rubles. In the event that an employee receives injury or other damage to health while performing official duties - up to 2 million rubles.

At the same time, one-time benefits are indexed annually based on the inflation rate.

In order to ensure the implementation of the norms of the law on social guarantees, a large-scale work was carried out to prepare draft by-laws. At present, 16 decrees of the RF government have been developed.

The main form of material support in the internal affairs bodies is the salary of employees, which can also be considered as a condition of service. The stimulating positive role of pay is determined by the fact that it makes the employee's material remuneration dependent on the quality and quantity of labor (performance results), length of service, intensity of official activity, psychological stress, risk to life and health, etc. Another form of material incentives is the issuance of cash bonuses and rewarding with a valuable gift.

The negative (negative) forms of material support include: 1. Partial or complete deprivation of the premium. 2. Decrease in rank or class due to a decrease professional level... 3. Compensation for moral or material damage caused to other persons or organizations. For damage caused to the federal executive body in the field of internal affairs, territorial body, a police unit or an organization that is part of the system of the specified federal body, the police officer is financially liable. Federal Law of 07.02.2011 No. 3-FZ (as amended on 25.06.2012) "On the Police" // Collected Legislation of the Russian Federation. - 2011. - No. 7. - Art. 900; 2012. - No. 26. - Art. 3441.

In some MIA, ATC, UVDT, along with traditional forms of material support, relatively new ones are used. Conditions and Regulations on the competition have been developed, the results are summed up based on the results of work for half a year and a year and are approved by the attestation commission of the Department of Internal Affairs. The winners of the competition at the meetings of the Board of the Internal Affairs Directorate are awarded challenge pennants and cash prizes, their names are entered in the Book and on the Board of Honor. Note that such forms of incentives are not exclusively material, but they could be called moral and material. Tsarenko Y. Labor incentive programs // Kadrovik.- 2012. - No. 5.-P.14

The value of material support police officers huge. It directly affects the efficiency of the operational and service activities of the entire system of the Ministry of Internal Affairs of Russia. It is safe to say that the lack of a reliable, stable and high level of material incentives for police officers is one of the reasons that leads, on the one hand, to a shortage of personnel, and, on the other, to the fact that a significant proportion of employees violate the law, finding additional , often illegal, ways to earn money. Of course, it should be noted that in the internal affairs bodies there is always, and in the pre-revolutionary, and in the Soviet, and in post-soviet period people worked who, despite the low level of material security, were full of courage, courage, honor, unlimited dedication to their work.

Almost until 2012, many police officers attributed the lack of efficiency in ensuring their activities with a low level of pay. Indeed, the size of financial support that existed before 2012 for the overwhelming number of police officers did not allow them to meet their minimum needs.

The imperfection of the applied system of assessing the activities of the internal affairs bodies and their structural units most directly affects the behavior of employees who feel that high assessment and the benefits associated with it can be achieved not by perseverance and skilled work, but by other means. In this regard, tangible damage to the entire system of the Ministry of Internal Affairs of Russia, and above all to the services and units called upon to directly solve the tasks of preventing and solving crimes, was caused by the long-term practice of hiding crimes from registration, evading registration of applications and messages from citizens about encroachments on their lives and health. , property. Access mode: http://www.izvestia.ru/russia/article3114002/ Martemyanov M. Our militia is getting richer // Izvestia. - 2013 .-- May 19. (Date of treatment 08/10/2014)

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Introduction

Chapter 1. Theoretical basis The constitutional right of police officers to social protection

Chapter 3. Some problems practical implementation the rights of police officers to social security and social protection

3.1 Problems of social protection of police officers in the context of reforming the ways of their solution

3.2 Improving the implementation of the rights of police officers to social protection

Chapter 4. Fundamentals of life safety and labor protection

Conclusion

Bibliography

Applications

Introduction

The constitutional practice of recent decades has undergone significant changes in the humanitarian sphere: Russia proclaimed human rights, freedoms and obligations on November 22, 1991 in the Declaration of Human and Civil Rights and Freedoms, and in 1993 these rights, freedoms and obligations were enshrined in the Constitution of the Russian Federation, which introduced into the Russian legal system and international legal standards.

Constitutionally - legal support socially - economic rights police officers in the Russian Federation proceeds from constitutional rights, freedoms and duties and assumes precisely constitutional basis... The Constitution of the Russian Federation is the fundamental source of rights, freedoms and obligations, including for police officers.

Taking in recent times the most important normative acts testifies to the improvement of legislation in the field of social security of police officers.

In 2011, during the preparation and during the ongoing reform of the internal affairs bodies, a number of federal laws and other normative legal acts were adopted, which changed socially - the legal status of a police officer.

V In the system of social protection of the population, social protection of law enforcement agencies that ensure security and law and order in the country occupies a special place.

Employees the police are a special social group that performs specific tasks of protecting and protecting the interests of society and the state. This explains the presence of some restrictions in their legal status. That is, unlike other citizens who are not in the public service, police officers are largely deprived of the opportunity by their own legal actions to improve their standard of living, to solve housing and other social - everyday problems. This situation is due to the restrictions and prohibitions associated with the passage of public service in the police, the tension and intensity of their work. Therefore, the creation by the state of favorable and safe environment for the performance of police officers is one of the prerequisites for the effectiveness of the activities of the internal affairs bodies in general.

The main directions for the implementation of measures for the social protection of police officers in the Russian Federation are medical, pension and housing, life and health insurance, compensation certain types expenses of the employees themselves and their families.

Creation of an effective "social package" for police officers - one of the main tasks of state policy in this direction.

There are several directions in the field of social protection of police officers: policy in the field of wages, social insurance, including medical insurance, pension insurance, housing policy, and systems of compensation and social benefits.

The relevance of the topic of the thesis is due to the presence of organizational - legal issues related to the problems of implementation of the constitutional right of police officers to social protection.

It is necessary to solve such important tasks in the law enforcement sphere as combating crime, increasing the efficiency of the functioning of the system of internal affairs bodies, creating a new image of the police image and increasing the prestige of the police service. The solution of these tasks is of a complex nature and one of the most important and significant areas is the solution of the problems of social protection of police officers.

The purpose of the diploma study: to study the features and problems of the implementation of the constitutional rights of police officers to social protection, as well as to develop proposals for improving the current legislation.

Disclosure of the goal is due to the solution of the following tasks:

define the concept and types of state social protection of police officers;

consider the features of social protection of police officers;

explore levels legal regulation social protection of police officers;

analyze modern legislation and the main directions of social protection of police officers;

to identify some problems of the implementation of the rights of police officers to social security and social protection;

substantiate the need to improve the regulatory and legal framework in the field of social protection of police officers.

The research object of the thesis is legal norms in the field of social protection of police officers.

The subject of the research is the legal norms governing relations arising in connection with the implementation of the constitutional right of police officers to social protection.

The methodological base is determined by the set goals and objectives. In the course of the diploma research, such general and particular methods were used as: logical, method of collecting primary information, dialectical (analysis, synthesis, generalization, classification), historical, comparative legal and systemic structural.

The sources of the thesis are: the Constitution of the Russian Federation, Federal Law of February 7, 2011 No. 3 "On the Police"; Federal Law of 19.07.2011 No. 247 - FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" and other regulatory legal acts.

Chapter 1. Theoretical foundations of the constitutional right of police officers to social protection

1.1 The concept and types of state social protection of police officers

As follows from the Constitution, the Russian Federation is welfare state, whose policy is aimed at creating conditions that ensure a dignified life and free human development. These constitutional provisions are directly related to the problems of social protection of employees of internal affairs bodies at the present stage of development of the social state of the Russian Federation.

Social protection can be considered in several aspects. In a broad sense, social protection is a collection of various legal means ensuring a dignified life and free human development.

As noted by E.V. Abyzov: “Social protection is complex system measures applied to ensure the free and proper exercise of subjective rights, including judicial protection, legislative, economic, organizational, technical and other means and measures, as well as citizens' self-defense of their rights. "

According to the author A.N. Averina: "Social protection is a system of measures to respect social rights and social guarantees, create conditions necessary for the normal life of people, reduce the negative impact of factors that reduce their quality of life"

Employees of the internal affairs bodies are representatives state power and are under the protection of the state, activities to ensure the social protection of police officers is a function of state authorities, as well as one of the main functions of executive authorities. In particular, one of the main tasks of the Ministry of Internal Affairs of Russia, in accordance with the Decree of the President of the Russian Federation "Regulations on the Ministry of Internal Affairs of the Russian Federation", is to ensure social and legal protection employees of internal affairs bodies, servicemen of internal troops, federal state civil servants of the system of the Ministry of Internal Affairs of Russia, as well as social and legal support of employees of the system of the Ministry of Internal Affairs of Russia, citizens dismissed from service in internal affairs bodies and from military service, members of their families, and other persons, the appropriate provision of which, on the basis of the legislation of the Russian Federation, is entrusted to the Ministry of Internal Affairs of Russia.

The system of state social protection of employees of internal affairs bodies currently includes three elements: measures of legal protection, measures aimed at ensuring security and measures of social protection.

The legal protection of police officers is:

In protecting him as a citizen, since the rights of a police officer as a citizen of his country are fully guaranteed by the Constitution of the Russian Federation, laws and by-laws, as well as the rights of any other citizen;

In special legal protection based on the specifics of the activities of the internal affairs bodies as law enforcement;

In protecting the rights and legitimate interests employees of internal affairs bodies during their service.

Accordingly, legal protection measures for employees of internal affairs bodies are divided into three groups: providing employees certain rights for the effective performance of their official duties; limiting interference in the official activities of employees; establishment of responsibility for actions that hinder the performance of duties assigned to employees, for actions that violate their rights and freedoms.

Ensuring the safety of police officers means a set of measures established and implemented by state bodies in order to protect the life, health, housing and property of employees and their relatives.

Employee security measures can be divided into general and special.

The general measures are the measures that the state and its bodies establish and apply when hiring citizens, as well as in the process of their service in the police. These include, for example, ensuring the confidentiality of information about an employee at the same time as his appointment to the position; providing, in the event of an aggravation of the operational situation, round-the-clock patrolling and enhanced protection by police squads of places where the families of employees, as well as buildings and premises of internal affairs bodies, live; periodic testing of employees for professional fitness to act in conditions associated with the use of physical force, special equipment and firearms.

Special measures ensure the safety of police officers and their close relatives in the presence of a threat of encroachment on their life, health, home and property. They are applied in the presence of a threat arising in connection with the implementation of their official activities. Special measures of protection can also be applied in relation to close relatives, and in exceptional cases also other persons, whose life, health and property are being infringed upon in order to impede legal activities. officials the police either force them to change their character, or out of revenge, for the specified activity.

The Federal Law "On Police" defines the following measures to ensure the safety of police officers:

Personal security, home and property security;

Issuance of weapons, special personal protective equipment and warning of danger;

Ensuring the confidentiality of information about employees and their relatives;

Transfer to another job, change of place of work or study;

Relocation to another place of residence;

Replacement of documents, change of appearance.

The listed security measures are applied taking into account specific circumstances. The reason for the application of security measures in relation to the protected person are:

Application of the specified person;

Appeal of the chairman of the court, or the head of the relevant law enforcement or regulatory body, or the head of the federal body of state protection;

Receipt by the security body of operational and other information about the existence of a threat to the security of the specified person [about the police].

Social protection measures mean measures for the provision of social interaction, social benefits and services by the subject of social interaction, social benefits and services to ensure minimum sufficient conditions and a socially approved level and quality of life of the object of social influence of police officers include benefits, guarantees and compensations that create conditions for employees for a decent life during the period of passing their service, as well as after its termination

To create conditions for the effective performance of official duties by police officers in numerous regulations operating on the territory of the Russian Federation, separate social benefits, privileges and compensation that relate to:

Duration of service (length of service);

Compulsory personal insurance;

Providing living space;

Payment for housing and communal services (to combatants);

Holidays;

Working hours in hazardous conditions;

Sanatorium service;

Purchasing tickets for all types of transport;

Dismissals from internal affairs bodies;

Medical service;

Use of personal vehicles for business purposes;

Families of employees who died in the line of duty, as well as employees who were injured and injured as a result of participation in hostilities, armed conflicts, measures to eliminate the consequences of disasters, etc. (Appendix B).

One of the most significant guarantees of social protection is the provision of monetary allowances for police officers. Monetary allowance includes a salary for a full-time position, a salary for a given special rank, a percentage bonus for length of service, a percentage bonus for an academic degree, the cost of food rations, and other cash payments established by the Government of the Russian Federation.

Financial assistance to employees who find themselves in a difficult life situation and who have submitted supporting documents is paid in the amount of up to two salaries per year.

For police officers eligible for a pension, depending on the length of service in the internal affairs bodies, a monthly supplement of 25% to 50% of the amount of the pension that could have been assigned to them is established.

Submissions on the provision of material assistance or on the establishment of an additional payment are made by the head of the relevant police department to the name of the head of the internal affairs body.

The guarantee of social protection of law enforcement officers is also the provision of compensation for work in excess of the statutory working hours on weekends and holidays, for work at night; granting privileges to employees holding the qualification titles "Specialist of the 1st class", "Specialist of the 1st class, mentor" and others; compensation for damage caused by the destruction or damage to property belonging to a police officer or members of his family in connection with his official activities; payment of compensation in the event of the death of an employee during the period of his service, after dismissal, as a result of inflicting on him bodily harm or other harm to his health in connection with his professional activities; other measures of material incentives or compensation for damage caused.

Thus, today in the Russian Federation the state provides for a whole range of measures to ensure social protection of police officers, providing for the provision of legal, material, financial, social, household and other assistance and protection.

1.2 Factors social risk and social problems police officers

Each modern state conducts a certain social policy in the interests of citizens in the greatest degree in need of special social protection and support. Special social status selected categories citizens are determined by their age, occupation, place of residence, as well as the merits they have before society and the state. In this regard, the social policy that is being implemented in Russia is differentiated.

A specific area of implementation of social policy, in particular, is the sphere of internal affairs, the subject of management of which is the Ministry of Internal Affairs of Russia. Various categories of employees serve in the internal affairs bodies, as well as state civil servants and workers with a social and legal status, which are very diverse and require appropriate means to ensure it.

Police officers have a special social status. This is due to the fact that employees carry out a service associated with a number of risks to life and health, and are also forced to perform the duties assigned to them in special conditions, as well as in a rapidly changing operational environment. Stress and overexertion caused by the performance of official duties adversely affect the health of employees, as well as the efficiency of their official activities.

The Ministry of Internal Affairs of Russia pursues its own departmental social policy, which concerns both the employee and his family members. This is especially important when an employee dies in the line of duty, was injured, injured or disabled, as a result of which there was a decrease or loss of his ability to work.

Social policy and social protection implemented in the internal affairs bodies is based on Russian "social legislation", as well as on legislation and other regulatory legal acts that apply exclusively to police officers. Normative legal acts that govern departmental social policy are of an administrative legal nature. Therefore, the social protection of police officers is carried out in the administrative legal regime, which fundamentally distinguishes it from the general social protection of citizens.

Social protection in the system of the Ministry of Internal Affairs of Russia, in contrast to general social protection, is targeted in nature, and also allows you to take into account a number of features of the service activities of employees. In this regard, social work in the internal affairs bodies should be a very principled, and in some cases, a priority area of police activity.

Considering social status police officers to address a number of issues, in the provision of social protection, there are social risks associated with professional activity police officers, as well as directly or indirectly influencing the social well-being of their relatives and friends.

Social risks are such actions when, in the performance of professional duties, an employee achieves the result of prevention, or discloses a crime, although at the same time it may cause certain damage to others, their interests or himself personally. It is important to note that the result is unattainable in any other way.

Social risks imply a measure of the expected consequences of a certain phenomenon, the occurrence of which contains the likelihood of loss or limitation of economic independence and social well-being, taking into account and regulating social factors and consequences that are undesirable, socially unacceptable, and threaten the life and health of people.

Risk assessment includes determining the likelihood of harm, the severity of the consequences is carried out by identifying risk factors, their intensity, and the amount of damage. A risk factor is understood as a source of danger, loss or limitation of economic independence and social well-being of a person. The scheme for assessing social risk factors includes their ranking on the basis of qualitative and quantitative comparisons, which requires at least natural indicators characterizing the danger.

Social risk indicators are indicators that indicate its presence or the likelihood of its occurrence. Social risk indicators can be both objective and subjective indicators characterizing the characteristics of professional activity and working conditions, relationships between colleagues and with potential clients (users of the provided goods and services), satisfaction of a person with a job and related professional duties, legal protection and family relationships, and much more.

Social indicators help to assess the level of social protection of people, and economic indicators allow us to compare the levels and significance of social risk, the possibility of minimizing damage from it.

Using the analysis of regulatory and legal acts on the implementation of social protection of employees of internal affairs bodies, as well as the risks associated with this direction activities, there are directions to ensure the social protection of police officers in the following areas:

The employee's marital status and the nature of family relationships. The family for the employee is a kind of rear providing his work. The specifics and content of the work, as a rule, to a certain extent, divorces the employee from the family. Add to this the bad living conditions, lack of housing, insufficient material and financial security and the like - in the aggregate, this can lead to an unwanted conflict in the family, its disintegration.

The living conditions of the employee, including the availability of permanent housing, indirectly affects the success of employees in fulfilling their professional duties. Meanwhile, according to the Ministry of Internal Affairs, from 30 to 40% of employees of the internal affairs bodies stand in line to improve housing conditions. Most of them are young professionals who graduated from educational institutions or served in the army, and are currently living in hostels, rented apartments. About 10% of employees live in houses that are in emergency or for demolition.

Working conditions in which police officers directly work. Currently, they are forced to fulfill their professional duties without the required amount of special equipment and personal protective equipment. Materially - technical support business trips of police officers to "hot spots" are at an average level, almost all the necessary food, drinking water, bedding and the like - you have to take with you.

The intensity of work of employees has significantly increased, which has a negative impact on the morale and psychological state of employees and the effectiveness of their professional activities. So, in recent years, the workload on employees of the criminal investigation department and other police units has increased significantly, the work of employees of the department for combating economic crimes has become noticeably complicated.

In addition to their other duties, police officers are increasingly involved in public order, including on weekends and holidays. In the event of the departure of a number of employees to the republics of the North Caucasus, other "hot spots" to protect the constitutional order and preserve the territorial integrity of Russia, the burden on the remaining employees of departments and divisions of law enforcement agencies increases.

Increased stressful danger of police officers' activities caused by the nature of the object of activity of a special category of the population, prone to criminal and illegal activities.

Including, the risk to the personal safety of the employee and his family members, relatives and friends, caused by the nature of the professional activity and the likelihood of the use of weapons by offenders. In addition to everything, irregular working hours, overtime work, fatigue, the effect of the "emotional burnout syndrome" leads to disruption of interpersonal relationships, conflict and divorce among law enforcement officers.

The named indicators of social risk were used to study the directions in the field of social well-being of police officers, that is, a person's feeling of satisfaction with his health condition, financial situation, social status, professional activity, legal protection, family and everyday life, interpersonal relationships, and other factors.

Thus, in the professional activities of police officers, there are many factors of social risk (economic, legal, intellectual, socio-psychological), which, in turn, entail the existence of various social problems. The reasons for this lie in the specifics of the activities of law enforcement agencies, which is an increased danger to the physical, psychological and material well-being of police officers, their relatives and friends. The indicators of social risk in the work of police officers can be various indicators of an objective and subjective nature. Ignoring social risks, as well as the factors that cause them, can lead to a deterioration in the social well-being of police officers and to an aggravation of the criminal situation in our country.

1.3 Methodological approaches to researching the problem

Social protection of the population at the present stage is the most important and priority direction of the social policy of the Russian Federation. It represents a system of principles, methods, social guarantees legally established by the state, measures and institutions that ensure the provision of optimal living conditions, satisfaction of needs, maintenance of life support and the active existence of an individual, various social categories and groups and is directed against situations of risk in the normal life of citizens.

Police officers and members of their families, due to the specifics of the professional activities of law enforcement agencies, belong to a group of social risk. Recently, the legal status of a police officer has changed significantly, and research in this area should be based on recent changes legislation and existing legal practice.

The analysis of the level of protection of police officers touches upon economic, political, social, historical and other problems. Therefore, it is impossible to conduct a holistic analysis of state policy to protect the interests of police officers without knowledge of political science, sociology, philosophy, history, economics, and so on. Hence the need for an interdisciplinary method of analysis.

The foundations of the modern concept of the rights, freedoms and duties of a person and a citizen, as well as constitutional guarantees of rights and freedoms, were laid in numerous works of prominent foreign scientists - J. Locke, C. Montesquieu, J-J. Russo, as well as Russian supporters of the theory of natural law: V.S. Solovyova, B.N. Chicherin, I.A. Kistyakovsky and others.

General theoretical approaches to the concept of fundamental rights, freedoms and duties of a person and a citizen in Russia and guarantees of their implementation were developed by Russian legal scholars M.V. Baglai, A.G. Berezhnov, I.A. Bobrova, S.P. Bulavin, N.V. Vitruk, L. D. Voevodin, G.A. Gadzhiev, M.S. Grinberg, A.V. Endoltseva, I.N. Zubov, A.G. Chepurnoy, V.M. Chikvadze, B.S. Ebzeev, L.S. Yavich, Ts.A. Yampolskaya and others.

Various aspects of the problem considered in this thesis, became the object of research of a number of such theoreticians as: Ibragimov M.N., Kulichenko V.V., Grigoriev S.I., Demina L.D. - analyzed the social and psychological characteristics of police officers, L.V. Bigul, M.V. Firsov, B.Yu. Shapiro. - studied the theory and practice of medical social work, Savely M.N., Volokha A.S. - considered the formation of service medical and social assistance in the system of law enforcement agencies.

In the thesis applied: methods of analysis and synthesis, systemic and comparative legal analysis, logical comparison and comparison, statistical and specific sociological methods research. The application of these methods makes it possible to comprehensively analyze the regulatory - legal framework ensuring the constitutional rights of police officers to social protection.

In the study of the topic, a systematic approach was used, on the basis of which the connection and dependence observed between the elements of the methods of social protection of police officers, systems comparative analysis as well as a statistical approach to viewing data.

Chapter 2. Legal regulation in the field of state social protection of police officers

2.1 Levels of legal regulation of social protection of police officers

In the system of conditions and means of protection, constitutional rights and freedoms of employees, an important place belongs to legal guarantees. In their strictly legal meaning, legal guarantees are means enshrined in legislation, special measures which are designed to directly provide implementation and protection legal regulations, securing the rights, freedoms and duties of employees, the satisfaction of their interests, the use of the benefits that underlie this or that right or freedom.

Legal guarantees of rights and freedoms are many and varied. But they have one thing in common common property: they are all expressed, enshrined in legislation, primarily in the Constitution of the Russian Federation.

The Basic Law guarantees state protection of human and civil rights and freedoms. it general rule establishes the duty of the state by various legal means to ensure the protection of rights and freedoms, to carry out their regulation.

Most general guarantee rights and freedoms, which has the highest legal force, is itself constitutional order based on unswerving observance of the Constitution, inalienable natural law and generally recognized principles international law... This highest guarantee is transformed by the Constitution of the Russian Federation into a system of certain rights of citizens and obligations of the state to ensure the rights and freedoms, formulated in Articles 45, 46, 53, 55, 56, 60, 61.

The Constitution of the Russian Federation proclaims the right of everyone to housing, state pension and social benefits, social insurance and the creation of additional forms of social security, the right to health care and medical assistance, as well as other types of social protection, defines the mechanism for the implementation of the rights of citizens, fixes the general provision on the provision of guarantees of social protection in the Russian Federation.

Social protection is under the joint jurisdiction of the Russian Federation and its constituent entities. The aforementioned provisions of the Constitution mean the orientation of all state bodies towards the provision, protection and protection of human rights, and society - towards exercising control over how these rights are observed.

Social security guarantees for police officers and the procedure for their implementation are determined by the federal law of the Russian Federation "On the Police". In particular, guarantees of the rights to health protection and medical care; for state insurance and compensation for damage in case of death or injury of a police officer; to provide living space.

The provision of police officers with appropriate social guarantees is due to the peculiarities of the service, which are associated, among other things, with restrictions on certain general civil rights and freedoms established by federal laws.

The social security guarantees provided for police officers also apply to other members of the rank and file of the police, as well as probationary trainees who are involved in police tasks.

The procedure for the implementation of guarantees, rights and benefits established by law for police officers, persons dismissed from service, and their family members is determined by a number of decrees of the Government of the Russian Federation, regulatory legal acts of ministries and departments of the Russian Federation and its constituent entities.

The types of social guarantees and protection of police officers determined by the federal law "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" activities for the position being replaced. Housing, medical and sanatorium support for the employee and his family members is carried out on the conditions and in the manner established by the legislation of the Russian Federation.

Insurance guarantees and payments to an employee in order to compensate for harm caused in connection with the performance of official duties, as well as guarantees in connection with dismissal from service in the internal affairs bodies are provided for by this federal law.

In particular, it has been established that compulsory state insurance of the life and health of an employee and payments in order to compensate for harm caused in connection with the performance of official duties are carried out on the conditions and in the manner determined by the legislation of the Russian Federation.

Each police officer is provided with clothing, depending on the conditions of service according to the standards established by the Government of the Russian Federation. The procedure for recording, storing, issuing and writing off clothing items should be established by the Ministry of Internal Affairs. General provisions on clothing for employees are established by the Government of the Russian Federation. Currently general provisions on the provision of clothing for police officers of the Russian Federation were approved by the Decree of the Government of the Russian Federation "On uniforms, insignia and norms for the supply of clothing items for employees of the internal affairs bodies of the Russian Federation."

If the employee, due to the nature of his job, does not use uniforms, he is paid monetary compensation in the amount established by the Government of the Russian Federation and in the manner determined by the Ministry of Internal Affairs.

Police officers are provided with housing in accordance with the federal law "On social guarantees for employees of internal affairs bodies and amendments to certain legislative acts of the Russian Federation." A police officer who does not fall under the category certified by the state housing certificate under the subprogram "Implementation government obligations for the provision of housing to the categories of citizens established by federal legislation "of the federal target program" Housing "for 2011 - 2015, has the right, under a social employment contract, to receive monetary compensation for employees specified in the federal law for the sub-rent of housing space.

The procedure and conditions for pension provision for employees and their family members and the length of service in the police, which gives the right to receive a seniority pension, are determined in accordance with the legislation of the Russian Federation. The provisions of the Law of the Russian Federation "On the provision of pensions for persons who have passed military service, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of criminal - executive system and their families. "

2.2 Analysis of modern legislation and the main directions of social protection of police officers

constitutional law police russian

Legislative acts establish a certain amount of benefits and compensations that form legal basis to implement state guarantees protection of the rights and interests of the personnel of the internal affairs bodies, whose activities are largely associated with the risk to life and health (Appendix A). Very often they become the object of the encroachment of criminals. In this regard, the social security of employees presupposes the creation of the necessary conditions for the normal activities of personnel.

The social protection of law enforcement officers is characterized by the degree of realization of social rights and guarantees, the real level of satisfaction of their material needs, interests, compliance with the goals and objectives that the law enforcement service is designed to solve, the role played by its employees in society, as well as restrictions and risks, with which is associated with law enforcement.

One of the types of social guarantees of the police on the basis of the Order of the Ministry of Internal Affairs "On Approval of the Procedure for Providing Payments to Employees of Internal Affairs Bodies of the Russian Federation" and other additional payments.

The basis for the payment of monetary allowance is the order of the head. Official salaries and additional payments to employees are established and changed by the order of the head indicating the grounds and specific amounts for each employee and are paid from the date determined by this order, and if the date is not specified, then from the date of its signing. Official salaries for standard positions and salaries for special ranks are paid in the amounts established by the Government of the Russian Federation.

An employee who is transferred to a lower position in the police is retained the official salary in the amount established for the last position, which he filled before being appointed to a lower position, if the transfer was made on the following grounds:

For health reasons, in accordance with the conclusion of the military medical commission;

Due to the reduction of the position replaced by the employee;

In connection with the reinstatement of an employee in a position that he held earlier, in the event that this position is replaced by another employee and there is no equivalent position.

The payment of the retained official salary is made until the employee has the right to receive a higher official salary due to its increase in the prescribed manner or the appointment of an employee to a position in the internal affairs bodies with a higher official salary.

The order provides for monthly additional payments.

The monthly increment to the salary of the pay for the length of service (length of service) is set as a percentage in the following amounts for the length of service (length of service):

From 2 to 5 years old - 10;

From 5 to 10 years old - 15;

From 10 to 15 years old - 20;

From 15 to 20 years old - 25;

From 20 to 25 years old - 30;

25 years and more - 40.

The length of service (length of service) for the payment of a monthly salary allowance for the length of service (length of service) is determined in the manner established by the Government of the Russian Federation.

The monthly increment to the official salary for a qualification rank is established as a percentage of the official salary in the following amounts:

For the qualification title of the third class specialist - 5;

For the qualification title of the second class specialist - 10;

For the qualification title of a first class specialist - 20;

For the qualifying title of the master (the highest title) - 30.

The monthly increment to the official salary for special conditions of service is established in the amount of up to 100 percent of the official salary in accordance with the List of special conditions of service for police officers of the Russian Federation and the maximum monthly salary supplement for special conditions of service approved by the Government of the Russian Federation.

If an employee is eligible to receive allowances for special conditions on several grounds, then the amount of these allowances is summed up. The total amount of the allowance for special conditions cannot exceed 100 percent of the employee's salary.

An employee who is admitted to state secrets on an ongoing basis is paid a monthly bonus to the official salary for work with information constituting a state secret, in the amount of up to 65 percent, depending on the degree of secrecy of the information to which he has access.

An increase to the official salary for the performance of tasks associated with increased danger to life and health in peacetime is paid in the amount of up to 100 per cent of the official salary.

The risk premium is paid in accordance with the list of positions and in the amount determined by the order of the Ministry of Internal Affairs of Russia.

For conscientious performance of official duties, employees are paid bonuses at the rate of three salaries per year.

The bonus is paid monthly at the rate of twenty-five percent of the salary set for the employee on the first day of the month for which the payment is made. The bonus is paid in proportion to the time the employee fulfills his official duties in the corresponding calendar month. V settlement period for the payment of the bonus, the time of study, vacations with the preservation of monetary allowances, and release from official duties due to temporary disability are included.

On the basis of the order of the head, the bonus is not paid to employees temporarily suspended from the performance of official duties, to employees who have a disciplinary sanction "severe reprimand", "warning of incomplete official compliance", "transfer to a lower position in the internal affairs bodies", the bonus is not paid during one month from the date they were brought to disciplinary responsibility.

To employees dismissed from service in the internal affairs bodies, the bonus on the basis of the order of the head is not paid in the month of dismissal, if the dismissal is made on the following grounds:

Gross violation of official discipline by an employee;

Repeated violation of official discipline by an employee if he has disciplinary action imposed in writing by order of the head of the federal executive body in the field of internal affairs or an authorized head;

Refusal of an employee to transfer to a lower position in the internal affairs bodies in the order of execution of a disciplinary sanction;

Violation of the terms of the contract by an employee;

Failure by the employee to comply with restrictions and prohibitions established by federal laws;

Loss of trust;

Employee introduction forged documents or knowingly false information when entering the service in the internal affairs bodies, as well as the submission by the employee during the service in the internal affairs bodies of forged documents or knowingly false information confirming his compliance with the requirements of the legislation of the Russian Federation in the part concerning the conditions for filling the corresponding position in the internal affairs bodies cases, if this does not entail criminal liability;

Conviction of an employee for a crime, as well as termination of criminal prosecution against an employee due to the expiration of the statute of limitations, due to the reconciliation of the parties, as a result of an act of amnesty, in connection with active repentance;

Committing an offense defaming the honor of an employee of the internal affairs bodies;

An employee's violation of mandatory rules when concluding a contract.

Within the limits of the funds provided for the payment of monetary allowances, employees who successfully perform particularly complex and important tasks may be additionally paid one-time bonuses.

Coefficients are set for the monetary allowance of employees serving in the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, including remote ones, coefficients are set (regional, for service in high mountain areas, for service in desert and waterless areas) and percentage markups provided for by the legislation of the Russian Federation.

Employees with higher legal education and holding positions, whose main duties include carrying out legal examination of legal acts and draft legal acts, preparing and editing draft legal acts and their endorsement as a lawyer or executor, are paid a monthly "legal" bonus in the amount of up to 50 percent of the official salary, depending on the volume and complexity of legal examinations carried out by employees.

Employees replacing the positions of employees of the encryption service, or carrying out in structural divisions of the internal affairs bodies work with ciphers, or involved in this work by decision of the heads of departments on the basis of the lists of positions of the encryption service employees approved by them, as well as the management, teaching and educational support staff of training, retraining and advanced training courses for employees of encryption services, employed at work with in ciphers, a monthly percentage premium is paid for encryption work:

Employees are paid a one-time incentive in the following amounts (in salaries):

With the encouragement of the Government of the Russian Federation - 1;

With the encouragement of the President of the Russian Federation - 2;

When conferring honorary titles of the Russian Federation and awarding them with insignia of the Russian Federation - 3;

When awarding orders and medals of the Russian Federation (except for jubilee ones) - 5;

When awarded with a badge of special distinction - the Gold Star medal - 10.

Bibliography

Constitution of the Russian Federation. - SPb .: Peter, 2013 .-- 64 p.
About the police: Federal Law of 07.02.2011 No. 3-FZ (as amended on 25.06.2012) // GARANT System [Electronic resource] - Title from the screen. - Access mode: http://ivo.garant.ru/SESSION/PILOT/main.htm
On social guarantees to employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation: Federal Law of 19.07.2011 No. 247-FZ (as amended on 30.11.2011) // GARANT System [Electronic resource] - Title from the screen. - Access mode: http://base.garant.ru/12188106/

The main regulatory legal act regulating the system of social guarantees for employees of internal affairs bodies is - Federal Law of 19.07.2011 N 247-FZ "On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation."

The federal law regulates relations related to monetary allowance and pension provision for employees of the internal affairs bodies of the Russian Federation, provision of living quarters, medical care for employees of internal affairs bodies, citizens of the Russian Federation dismissed from service in the internal affairs bodies, and their family members, as well as with providing them with other social guarantees.

Family members of an employee are:

1) a spouse who is (were) in a registered marriage with an employee;

2) minor children, children over 18 years of age who became disabled before they reach the age of 18, children under the age of 23 studying in educational institutions on a full-time basis;

3) persons who are (were) fully supported by an employee (citizen of the Russian Federation, dismissed from service in the internal affairs bodies) or who receive (received) assistance from him, which is (was) for them a permanent and main source of livelihood, and also other persons recognized as dependents in the manner prescribed by the legislation of the Russian Federation. Federal Law of July 19, 2011 N 247-FZ "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" (as amended on 11/23/2015, as amended on 12/14/2015) // SPS Consultant Plus

The main means of material support and incentives for employees of the internal affairs bodies is a monetary allowance, which consists of a monthly salary in accordance with the position being replaced and a monthly salary in accordance with the assigned special rank, which make up the monthly salary.

Employees sent on a business trip are paid for travel expenses in the manner and amount determined by the Government of the Russian Federation.

Employees are provided material help in the amount of at least one salary of wages per year in the manner determined by the head of the federal executive body in the field of internal affairs.

Employees of the internal affairs bodies are also entitled to additional payments. (See Appendix 3)

When employees move to a new duty station to another locality(including to and from the territory foreign country) in connection with the appointment to another position, or in connection with enrollment in educational institution of higher professional education of the federal executive body in the field of internal affairs, the period of study in which is more than one year, or in connection with the relocation of the body (subdivision), payments are made to employees and members of their families:

1) lifting allowance - in the amount of one salary salary per employee and one fourth of the salary salary for each member of his family who has moved to the locality at the employee's new place of service, or to a locality close to the new place of service, or to another locality item due to the lack of living quarters at the employee's new duty station;

2) daily allowance - for an employee and each member of his family moving in connection with the transfer of an employee to a new duty station, in the amount determined by the Government of the Russian Federation for seconded employees for each day of being on the road.

Employees whose total duration of service in the internal affairs bodies is 20 years or more, who do not violate the established discipline, upon dismissal from service in the internal affairs bodies, are paid a lump sum in the amount of seven salaries, and employees whose total duration of service in the internal affairs bodies is less than 20 years, upon dismissal from service in the internal affairs bodies, a lump sum is paid in the amount of two salaries. Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" (as amended on 01.01.2016 N 317-FZ)

The employees of the internal affairs bodies are entitled to one-time social payments, for example, such as “one-time social payment for the purchase or construction of residential premises. "

Employees with the special rank of police colonel and above, dismissed from service in the internal affairs bodies in these special ranks, as well as employees with academic degrees or academic titles, are entitled to an additional living space of 20 square meters.

The employee has the right to free medical care, including the manufacture and repair of dentures (with the exception of dentures made of precious metals and other expensive materials), for free provision of medicines for medical use according to prescriptions for medications issued by a doctor, as well as medical products in medical organizations federal executive body in the field of internal affairs. See: O. V. Raguzina Legislation of the Russian Federation on the social protection of employees of internal affairs bodies // Legal culture: Science Magazine. - 2007.S. 67

Pension provision is the most important area of legal regulation of social protection of employees of internal affairs bodies.

Pension provision for employees of internal affairs bodies is regulated by the Law of the Russian Federation of February 12, 1993 "On pensions for persons who served in the military, service in the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of criminal - the executive system, and their families. " It determines the categories of persons entitled to pension benefits, establishes the types of pensions, as well as the conditions that give the right to receive one or another type of pension. (See Appendix 4)

Employees of internal affairs bodies acquire the right to a state security pension:

1) for the length of service, if they have the length of service provided for by law in the service in the internal affairs bodies;

2) for disability, if they became disabled in the presence of the conditions provided by law.

In the event of the death or death of privates and commanding officers who served in the internal affairs bodies of the Russian Federation and the penitentiary system, their families, subject to the conditions provided for by law, acquire the right to a survivor's pension. Families of deceased pensioners are entitled to a survivor's pension on a common basis with the families of persons who died during the service.

Employees of the internal affairs bodies and their families, who are simultaneously entitled to various state pensions, are assigned one pension of their choice.

Persons who have served in the internal affairs bodies have the right to a seniority pension:

1) having a length of service in the internal affairs bodies of 20 years or more on the day of dismissal from service;

2) dismissed from service upon reaching the age limit for service, health reasons or in connection with organizational and staff activities and who have reached 45 years of age on the day of dismissal, having a total work experience of 25 calendar years or more, of which at least 12 years and 6 months is the service in the internal affairs bodies. See: Kostennikov M.V., Kurakin A.V., Mikhailuk P.A. Organization of social protection ... p.12

The seniority pension cannot be lower than 100 percent of the estimated pension. Seniority pensions awarded to disabled employees are increasing.

The right to a state disability pension is granted to employees of the internal affairs bodies who have become disabled if the disability occurred during the period of their service or no later than three months after leaving the service, or if the disability occurred later than this period, but due to injury, contusion, injury or illness, received during the period of service.

The disability pension is set in the following amounts:

1) disabled persons due to military trauma of I and II groups - 85 percent, III group - 50 percent of the corresponding amounts of monetary allowance;

2) disabled people due to illness received during military service, I and II groups - 75 percent, III group - 30 percent of the corresponding amounts of monetary allowance. Law of the Russian Federation of February 12, 1993 N 4468-I "On the pension provision of persons who underwent military service, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system , and their families "(as amended on 04.11.2014, as amended on 14.01.2016) // SPS Consultant Plus

The influence of socio-economic and socio-political factors in the development of society on the vital activity of the internal affairs bodies is most of all manifested through the level of monetary allowances for employees of the internal affairs bodies, retail prices for goods and services. The ratio of these indicators reflects the real standard of living of employees of the internal affairs bodies. Social security for employees of internal affairs bodies is a set of measures of a political, economic, social, administrative and legal nature, established and applied by the state, aimed at ensuring the moral, material and physical well-being of employees not only during the period of service by employees, but also after their termination of service and in the event of death (death) of employees, harm to their health, destruction or damage to their property, as well as the creation of appropriate conditions for the effective performance of their assigned duties.

Mikhailuk Pavel Aleksandrovich, applicant for the Moscow University of the Ministry of Internal Affairs of Russia, investigator of the Investigation Department at the Department of Internal Affairs of the Western administrative district the city of Moscow.

Key words: social policy, social protection of employees of internal affairs bodies, pension provision for employees of internal affairs bodies, guarantees of social protection, system of social protection of employees of internal affairs bodies.

***

The article reveals such a category as "social protection of employees of the internal affairs bodies", the work examines the directions of the implementation of social policy in the field of internal affairs. The article examines the guarantees of social protection of employees of internal affairs bodies, and also formulates proposals for improving the administrative and legal mechanism of social protection of employees of internal affairs bodies.

***

The problems of social protection of the individual are more urgent than ever. High level inflation, low wages of a significant part of the population - all this and a number of other problems create social tension in society. Almost all social problems to one degree or another relate to the official activities of employees of the internal affairs bodies. Many problems associated with unsatisfactory social protection of employees of internal affairs bodies are rooted in ineffective administrative and legal regulation of their social protection. The fundamental normative legal acts that determine the social protection regime for employees of the internal affairs bodies (militia) are the Law of the Russian Federation of April 18, 1991 "On the militia"<1>, as well as the Regulation "On service in the internal affairs bodies of the Russian Federation"<2>... However, many aspects of social protection of employees of internal affairs bodies are reflected in many legislative and other normative legal acts regulating the regime of service in the internal affairs bodies. It should also be noted that many provisions regarding the social protection of the individual are directly related to the social protection of employees of the internal affairs bodies. This is due to the fact that social policy is being implemented in the RF in one way or another.

<1>See: Vedomosti SND and VS RSFSR. 1991. N 16. Art. 503.
<2>See: Vedomosti SND and VS RF. 1993. N 2. Art. 70.

As follows from the Constitution, the Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free human development (Article 7).

The named constitutional provision is directly related to the problems of social protection of employees of the internal affairs bodies. At present, it should be agreed that the state has a social function.

As noted by O.V. Rodionov, social function is the activity of the state aimed at minimizing differences in the access of members of the state to public goods, in order to ensure stability (self-preservation) of society<3>.

<3>See: O. V. Rodionova. The social function of the modern state: Author's abstract. dis. ... dr. jurid. sciences. M., 2007.S. 5.

Before starting to consider the problem of social protection of employees of internal affairs bodies, it seems necessary to determine how categories such as "protection" and "protection" relate to each other. This approach seems to be important, since both one and the other terms are used in the social sphere. The Russian Constitution contains both the category of "protection" and the category of "protection". Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state (Art. 2). State protection human and civil rights and freedoms in the Russian Federation are guaranteed. Everyone has the right to defend their rights and freedoms in all ways that are not prohibited by law (Art. 45). Everyone is guaranteed judicial protection of his rights and freedoms (Art. 46).

Labor and health of people are protected in the Russian Federation, a guaranteed minimum size wages provided governmental support family, motherhood, fatherhood and childhood, disabled and elderly citizens, the system of social services is developing, state pensions, benefits and other guarantees of social protection are established. The dignity of the individual is protected by the state. Nothing can be grounds for belittling it (v. 21).

V social legislation there are no norms that would reveal the concepts of "protection" and "protection" in relation to the social sphere. In this regard, these categories were given different definitions in terms of volume. The protection of subjective rights means all means that ensure the real exercise by citizens of their subjective rights, and protection means the means used in case of violation of the subjective rights of citizens.<4>.

<4>See: Chechot D.M. Subjective law and the forms of its protection. L., 1968.S. 168.

We can talk about protection only when the rights and freedoms have been violated or there is a real danger of their violation. As noted by A.A. Uvarov, "the need for constitutional guarantees of protection arises when the fact of violation (infringement) of human rights already takes place or there is a threat of its violation. All guarantees of protection can be conditionally divided into compensatory, preventive and restorative"<5>.

<5>See: A.A. Uvarov Constitutional guarantees rights and freedoms of man and citizen // State and law. 2005. N 7.S. 83.

Protection implies both prevention from violation and active protection. Protection is always carried out in relation to the rights and freedoms of specific citizens, while other means of protection are implemented, as a rule, without regard to specific citizens<6>.

<6>See: V.I. Novoselov. Theoretical problems of the development of the administrative and legal status of citizens of the USSR in modern conditions: Dis. ... dr. jurid. sciences. Saratov, 1979, p. 212.

Based on the above, we can conclude that there is protection component protection, in other words, one of the objectified forms of protection. In the scientific literature, there is a point of view that the term social protection does not reflect the realities that occur in society. In this connection, it seems more successful and justified to use the term "administrative guardianship"<7>... For the first time, D.N. Bahrakh.

<7>See: Pavlova E.V. Legal and organizational issues of providing administrative guardianship: Dis. ... Cand. jurid. sciences. M., 2003.S. 14.

D.N. Bahrakh defined administrative custody as a system state aid not directly related to labor, the service of the persons to whom it is provided<8>.

<8>See: Bakhrakh D.N. Administrative law Russia. M., 2000.S. 80.

It should be said that social protection can be considered in several aspects. In a broad aspect, social protection is a combination of various legal means that ensure a dignified life and free development of a person. As noted by E.V. Abyzov, "social protection is a complex system of measures applied to ensure the free and proper implementation of subjective rights, including judicial protection, legislative, economic, organizational, technical and other means and measures, as well as citizens' self-defense of their rights"<9>.

<9>See: Abyzha E.R. Legal status of employees of internal affairs bodies (general theoretical aspects): Author's abstract. dis. ... Cand. jurid. sciences. M., 2006.S. 15.

In the legal encyclopedia, social protection is understood as a complex system of measures applied to ensure the free and proper implementation of subjective rights, including judicial protection, legislative, economic, organizational, technical and other means and measures, as well as citizens' self-defense of their rights<10>.

<10>See: Tikhomirova L.V., Tikhomirov M.Yu. Legal encyclopedia. M., 1997.S. 526.

T.K. Mironova defines social protection as the activities of state and non-state bodies and organizations for the implementation of measures of economic, legal, organizational nature that are aimed at preventing or mitigating negative consequences for a person and his family upon the occurrence of certain socially significant circumstances (including social risks), as well as to maintain an acceptable level of their material and social well-being<11>.

<11>See: T.K. Mironova. Social Security Law and modern tendencies legal regulation of relations in the field of social protection: Author's abstract. dis. ... dr. jurid. sciences. M., 2008.S. 11.

Yu.S. Korma social protection as legal category considers as a system provided by law social and legal guarantees, as well as the activities of the relevant bodies for their implementation, aimed at ensuring relations developing in law-making and law enforcement practice to protect the legal status of a person<12>.

<12>See: Kostyrya Yu.S. Economic aspects of managing the social security system for employees of internal affairs bodies in modern conditions: Dis. ... Cand. economy sciences. M., 2004.S. 39.

The problems of social policy in relation to employees of the internal affairs bodies are reflected in the level of their social protection. The legislation establishes a certain amount of benefits and compensations that form the legal basis for the implementation of state guarantees for the protection of the rights and interests of the personnel of internal affairs bodies, whose activities are largely associated with a risk to life and health. Very often they become the object of encroachment on the part of criminals.<13>.

<13>See: Social protection of employees of internal affairs bodies and servicemen of internal troops of the Ministry of Internal Affairs of Russia // Bulletin of the Ministry of Internal Affairs of Russia. 1996. N 6.S. 113.

In this regard, the social security of employees presupposes the creation of the necessary conditions for the normal activities of personnel.

The main benefits, guarantees and compensations established for employees of the internal affairs bodies.

The social guarantees provided to employees of the internal affairs bodies include:

the use of a bonus payment system for remuneration;
establishment of clothing allowance and food rations or its monetary equivalent;
medical care and provision of medicines;
state insurance in case of damage to life, health and property related to the performance of official duties, as well as in case of illness or disability that occurred during the period of service;
seniority pension and the right for family members to receive survivor's pension<14>.

<14>See: N.V. Kolesnik Some issues of strengthening the social security of police officers // Bulletin of the Ministry of Internal Affairs of Russia. 1995. N 6.S. 100.

material support, including cash, clothing and food supply, as well as cash surcharges and compensations;
medical and sanatorium-resort provision;
state insurance;
pension provision.

The Russian government establishes the types and amounts of money allowances for employees of the internal affairs bodies. It includes official salaries, percentage allowances for length of service, salaries for special ranks, other allowances and additional payments. Payments of monetary allowance are provided by the Ministry of Internal Affairs of the Russian Federation, financial and economic services of ministries and departments of internal affairs of the constituent entities of the Federation, accounting of bodies, divisions and institutions of internal affairs.

Cash surcharges and compensations are issued to employees of the internal affairs bodies for:

use of personal vehicles for business purposes;
work over the established time;
performance additional responsibilities for a temporarily absent employee and part-time;
for a qualification title, knowledge of foreign languages, an academic degree;
the awarded badge "Honored employee of the Ministry of Internal Affairs of the Russian Federation";
for unused vacation;
the teaching staff - for the purchase of literature;
travel expenses;
for the lease (sublease) of temporary living quarters<15>.

<15>

In addition, employees annually, and for one of the family members living with him, once every two years to travel to the place of vacation and back, are issued transportation documents or travel expenses are reimbursed. Employees and members of their families who are sent to the appropriate medical institutions on preferential vouchers to sanatoriums, rest homes and tourist camps are reimbursed for travel expenses<16>.

<16>See: N.G. Maksimenko. On social guarantees, compensations and measures of social support for employees of internal affairs bodies and military personnel of internal affairs bodies // Bulletin of the Ministry of Internal Affairs of Russia. 2005. N 1.S. 9.

Employees of the internal affairs bodies are provided with clothing allowance free of charge, with the exception of certain items that are released for a fee, according to the supply standards. The right to receive allowance comes upon the appointment of an employee to a full-time position and from the date of assignment of a special rank. Subsequent issuance is carried out at the end of the period for wearing the issued items. Employees performing official duties in civilian clothes, as well as other employees, by the decision of the head of the internal affairs body, are paid monetary compensation for uniform items, established by the norms<17>.

<17>See: V. V. Kasyulin, Yu. V. Kivich. Public service in the internal affairs bodies. M., 2003.S. 72.

Individuals of the rank and file of the internal affairs bodies are provided at the expense of the state with food rations, which can be issued with food or in the form of monetary compensation in the amount of the cost of the ration, taking into account the indexation of food prices.

Food rations are not issued and monetary compensation is not paid in exchange for the ration:

while on treatment in military and civilian medical institutions, where free meals are provided;
while in sanatoriums and rest homes in Russia on vouchers provided at the expense of the state;
during the period of release from official duties for caring for a sick child on a certificate from a doctor (without saving money);
women for the period after maternity leave provided for childcare until the child reaches the age of three;
employees who serve in a combined position.

Employees of the internal affairs bodies have the right to free medical care and free provision of medicines in medical institutions of the system of the Ministry of Internal Affairs of the Russian Federation, sanatorium and resort provision, annual payment of monetary compensation in the amount of the average cost of the voucher, and family members (husband, wife, minor children) - compensation in the amount of 50% of the average cost of the tour<18>.

<18>See: A. Actual problems social protection of employees of internal affairs bodies in the Russian Federation // Law and Life. 2007. No. 116 (11). P. 118.

Serious state guarantees are provided to families in the event of the death of an employee related to the performance of official activities, or his death before the expiration of one year after leaving the service due to injury or illness received during the period of service. In this case, the employee's family and dependents are paid in equal shares a one-time allowance in the amount of ten years' salary.

As additional guarantees for the protection of life and health, compulsory state personal insurance of employees is carried out. In the event of death or death of the insured during the period of service or before the expiration of one year after dismissal from service due to injury, trauma, concussion, injury or illness that occurred during the period of service, the sum insured is 25 salaries for each family member. When the disability of the first, second, third groups is established, the payments amount to 75, 50, 25 salaries, respectively, and if you receive a serious or light injury (injury, concussion, trauma) - 10 and 5 salaries.

In addition, taking into account the special conditions of service, employees are provided with an annual paid leave of 30 days, excluding travel time to the place of vacation and back. Depending on the length of service (after 10, 15, 20 years of service), additional leave 5, 10, 15 days respectively<19>.

<19>See: V.V. Kasyulin, Yu.V. Kivich. Decree. op. P. 72.

The organization of compulsory state personal insurance, issues of compensation for damage in the event of the death or injury of an employee of the internal affairs bodies, as well as the procedure and conditions for the payment of lump-sum benefits and insurance amounts to employees and their families are regulated and determined in accordance with the legislative and other regulatory legal acts of the Russian Federation.

Among them are the Federal Law of March 28, 1998 "On compulsory state insurance of the life and health of servicemen, citizens called up for military training, persons of ordinary and commanding staff of the internal affairs bodies of the Russian Federation, state fire service, bodies for control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system and employees of federal tax police bodies "<20>... Additional social insurance, compensation for damage in the event of the death or injury of an employee of the internal affairs bodies due to disasters, as well as when protecting the constitutional rights of citizens in a state of emergency and in armed conflicts, is carried out in accordance with the legislative and other regulatory legal acts of the Russian Federation<21>.

<20>See: Collected Legislation of the Russian Federation. 1998. N 13. Art. 1474.
<21>See: A. Demidov Actual problems of social protection of employees of internal affairs bodies in the Russian Federation // Law and Life. 2007. No. 116 (11). P. 118.

In the event of the death or death of an employee as a result of a catastrophe, accident, natural disaster, violence related to his official activities or the performance of official duties, personnel divisions of the internal affairs bodies report to the Personnel Department of the Ministry of Internal Affairs of Russia information about the family and relatives of the deceased who were on his dependent. It should be said that, despite certain changes in current legislation, a certain amount of benefits and compensations has been established, which form the legal and social basis for the implementation of state guarantees in the mechanism of protecting the rights and legitimate interests of employees of internal affairs bodies.

Social protection of employees of internal affairs bodies is a system of social and legal guarantees aimed at meeting the material and spiritual needs of employees. Social protection of employees of internal affairs bodies is an objectively necessary element in legal status employees of the internal affairs bodies. The effectiveness of law enforcement activities of the internal affairs bodies depends on improving the social protection of employees of internal affairs bodies.<22>.

<22>See: S.D. Poroshchuk. On the issue of social and legal protection of the individual // Problems of ensuring human rights in the activities of internal affairs bodies. M., 1994.S. 68.

In our opinion, the social protection of employees of internal affairs bodies is a state in which an employee of an internal affairs body, as well as members of his family, are protected by the state and can safely exercise their rights in the socio-cultural sphere, can normally satisfy their spiritual and material needs.

Bibliographic list

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Social protection of employees of internal affairs bodies and military personnel of the internal troops of the Ministry of Internal Affairs of Russia // Bulletin of the Ministry of Internal Affairs of Russia. 1996. No. 6.
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