Problems of characterizing of social security law as a public branch of law

Abstract

The inclusion of social security law in the sphere of public law today causes certain difficulties. On the one hand, the State nature of social security law, the provision of security from public funds and on behalf of the State speaks in favor of the publicity of social security law. On the other hand, the presence of private entities in social security legal relations as persons providing security, the desire to organize legal relations on the basis of private law structures, makes the issue of publicity of social security law no longer so unambiguous. 

The situation is aggravated by the desire of some scientists to give the method of legal regulation of social security law an imperative-dispositive character, and the branches of law, respectively, a private-public nature. It should be noted that the mechanism of interaction between imperative and dispositive law is currently undefined. The uncertainty of the mechanism of such interaction entails the need to consider social security law within the public or private sphere of law. The author does not consider himself one of the conformists in this matter and considers social security law as a branch of public law. The rationale for this position is based on the conclusions about the impossibility of using private legal structures, about the public interest and the importance of subjective public rights for the right of social security.

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