Legal nature of the motivational function of social welfare law

Abstract

The motivational function has essential features that distinguish it from other functions of law. It allows us to reveal such essential properties of social security law that do not manifest themselves when studying other functions. Taking as a basis the mechanism of motivational influence, including the laws of motivation, the structure of motives and their classification, the paper examines the issues of motivational influence that are important for the law of social security. The study revealed that pensions, benefits, and other types of social security have motivational significance not so much for social security legal relations as for labor legal relations. This confirms that social security and, first of all, pension rights are formed not in social security legal relations, but in labor, service or business legal relations. But these rights (the right to a pension, the right to benefits) are certain motivators for persons engaged in labor activity. In other words, motives that have a legal nature and are formed on the basis of the norms of social security legislation, encourage the subjects of labor relations to more productive work. Attention is also drawn to the shortcomings of the system of motives, it is shown that in certain cases it is more correct for the state to provide additional pension benefits, thereby assessing the previous work activity of citizens and establishing additional motives for those persons who have not yet retired.

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