Institute of voluntary entry into legal relations for compulsory social insurance: in search of a balance between “public” and “private”

Abstract

The article is devoted to the analysis of the legal nature and current state of the institution of voluntary entry into legal relations under compulsory social insurance in case of temporary disability and in connection with maternity, compulsory pension insurance. It is substantiated that this institution of social insurance legislation takes into account the variety of forms of employment and is intended to expand the coverage of the economically active population, to enable individuals to apply for the right to insurance coverage and (or) increase its size. Taking into account the goals of the establishment, the “toolkit” for voluntary entry is considered by the author from the position of an optimal combination of public and private principles of legal regulation, compliance with insurance principles, aimed, among other things, at the formation of a balanced budget for compulsory social insurance of a specific type and the autonomy of its financial system. In the voiced vein, the provisions of Article 4.5 of the Federal Law of December 29, 2006. No. 255-FZ does not contribute to the balance; there is a significant and unjustified redistribution of funds from the insurer’s budget in favor of voluntarily insured persons. The article contains a critical analysis of the proposals of the Ministry of Labor of the Russian Federation on the formation of the so-called “new model of voluntary social insurance”, in fact - an updated and not without shortcomings version of the current norms of the Federal Law of December 29, 2006. No. 255-FZ on voluntary entry into legal relations with the insurer.