Legal personality of a child in the field of social security

Abstract

The article reveals the legal status of the child in the social security system. It is substantiated that his right to protection from social risks can be realized directly and then the child is a subject of social security legal relations, but more often indirectly, through the provision of benefits to the family, one of the parents (adoptive parent, guardian, trustee, etc.). Regarding the status of the child as a recipient of benefits, the provisions of the doctrine of social security law on the general and special legal personality of individuals and its elements are analyzed. Constitutional guarantees of everyone's right to social security determine the emergence of general legal capacity from birth, legal capacity - as a rule, upon reaching adulthood. Special legal personality is conditioned by the onset of life circumstances that entail a situation of social risk (loss of a breadwinner, disability, etc.), and therefore can arise simultaneously and significantly earlier than 18 years of age. According to the author, for material legal relations regarding social security, dividing a person’s special legal personality into components is not legally significant. This is due to the position of the child as an authorized party to such legal relations, as well as the specificity of benefits provided in kind, when their use through a representative is excluded. It is proved that the most productive distinction between special legal and legal capacity is carried out in the context of procedural legal relations, where the rigidity of the normative regulation of the order of participation of the child’s parents and other legal representatives can be traced.