Social security legal relations in the context of digitalization: to the question of the features of the legal and factual composition

Abstract

The article is devoted to the analysis of novelties in the legal regulation of social security under the influence of digitalization processes. It is substantiated that information technologies and the digital environment have expanded the variety of ways to apply for social security benefits, determined the emergence of non-declarative (proactive) procedures for their appointment, and brought interdepartmental interaction of public law entities to a new level. The author analyzes the measures proposed by the Concept of digital and functional transformation of the social sphere, as well as draft federal laws for their implementation, primarily in the pension system. It is noted that the transition to automatic determination of the grounds for social security and the introduction of proactive procedures increases the guarantee of social security rights of citizens and solves a set of practical problems. At the same time, the novels require a revision of the legal composition and assessment of legal relations on social security as purely declarative. It is emphasized that the procedural proactive legal relationship is based on the presumption of a person's consent to receive social security benefits. Thus, the will of a person de-jure and de-facto is "replaced" by the presumption of the realization of his right to claim for social security.