ATYPICAL SOCIAL RISKS IN SOCIAL SECURITY LAW

Abstract

This article is devoted to the analysis of basic characteristics of atypical social risk.
Firstly, some characteristic features and dynamics of “classical” social risk are considered.
The following characteristic features of social risk are proved: internal (substantial)
– this type of risk is the basis of social security; external (formalization of the risk
in the legislation); characteristic of generality, probability, and predictability. Dynamics
of social risk, which includes consecutive occurrence of risk factor, the basis of appearance
(reasons) of risk, properly social risk is analyzed. Secondly, the research papers on
the theory of the state and the right, constitutional and labor rights devoted to the analysis
of “the atypical” category are investigated. On the basis of the carried-out analysis
the features of atypical social risk on the example of the risk of an orphan disease are
found out. The author considers criteria to refer the disease to the category of a rare disease
(using the example of Russia and France), the main ways of its compensation (provision
of medicines, specialized food). The conclusion is drawn on the fact that the list
of social risks acting as the bases of social security can't be considered once and for all
as a well-established one. Despite the existence of the scientific development, affecting
the definition of concept and characteristics of social risk, this category of right of the
social security needs further research.