Abstract
<jats:p>The article is devoted to the problems of application of the rules on unjust enrichment in the sphere of social security. The author examines the history of the normative consolidation of the category “counting error” and, based on judicial practice, analyzes its content in the context of the application of subparagraph 3 of Article 1109 of the Civil Code of the Russian Federation as the basis for the return of excess amounts of pensions and benefits by a citizen. The absence of a legal definition of a counting error gives rise to difficulties in the qualification of errors (counting, legal, technical, etc.) made by the obligated subject at the stage of assignment and payment of social security benefits. It is noted that despite the widespread use of software for calculating payments, judicial practice gives priority to understanding a counting error as an arithmetic error. But it is possible, although unacceptable, to have a broad understanding of the analyzed concept, classifying various kinds of failures in the operation of automated systems as counting errors. The article substantiates that legal regulation of issues of return of unjustifiably paid amounts of social security should be carried out by industry legislation taking into account the specifics of legal relations. In this case, the collection of excess should be limited to a single basis - abuse on the part of the citizen, which suggests the illegality and guilt of his behavior.</jats:p>