XIV Международная студенческая научная конференция Студенческий научный форум - 2022

The Russian Federation is a social state in which the social rights of a person and a citizen are placed on the same level as personal ones, which guarantee and determine the standard of living of each person.

The decree of the President of the Russian Federation Vladimir Vladimirovich Putin "On national goals and strategic objectives of the development of the Russian Federation for the period up to 2024" is aimed at improving the standard of living of the population.

Thus, the development of social rights becomes a priority goal for the State.

The purpose of writing this work is to carry out a comprehensive analysis of social rights and their constitutional guarantees, as well as to identify the problem of the lack of systematization of normative legal acts regulating the social sphere.

To achieve this goal, the objectives of the study were defined:

1. Give the concept of a social state

2. To study the concept and types of constitutional social rights and guarantees

3. Analyze the legislation of the Russian Federation, as well as its subjects in the field of social security and identify problems of systematization.

For the first time the concept of the "social state" was reflected in the works of the German scientist Lorenz von Stein in the middle of the XIX century.

"The only guarantor of humanism, equality and social justice should be a social state that exalts itself over the interests of society and other institutions of law, thus determining people's right to work, as well as the right to life," the scientist believed.

Based on the opinion of modern legal scholars, we can say that a social state is a state that is actively engaged in resolving issues arising in the economic, social and other sectors in order to achieve the highest level of social protection of its citizens.

For quite a long time, universal ideas and values about justice, freedom and inalienable human rights, including social ones, have been formed in society. On the basis of the works of scientists analyzed by us, Valentina Ivanovna Bystrenko, Artem Aleksandrovich Kirichenko, Evgeny Viktorovich Kolesnikov, the following definition of social rights can be given: "Social rights are normative rights, on the part of which the state provides every citizen with equal opportunities and a minimum of conditions to meet vital material and spiritual needs, and also contributes to the free existence and development of every person and citizen."

The basic social rights of citizens presented on the slide are enshrined in the Constitution of the Russian Federation.

The realization of social rights is also reflected in other normative legal acts:

Housing and Family Codes of the Russian Federation.

Federal laws:

1) "On social protection of disabled persons in the Russian Federation" dated 24.11.1995 N 181-FZ;

2) "On the basics of protecting the health of citizens in the Russian Federation" dated 21.11.2011 N 323-FZ;

3) "On additional measures of state support for families with children" dated 29.12.2006 N 256-FZ, etc.

Constitutional guarantees of social rights are procedural in nature, therefore, by exercising their rights and obligations, a citizen protects their fundamental rights, they are enshrined in the second chapter of the Basic Law of the Russian State.

The enshrined guarantees of human rights have value only if they are implemented in real life and have a real effect.

One of the main problems of modern constitutionalism is that the regulation of the relationship between the state and the individual needs to be improved. Every citizen should know his rights and freedoms in order to be able to use them correctly without violating the rights and freedoms of another person.

According to the Constitution of the Russian Federation, the State, represented by the President of the Russian Federation, acts as a guarantor of the constitutional rights and freedoms of man and citizen.

It should be noted that constitutional guarantees of social rights act as a means of ensuring the realization of social rights of citizens and are part of the social policy of the state and part of the system of realization of social rights of citizens.

The activities of state bodies are aimed at the full realization and comprehensive protection of the rights and freedoms of citizens, to protect them from violations.

Constitutional guarantees can be divided into 5 groups:

1. Political, which involve the implementation of public policies that will contribute to political stability, the achievement of civil harmony and the development of democracy.

2. Economic (material) reflect the establishment of standards of economic security of rights, freedoms and duties for each citizen.

3. Social guarantees are related to the consolidation in Article 7 of the Constitution of the Russian Federation of the provision that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free human development.

4. Organizational is the activity of state bodies, which is to ensure and protect the rights and freedoms of citizens. This activity must meet two conditions: be legitimate and come from the competent state authorities.

5. Legal guarantees are a procedure for the exercise of relevant rights and freedoms, the establishment of a certain responsibility of citizens for the abuse of rights and freedoms, for their violation.

Since the beginning of the reforms in Russia, the social sphere has not undergone any significant changes, but adjustments are constantly being made to the current legislation. Meanwhile, it is here that a lot of problems have accumulated.

A significant problem in our opinion is that citizens do not always manage to get acquainted with the current legislation regulating the social sphere, since amendments are constantly being made to the laws, which can often be read only on a commercial basis, through specialized databases. In turn, the above makes it very difficult for citizens to understand their social rights, as well as the standards they can receive.

During the existence and development of the legal field of social support, the principles and approaches to social protection have changed. Currently, there is a need to systematize the existing legislation.

In 2003, discussions began on the development of the first Social Code. The Interregional Association "Siberian Agreement" for the first time prepared a bill of the Social Code. But the State Duma in 2004, having considered the draft Federal Law No. 14652-4 "On the enactment of the Social Code of the Russian Federation", due to non-compliance with the requirements of the Constitution, specifically Article 104 of the Basic Law of the State and Article 105 of the Regulations of the State Duma, according to which bills providing for expenses covered from the federal budget can be introduced only if there is a conclusion of the Government of Russia, recommended returning the project to the developer. Since then, at the federal level, the question of the introduction of the Social Code of the Russian Federation remains open.

In accordance with the Constitution of the Russian Federation, social security is jointly administered by the Russian Federation and the subjects of the Russian Federation. Consequently, it can be concluded that social security is regulated not only by federal regulatory legal acts, but also by acts of the subjects of Russia.

Currently accepted and valid:

1. Social Code of the Belgorod region ;

2. The Omsk Region Code on Social Protection of Certain Categories of Citizens ;

3. Social Code of the Yaroslavl region ;

4. Social Code of the Leningrad Region ;

5. Social Code of the Volgograd region ;

6. The Social Code of St. Petersburg.

But it is worth paying attention to the fact that despite the active introduction of regional social codes, they lack a single conceptual apparatus and a single structure, which indicates the need for revision.

The experience of the constituent entities of the Russian Federation in implementing laws that have enshrined all social rights in the Social Code demonstrates to us the acute problem facing our state right now. It consists in the diversity of normative legal acts, which has reached such a critical level that the adoption of a single normative legal act has become an essential condition for the further development of legal support for the social sphere.

The Social Code of the Russian Federation, based on the draft already developed in 2004, should be based on such principles as: the principle of priority, the principle of universality, the principle of accessibility and other principles that are reflected in the Explanatory Note of the Federal Assembly – the Parliament of the Russian Federation.

The Social Code of the Russian Federation, in our opinion, should reflect the main provisions that will subsequently be disclosed in the Social Codes of the subjects of our state. For example, the Social Code of a country may contain general provisions to reflect the concepts that will be used in related laws, information about federal assistance programs. It is also necessary to fix the terms of social assistance and the conditions for its implementation, and of course reflect the categories of persons who will be guaranteed a certain type of assistance offered by the state.

In turn, the laws of the subjects, they must disclose its main provisions, in relation to social assistance provided in a particular subject.

Thus, the Social Code of the Russian Federation should streamline the rule-making process.

Summing up, it is worth saying that universal ideas and values about freedom, justice, as well as inalienable social human rights have been formed for a long time.

The Russian Federation, being a legal and social state, must guarantee a minimum standard of living for every member of society in order to achieve a high level of social protection for citizens with different social statuses.

Earlier, I prepared and published an article "Participation of the prosecutor in civil proceedings", which, in particular, examines the issue of participation of the prosecutor's office in the protection of social rights and freedoms of citizens. Only an employee of the prosecutor's office has the right to apply to the court in order to protect the interests of a citizen, when, for example, the latter, due to his physical abilities, cannot exercise his right himself. Or, such an appeal is carried out by the prosecutor on the basis of a citizen's application submitted directly to the relevant prosecutor's office, in order for the citizen to protect his inalienable social rights guaranteed by the state. Since the role of a prosecutor's office employee in civil proceedings is to ensure compliance with the Constitution of the Russian Federation and other laws in force on the territory of our country, we believe that the systematization of social legislation could contribute to the uniformity of application by prosecutors of the norms of social legislation enshrined at the federal level, taking into account the peculiarities of the subjects of the Russian Federation.

Based on the above, it can be concluded that the issue of systematization of normative legal acts regulating the social sphere in a single codified law is one of the most urgent for modern society, without whose permission it is impossible to further develop the country as a rule of law state.

Bibliographic list:

1) The Constitution of the Russian Federation (subject to amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008, No. 7-FKZ of December 30, 2008, No. 2-FKZ of February 5, 2014, No. 11-FKZ of July 21, 2014, on March 14, 2020). // Collection of legislation of the Russian Federation. - 2020. - No. 237. - Article 7.

2) On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024: Decree of the President of the Russian Federation. Federation of May 7, 2018 N 204 [ed. dated 21.07.2020] // Collection of legislation of the Russian Federation. - 2018. - N 20. - St. 2817.

3) The Social Code of the Belgorod region: The Law of the Belgorod region No. 165: adopted by the Belgorod Regional Duma on 09.12.2004 // "Belgorod News". - 2004. - No. 226-227.

4) The Social Code of the Volgograd Region: The Law of the Volgograd Region No. 246-OD: adopted by the Volgograd Regional Duma on December 23, 2015 // "Volgogradskaya Pravda". — 2016. — №6.

5) the Social code of the Leningrad region: the Regional law of the Leningrad region No. 72-oz: adopted by the Legislative Assembly of the Leningrad region 25.10.2017 // "Official Internet portal of legal information http://www.pravo.gov.ru". — 2017.

6) the Code of Omsk region on the social protection of certain categories of citizens: the Law of Omsk region No. 1061-OZ: adopted by Resolution of the Legislative Assembly of Omsk oblast 19.06.2008 // "Bulletin of Omsk". — 2008. — № 73.

7) The Social Code of St. Petersburg: The Law of St. Petersburg No. 728-132: adopted by the Legislative Assembly of St. Petersburg on 09.11.2011 // "Newsletter of the Administration of St. Petersburg". — 2011. — №46.

8) The Social Code of the Yaroslavl region: The Law of the Yaroslavl region No. 65-z: adopted by the Yaroslavl Regional Duma on 16.12.2008 // "Gubernskie vesti". - 2008. - No. 116.

9) Bystrenko V.I. Russia as a social state: myth or reality? / V.I. Bystrenko // Ideas and Ideals. - 2018. - No. 4 (38). - pp. 26-49.

10) Kirichenko A.A. Concept, system, legal nature and mechanisms of realization of social and economic human (citizen) rights in the Russian Federation / A.A. Kirichenko // North Caucasian Legal Bulletin. - 2016. - No1. - pp. 76-83.

11) Kolesnikov E.V. The formation of a social state in the Russian Federation: the problem of the development of social and economic rights of man and citizen / E.V. Kolesnikov, I.N. Plotnikova, U.A. Starshova // Bulletin of the Moscow State Regional University. - 2018. - No. 4. - pp. 91-113.

12) Tyurina, K.A. Participation of the prosecutor in the civil process / K. A. Tyurina // Innovations. The science. Education. - 2021. - pp. 447-452

13) The State Duma of the Russian Federation : official website. - Moscow. — URL: http://asozd2.duma.gov.ru/

Код для цитирования: Скопировать