scholarly journals Social guarantees in Russia in the context of the concept of Social State

2021 ◽  
Vol 7 (3A) ◽  
pp. 268-274
Author(s):  
Georgyi Nickolaevich Kuleshov ◽  
Al Ali Naser Abdel Raheem ◽  
Alla Andreevna Neznamova ◽  
Mikhail Mikhailovich Turkin

The paper explores the aspects of social policies in the Russian Federation and approaches the problems of social security in the context of Russia's ratification of the Social Security (Minimum Standards) Convention. The importance of social standards in the context of labour and social security is demonstrated with further analysis of applicable Russian laws and principal international statutes establishing the minimum guarantees of social security rights. Conclusions are drawn that the legal framework of social security should be enhanced, taking into account the best practices of foreign countries. Another focus of the analysis concerns the issues of raising social security levels for certain categories of individuals by increasing the value of minimum social standards by means of statutory indexation.

Author(s):  
Oleksandr Kushnirenko ◽  

The article examines current problems related to the consolidation of the status of Ukraine as a social state at the constitutional level. The model of the social state is currently not legally fixed, and the possibility of its definition and construction cause some discontent. The social situation brings to the fore the tasks of overcoming the crisis, rather than creating high standards of protection for people that are typical of social States. Attention is drawn to the need to unify the approach to understanding the term "guarantees of human and civil rights and freedoms", since this state of Affairs negatively affects the creation by the state of a powerful legal mechanism for implementing social guarantees that Ukraine has assumed. It is noted that social standards and guarantees are extremely important for the implementation of state policies to ensure that people are provided with material goods and services, as well as appropriate financial resources. It is argued that a system of legal guarantees, both national and international, is essential for the realization of the human right to social protection. It is clear that the absence of an integrated system of state social standards in Ukraine carries significant risks. The author points out some problems that affect the social security of citizens and the reduction of their social security, as well as the need to create an effective system of social guarantees in a short time. It is emphasized that there are serious problems in the use of state budget funds, which, as a rule, 1 provide social guarantees, the need to attract non-budgetary (non-government) funds.


2020 ◽  
Author(s):  

The collection contains articles, reviews and abstracts that reveal trends in the development of constitutional law and international constitutionalism, constitutional problems of the social state, the constitutional identity and territorial configuration of power in Russia, the values and shortcomings of the Constitution of the Russian Federation in 1993, and the features of constitutional reforms in foreign countries. The issues of the formation the human rights of the new generation and the impact of digital technologies and artificial intelligence on the development of democracy are shown. For researchers, teachers, postgraduates and students.


2019 ◽  
Vol 9 (3) ◽  
pp. 310-319
Author(s):  
O. N. Tuzova ◽  
D. N. Stepanova

The topic of the article is interdisciplinary. The practice of psychological and pedagogical support for children raised in guardianship families shows the need for psychological and legal assistance. The aim is to develop proposals for the organization of a legal and regulatory framework in accordance with the social and psychological needs of guardianship families and to identify the possibilities of the Ombudsman for the Rights of the Child to protect the rights of minors raised in guardianship families. The article identifies the current problems of guardianship families and considers the existing legal framework for the protection of the rights of minors raised in families with a related form of guardianship. One of the main problems of psychological and pedagogical support for children raised in families with a related form of guardianship is the absence of a coordinating center for the organization of cooperation between educational organizations, guardianship bodies, centers for psychological, pedagogical, medical, and social assistance. The Ombudsman for the Rights of the Child may be the focal point. It is also proposed to establish, based on the offices of the Ombudsmen for the Rights of the Child, centers for the support of guardianship families in the constituent entities of the Russian Federation, to which both guardians and children can apply. These measures are aimed at preventing secondary orphans.


2013 ◽  
pp. 91-120
Author(s):  
Edoardo Bressan

In Italy, from the 1930s until the end of the century, the relationship between the Catholic world and the development of the Social state becomes a very relevant theme. Social thought and Catholic historiography issues witness a European civilisation crisis, by highlighting problems of poverty and historical forms of assistance. Furthermore, by following the 1931 Pope Pius XI encyclical Quadragesimo anno these issues interacted with fascist corporativism. After 1945, other key experiences arose, as the discussion on social security as the conclusion of the whole public assistance debate shown. These themes are reported in the Bologna social week works in 1949 and in Fanfani's and La Pira's positions, which present several correspondences with British and French worlds, such as Christian socialism, Reinhold Niebuhr's thought and Maritain's remarks. The 1948 Republican Constitution adopts the Welfare State model assumptions, and it is in those very years that the problem of a system based on a universal outlook arose. Afterwards, governments of coalition led by centre and left-wing parties fostered social security through welfare and health reforms until the '80s. While this model falls into crisis, and new social actors begin to be involved in a context of subsidiarity.


Author(s):  
Alla Berezhna ◽  
Olena Filonych

It is considered essential features of social obligations of the State in the system connection with constitutional rights and guarantees of citizens. It is also considered the sources and directions for the use of public financial resources, taking into account the particularities of the manifestation of budgetary relations. This paper confirmed the existence of a political component in the actions of the participants of the budgeting process by artificial restrictions on social standards due to the limited financial resources of the State. The authors formed important proposals for actual, rather than declarative socially oriented budget.


Author(s):  
А.Ю. Гусев

В статье с приведением примеров из судебной практики доказывается тезис о том, что квалифицированная юридическая помощь является гарантией эффективной судебной защиты в области социального обеспечения граждан. Предложено авторское определение понятия «квалифицированная юридическая помощь», приводятся аргументы в пользу повышения финансовой заинтересованности адвокатов при оказании бесплатной юридической помощи, предлагаются пути оптимизации социально-обеспечительного законодательства РФ. The article with examples from judicial practice proves the thesis that qualified legal assistance is a guarantee of effective judicial protection in the field of social security of citizens. The author's definition of "qualified legal assistance" is proposed, arguments are made in favor of increasing the financial interest of lawyers in providing free legal assistance, and ways to optimize the social security legislation of the Russian Federation are suggested.


Author(s):  
Daria Popova

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.


Author(s):  
Alexander Fedyunin

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.


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