CONSTITUTIONAL PROBLEM OF THE WELFARE STATE

2020 ◽  
pp. 61-73
Author(s):  
Evgeniy Kolyushin
Keyword(s):  
Private Property ◽  
Social Dimension ◽  
Economic Activities ◽  
Right To Education ◽  
Economic Rights ◽  
Russian State ◽  
The Social ◽  
The Russian Federation ◽  
The Right ◽  
Legal Understanding

The article deals with the constitutional and legal characteristics of the Russian state, the concept and concepts of the social state, the content and range of basic socio-economic rights enshrined in the Constitution of the Russian Federation, the constitutional and legal understanding of the right to private property, the right to business and other economic activities not prohibited by law, the right to work, the right to education, the right to housing, etc., as well as the problem of increasing the social dimension of modern constitutional law.

scholarly journals Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights

2019 ◽  
pp. 66-72
Author(s):  
E. M. Yakimova
Keyword(s):  
Civil Rights ◽  
Entrepreneurial Activity ◽  
Constitutional Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
Component Structure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right

Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law is considered in this article as a basic, but not the only right in the sphere of entrepreneurial activity. A special feature of the implementation of the right under consideration is its special range of holders of the right in question. It is concluded that the construction of Article 34 of the Constitution of the Russian Federation has a two-component structure (denotes two types of activity: entrepreneurial and other economic activities). Such a design determines the definition of the range of holders of the right under consideration: the range of holders of the right depends on whether the issue involves only entrepreneurial or any other economic activities.

scholarly journals Protection of Socio-Economic Rights by the Constitutional Court of the Russian Federation

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Svetlana Karamysheva
Keyword(s):  
Russian Federation ◽  
Private Property ◽  
Free Market ◽  
Transition Process ◽  
Case Law ◽  
Constitutional Court ◽  
Economic Rights ◽  
Social Responsibilities ◽  
The Russian Federation ◽  
The Right

The article studies practice of the Constitutional Court of the Russian Federation in the field of socio-economic rights. The statistical data analysed illustrates the ever-present socio-economic theme among constitutional complaints lodged with the Constitutional Court, with the lowering of overall proportion of such complaints and increasing of the number of such complaints related to defence of property. Such statistics appear to be consistent with the Court’s role in the ongoing transition from Soviet-style planned economy to free market, which implies a substantial shift of obligations connected with property management and social responsibilities from the State to citizens themselves. It follows from the Constitutional Court practice and doctrine that such shift should be done delicately, giving the citizens sufficient period of time to adapt to the changes. In the article, the author focuses on the following categories of complaints considered by the Constitutional Court of the Russian Federation: protection of the right to private property and protection of the right to pension provision. The author observes that the delicate balance that needs to be preserved when dealing with the cases of this type and the slow-pace nature of the transition process often results in criticism towards the Court, notwithstanding the rationale of its decisions. It follows that such criticism is somewhat natural; what matters is the Court’s understanding of its mission in the socio-economic field, and maintaining balanced and well-reasoned approach in development of its case-law.

Respect for the social and economic rights of citizens as an imperative to reduce poverty in the Khabarovsk territory

2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
The State ◽  
Economic Rights ◽  
Priority Area ◽  
Regional State ◽  
The Social ◽  
The Russian Federation ◽  
A Priority ◽  
Social And Economic Rights

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.

scholarly journals NARRATIVAS SOBRE O DIREITO À EDUCAÇÃO EM DISPUTA: luzes antropológicas para compreender as mobilizações juvenis

2019 ◽  
Vol 23 (2) ◽  
pp. 586
Author(s):  
Valdeci Reis
Keyword(s):  
Buenos Aires ◽  
Educational Institutions ◽  
Review Of The Literature ◽  
Right To Education ◽  
National Education ◽  
The Social ◽  
De Se ◽  
Ethnographic Data ◽  
The Right ◽  
The City

Estudo etnográfico, com revisão de literatura sobre a construção social do conceito juventude, tem como objetivo relatar e analisar narrativas juvenis em torno do direito à educação. A análise empírica seleciona duas ondas de mobilizações protagonizadas por jovens estudantes: Atos em defesa das Universidades e Institutos Federais ocorridos na cidade de Florianópolis-SC; Na capital da Argentina, Buenos Aires, a narrativa etnográfica se debruça na análise de mobilizações protagonizadas por jovens portenhos que tomaram as ruas exigindo a manutenção da Ley Nacional de Educación, além de se posicionarem radicalmente contra as medidas de austeridade anunciadas pelo Governo Maurício Macri. A análise dos dados etnográficos aponta que a pauta em defesa da educação é capaz de unir coletivos e organizações dos mais variados espectros ideológicos.Palavras-chave: Juventude. Neoliberalismo. Participação social. Etnografia. América Latina.NARRATIVES ON THE RIGHT TO EDUCATION IN DISPUTE: anthropological lights to understand youth mobilizationsAbstractEthnographic study, with a review of the literature on the social construction of the concept of youth, in order to report and analyze youth narratives around the right to education.The empirical analysis selected two waves of mobilizations carried out by young students: Acts in defense of public educational institutions occurred in the city of Florianópolis-SC, Brazil;In the capital of Argentina, Buenos Aires, the ethnographic narrative focused on the analysis of mobilizations carried out by young people who went to the streets demanding the maintenance of the “National Education Law”, as well as to stand radicallyagainst the austerity measures announced by the MaurícioMacri Government. The analysis of the ethnographic data indicates that the agenda in defense of education is capable of uniting collectives and organizations affiliated to the mostdiverse ideological currents.Keywords: Youth. Neoliberalism. Social participation. Ethnography. Latin America.

The Contemporary Reception of St Thomas on Law and Politics

2021 ◽  
pp. 611-625
Author(s):  
Michael Pakaluk
Keyword(s):  
Private Property ◽  
Political Liberalism ◽  
Political Society ◽  
Human Beings ◽  
Social Nature ◽  
Law And Politics ◽  
The Social ◽  
The Family ◽  
The Right

The reception of Thomistic political and legal philosophy is considered with respect to what is called ‘political liberalism’. The appeal to a hypothetical state of nature should be rejected, as it misconstrues the social nature of human beings. Aquinas’ account of the origin of political society starts from an interpretation of human nature. On this basis one can account for human rights, the importance of the right to religious liberty, the family as the basic cell of society, civil society as including subsidiary authorities, the importance of private property, and the nature and role of freedom. A key question for the continued flourishing of a free society is what practically enables persons to govern for the genuine good of others.

scholarly journals The Phenomenon of Company Towns: Specific Features of Their Genesis and Development

2020 ◽  
Vol 7 (2) ◽  
pp. 118-123
Author(s):  
Maxim A. Ulyanychev
Keyword(s):  
Soviet Union ◽  
Economic Activities ◽  
Social Functions ◽  
Distinctive Features ◽  
Company Towns ◽  
Industrial Enterprises ◽  
The Soviet Union ◽  
The Social ◽  
Single Industry ◽  
The Russian Federation

The article analyzes the social phenomenon of single-industry towns (company towns), their role in the modern market economy, their genesis in Russia and other countries. The author observes historical stages of development of single-industry towns in Russia, as well as the features of their occurrence in the Soviet Union in connection with city-forming enterprises, which in addition to economic activities performed social functions. The characteristics of the development of single-industry towns in Europe, North America and are being compared. Distinctive features of the industrial enterprises of the cities formed in the Soviet Union are allocated. The article analyzes the problems of functioning and development of single-industry towns, examines foreign and domestic strategies for the rehabilitation of single-industry municipalities, including current measures to support such towns in the Russian Federation.

scholarly journals The 2020 Constitutional Reform in the Russian Federation as a Way to Strengthen the Nation

2021 ◽  
Vol 1 ◽  
pp. 3-6
Author(s):  
Sergey N. Baburin ◽  
Keyword(s):  
Russian Federation ◽  
Social Economic ◽  
Moral Values ◽  
Constitutional Reform ◽  
Russian Society ◽  
Ethnic Communities ◽  
Russian State ◽  
The Social ◽  
Russian Constitution ◽  
The Russian Federation

The article considers the positive changes of the Russian Constitution, implemented during the constitutional reform of 2020, justified the relevance and significance of the constitutional reform of 2020, which for the Russian Federation is an important step towards strengthening the nation as a multinational people of Russia, its unity. The return to the text of the constitution of traditional spiritual and moral values of Russian society, filling with real content of the social character of the modern Russian state is made with the understanding that the nation in Russia is a civilizational union of many peoples. The consolidation of the multi-ethnic people of Russia is considered in the spiritual, moral, social, economic, political and civilizational levels, when the consolidation of cultural unity of modern Russia is carried out at the same time protecting the identity of all peoples and ethnic communities of the Russian Federation. It is concluded that the constitutional reform of 2020 has not removed from the agenda the question of the need for a new Constitution of Russia.

scholarly journals Indication of Nationality in the Passport of a Citizen of the Russian Federation as a Form of Implementation of the Right to Nationality

2020 ◽  
Vol 15 (1) ◽  
pp. 46-53
Author(s):  
N. A. Zaynitdinov
Keyword(s):  
Russian Federation ◽  
Native Speakers ◽  
Constitutional Court ◽  
Foreign Countries ◽  
Russian State ◽  
Different Types ◽  
The Russian Federation ◽  
State Of Affairs ◽  
The Right

Constitutionalists in Russia have disagreed on the possibility of specifying nationality of a citizen in the passport. It is believed that at present the indication of nationality in the passport is not made, but it turns out that this is not the case. Implicit declaration of nationality with the help of a special insert is possible for citizens living in the republics and for native speakers of non-Russian state languages of republics. This state of affairs creates inequality for residents of different types of constituent entities of the Russian Federation and for citizens of different nationalities. Nationality of Russians as a national majority is not expressed in the Russian Federation through the statehood itself and through the institution of citizenship as it is done in foreign countries where nationality is not indicated in the passport. The author substantiates an erroneous stance of the Constitutional Court of the Russian Federation on inadmissibility of specifying nationality of a citizen in his or her passport. It is concluded that it is desirable to restore indication of nationality in the passport for all citizens with the aim of the fullest implementation of the right to nationality in the context of the Russian Federation.

scholarly journals Financial Situation of Soviet Citizens in the Mirror of Public Opinion of 1960-1980s (according to Letters to the Central Authorities and the Media)

2020 ◽  
pp. 402-422
Author(s):  
A. S. Stoletova
Keyword(s):  
Social Stratification ◽  
Private Property ◽  
Well Being ◽  
Soviet Society ◽  
Leadership Positions ◽  
The Public ◽  
Russian State ◽  
The Media ◽  
The 1960S ◽  
The Right

Based on the archival sources first introduced into the scientific community, the article highlights the question of the material well-being of Soviet citizens in estimates of the mass consciousness of the 1960s and 1980s. Within the framework of the problems, the well-being of citizens, which are the drivers of the socio-economic development of the state, are considered. In addition, the mental side of the processes is affected. The question is raised of social stratification, the beginning of the formation of a new structure of society as the realities of the second half of the 20th century. It is noted that in the public environment, vigilant monitoring of the excessive enrichment of persons in leadership positions was conducted. Based on the analysis of the material database of the Russian State Archive of Recent History, the author concludes that the trend of the time was the increase in the number of illegal acquisitions in three areas: housing, motor transport, personal household plots. A problem related to modernization processes in the spiritual sphere of life in Soviet society is raised. It is shown that there were changes in the behavioral stereotypes of social classes in the development of the right to use socialist property in this area, in relation to things and the desire for a comfortable life in society. It is concluded that the global consequence of these phenomena is the affirmation of private property morality.

Sign in / Sign up

Export Citation Format

Share Document