On Some Features of the Protection of the Social Rights of a Person and Citizen by Constitutional Court of the Russian Federation

Abstract

In the Russian Federation, the principle of the social state is enshrined at the constitutional level. Analysis of the points of view regarding the social state existing in domestic legal science gives grounds to assert that in the legal field it is associated with the formation of the second generation of human rights - social rights, their normative consolidation and the activities of the state to ensure their implementation. The absence among scientists of a unified approach to determining the essence, legal nature, and the possibility of judicial protection of social rights leads to an increase in the role of the Constitutional Court of the Russian Federation in ensuring and realizing social rights. The Constitutional Court of the Russian Federation uses as a basis the provisions on the principle of the social state in conjunction with such constitutional principles, such as equality, justice, protection of human dignity, certainty, humanism, the guarantee of the state of human and civil rights and freedoms. The article analyzes the examples of judicial practice of the constitutional Court of the Russian Federation on the protection of social rights of a person and citizen, as a result of the analysis of judicial acts some principles and features of implementation of constitutional justice in the field of protection of social rights are revealed, the conclusion is formulated on the exclusive role of the Constitutional Court of the Russian Federation in the mechanism of protecting social rights. An assessment of some constitutional amendments concerning the social sphere and powers of the Constitutional Court of the Russian Federation is given.