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Ushakov A.V. Political and Legal Aspects of the Protection of Constitutional Social Rights of Citizens in Russia

DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.4

Alexey V. Ushakov, Lawyer, Volgograd Interdistrict Bar Association, Chuikova St, 11, 400131 Volgograd, Russian Federation; Associate Professor, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0282-7602


Introduction: the paper analyzes the legal features of the formation of the legal positions of the European Court of Human Rights and the Constitutional Court of the Russian Federation in the field of protection of social rights of citizens in the Russian Federation. As the practice of law enforcement and human rights activities shows, the constitutional social rights of Russian citizens are most often violated. For this purpose, the court rulings issued in the field of protection of social rights by citizens have been studied. Using the methods of scientific cognition, first of all, the system analysis of judicial and regulatory legal acts, the peculiarities of the formation of legal positions of judicial legal instances of the Russian and international level are revealed. Results: the study has revealed the existence of controversial issues in the formulation of legal positions of the interstate human rights body and the Constitutional Court of the Russian Federation. Conclusions: during the formulation of legal positions by the Constitutional Court of the Russian Federation, the principles of protection of social rights of citizens are formulated; however, when making decisions by the European Court of Human Rights, a political aspect is often manifested.

Key words: Constitutional Court of the Russian Federation, protection of rights and freedoms, resolution, Constitution of the Russian Federation, European Court of Human Rights, legal positions.

Citation. Ushakov A.V. Political and Legal Aspects of the Protection of Constitutional Social Rights of Citizens in Russia. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 1, pp. 30-36. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.4

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