Krasnov S.Yu., Trofimov Ya.V. Unwritten Practices as an Obstacle in the Implementation of the Protection of Social Rights of Citizens by the Territorial Bodies of the Prosecutor’s Office of the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2022.2.11
Sergey Yu. Krasnov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, 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/0000-0002-6538-3896
Yaroslav V. Trofimov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, 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/0000-0001-7610-2394
Introduction: in the paper, the authors express their own value judgments about the unwritten practices that have been developed or are only being developed in many state and municipal institutions, which are currently used when considering citizens’ appeals related to the violation of their subjective rights and (or) legitimate interests, the basis for the real application of which, in many cases, is Federal Law of 02.05.2006 No. 59-FZ (ed. 27.12.2018) “On the Procedure for Consideration of Appeals by Citizens of the Russian Federation”. The purpose of the paper is to familiarize the territorial bodies of the Prosecutor’s Office of Russia with some of these unwritten practices, which should be remembered by the territorial bodies of the Prosecutor’s Office of Russia when strengthening the protection of citizens who have applied to them for the protection of their social rights. Methods: the methodological framework for the research is the methods of scientific cognition, and general scientific and specific scientific methods, in particular, such as: dialectical, logical, systemic, structural-functional and formallegal. Results: in the paper, the authors give their own classification of some of these unwritten practices, show their specific content and characteristic features for each of them, allowing to distinguish one practice from another, and most importantly, to prevent the influence and penetration of these practices in the activities of the territorial bodies of the Prosecutor’s Office of Russia or the reliance on them in the form of responses received from these institutions, when working with appeals by citizens for the protection of their social rights, without carrying out a real check of all the facts of violation of their social rights set out in citizens’ appeals by the Prosecutor’s Office of Russia. Conclusions: after a scientific analysis of the material and the generalization of their own value judgments obtained as a result, the authors come to the following conclusions. Firstly, the very possibility of classifying some unwritten practices testifies not only to their real existence, but also to their wide dissemination and application when considering various appeals by citizens related to the violation of their social rights and legitimate interests of certain state or municipal institutions in the order of their administrative subordination. Secondly, the own content and characteristic features of these unwritten practices currently act as serious obstacles to the territorial bodies of the Prosecutor’s Office of Russia and the implementation of direct instructions from the President of the Russian Federation V.V. Putin on strengthening the protection of social rights of citizens. Thirdly, the absence of real measures to eliminate them in the activities of the state and municipal institutions at all levels of administrative subordination will objectively contribute to their even greater spread in various combinations and variants, and most importantly – lead to the widespread effect of these customary legal practices by narrowing the scope of application of the current Russian legislation regulating the social sphere.
Key words: unwritten practices, social rights, legitimate interests, citizens’ appeals, complaints, violation of citizens’ rights, prosecutor’s office authorities.
Citation. Krasnov S.Yu., Trofimov Ya.V. Unwritten Practices as an Obstacle in the Implementation of the Protection of Social Rights of Citizens by the Territorial Bodies of the Prosecutor’s Office of the Russian Federation. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 2, pp. 83-89. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.2.11
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