Ushakov A.V. Constitutional and Legal Aspects of the Legal Regulation Regarding the Realization and Protection of the Social Rights of Orphans and Legally Free Children
DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.4
Alexey V. Ushakov, Lawyer, Volgograd Interdistrict Bar Association, Barricadnaya St, 24/30, 400074 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 constitutional and legal features of the statutory regulation at the federal and regional levels in the field of protection of the 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 with the status of orphans and legally free children are most often violated. Purpose: to this end, the court rulings in the field of protection of the social rights are studied. Using the methods of scientific cognition, primarily the system analysis of judicial and regulatory legal acts, the features of forming the legal positions of the judicial authorities of the Russian federal and regional levels are revealed. Results: the study has revealed the existence of controversial issues of the statutory regulation. Conclusions: in the course of implementing the statutory regulation in the field of the realization of the social rights of citizens of this category, the federal and regional legislators formulate the legal norms that contradict the Constitution of the Russian Federation, which can be eliminated by recourse to the Constitutional Court of the Russian Federation or by amending the law.
Key words: Constitutional Court of the Russian Federation, protection of rights and freedoms, orphans and legally free children, Constitution of the Russian Federation.
Citation. Ushakov A.V. Constitutional and Legal Aspects of the Legal Regulation Regarding the Realization and Protection of the Social Rights of Orphans and Legally Free Children. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 4, pp. 33-37. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.4
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