Development of the idea of a social state and innovations of Article 75.1 of the Russian Federation Constitution

About the author:

Galina S. Skachkova, Dr. Sci. (Jur.), Professor, Professor of the Department of Civil Law and Process, Law Institute (Saint Petersburg); gskachkova@mail.ru; ORCID: 0000-0003-2550-1269

Abstract:

A new socially oriented article appeared in the Russian Federation Constitution — Art. 75.1. This article is designed to strengthen mutual trust between the state and society, ensure a balance of rights and obligations of a citizen, the implementation of the social partnership principles, and create the necessary conditions for economic, political and social solidarity.

This work is devoted to the formulation of these questions. It shows how conditions are created in Russia for the implementation of the Fourth Industrial Revolution principles to create new models of labor and employment, digitalize all aspects of Russian society life, which have a significant impact on economic growth and improving the well-being of citizens. Russia has enormous potential for achieving the goals set in the country’s socio-economic development and solving problems in achieving sustainable economic growth, which must be successfully implemented. This should inevitably lead to an increase in the standard of living of the majority of citizens, to raise the prestige of a working person by creating conditions for decent work, and the implementation of constitutional guarantees in the sphere of social and labor relations.

The latest constitutional innovations are just beginning to undergo scientific comprehension. Their doctrinal interpretation and identification of axiological potential can make a significant contribution to the definition of modern legal principles of constitutional, administrative, labor and many other branches of Russian law. This is the main goal of the proposed research based on an interdisciplinary approach and traditional methods of legal phenomena cognition.

The author in the proposed work consistently substantiates the conclusions about the consistency of the new norms introduced into the Constitution with a number of principles previously enshrined in it, as well as their timeliness from the point of view of modern changes in the content of social relations in the world of work.

References:

1. Zaitseva L. V., Abakumova O. A. 2021. “Virtual mobility and cross-border distance work: the current reality and legal uncertainty”. Tomsk State University Herald, no. 464, pp. 239-250. [In Russian]

2. Zaitseva L. V., Alieva O. V. 2021. “Constitutional innovations and social values of the state in the context of the development of precarious employment”. Tyumen State University Herald. Socio-economic and legal research, vol. 7, no. 1 (25), pp. 78-94. [In Russian]

3. Constitutional Court of the Russian Federation Herald. 2020. Conclusion of the Constitutional Court of the Russian Federation of 16 March 2020 No. 1-З “On the compliance with the provisions of Chapters 1, 2 and 9 of the Russian Federation Constitution of the provisions of the Law of the Russian Federation on the amendment to the Russian Federation Constitution”, “On improving regulation of certain issues of organization and functioning public authority”, as well as “On the compliance with the Constitution of the Russian Federation of the procedure for the entry into force of Article 1 of this Law in connection with the request of the President of the Russian Federation”. No. 2. [In Russian]

4. Kursova O. A. 2021. “Methods of legal regulation of non-traditional employment: ILO guidelines and experience of foreign countries”. Tyumen State University Herald. Socio-economic and legal research, vol. 7, no. 2 (26), pp. 106-121. [In Russian]

5. Constitutional Court of the Russian Federation Herald. 2008. Determination of the Constitutional Court of the Russian Federation dated 15 January 2008 No. 201-О-П. No. 4. [In Russian]

6. Constitutional Court of the Russian Federation Herald. 2005. Determination of the Constitutional Court of the Russian Federation dated 4 November 2004 No. 343-O. No. 2. [In Russian]

7. Constitutional Court of the Russian Federation Herald. 2002. Resolution of the Constitutional Court of the Russian Federation of 24 January 2002 No. 3-P. No. 3. [In Russian]

8. Ragimova S. Digital Industry 4.0. Accessed on 12 May 2021. https://www.forbes.ru/brandvoice/sap/345779-chetyre-nol-v-nashu-polzu [In Russian]

9. Russian newspaper. 2020. 16 January. [In Russian]

10. Skachkova G. S. 2020. “Types and forms of employment (Chapter 4. Employment: intersectoral and labor law aspects)”. Formation and development of branches of law in the historical and modern legal reality of Russia. In 12 volumes. Vol. 3. Labor law of Russia: monograph. Edited by A. M. Lushnikova and R. L. Khachaturova. Moscow: Urlitinform. [In Russian]

11. Collection of legislation of the Russian Federation. 2020. No. 11. Art. 1416. [In Russian]

12. Zaitseva L. V., Gladun E. F. (ed.). 2017. Social responsibility of business in the BRICS countries: monograph. Tyumen: FGAOU VO Tyumen State University Publishing House. 300 p. [In Russian]

13. Collected Legislation of the Russian Federation. 2016. Decree of the President of the Russian Federation of 31 December 2015 No. 683 “On the National Security Strategy”. No. 1 (part 2). Article 212. [In Russian]

14. Filipova I. A. 2020. “Labor law: challenges of the information society”. Law. Journal of the Higher School of Economics, no. 2, pp. 162-182. [In Russian]

15. Bowen H. R. 1953. Social Responsibilities of the Businessman. New York: Harper and Row. 276 р.

16. Gomes E. 2017. “Corporate Social Responsibility Through the Global Compact: Between Business and Society”. BRICS Law Journal, no. 4 (4), pp. 93-115.