Elena G. Azarova
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, email@example.com
Abstract. The Constitution of the Russian Federation (preamble) says that the Russian people accept it, “revering the memory of ancestors who have conveyed to us the belief in the good and justice”. When updating the text of the Constitution, the requirement of justice was presented to the pension system, which is formed on the basis of the principles of universality, justice and solidarity between generations. In connection with the constitutional novel, the question arises of both understanding the principle of justice in relation to the pension rights of citizens, and the possibility of its attribution to other rights in the field of social security.
The purpose of the article is to investigate the legal concept of the principle of justice, its refraction in the legislation on social security, to substantiate the relationship of this principle with the regulation on the policy of the Russian Federation as a welfare state. The purpose of the article is to show that many problems of social security have not yet been solved, including from the standpoint of justice.
Research methods: systematic, comparative-legal, historical-legal, formal-legal.
Conclusions. In the event of social risks, every person has the right to predict on fair and decent social security, equal in the same position with other people and differentiated depending on his personal contribution to the development of society and the demographic development of the country. This contribution should be determined not only by inclusion in the compulsory social insurance system. Such a contribution is also the upbringing of young children, the care and supervision of them, as well as the care and supervision of disabled and elderly family members in need. A number of persons, due to their age (children), state of health or physiology (disabled people, pregnant women, nursing mothers), have the right to claim fair and decent social security even in the absence of their previous contribution to the development of society. The level of social security should correspond to the needs of vulnerable categories of citizens and meet objectively established standards.
Keywords: targeting, decent life, constitutional requirements, inequality, need, pension system, welfare state, social justice, social security, the principle of justice, living wage, vulnerable categories of citizens
For citation. Azarova E. G. The Right of Citizens to Fair Social Security. Journal of Russian Law, 2022, vol. 26, no. 8, pp. 77—92. (In Russ.) DOI: 10.12737/jrl.2022.085