CONSTITUTIONAL RIGHT TO SOCIAL SECURITY: CONCEPT AND CONTENTS
The article considers the debatable question of possibility of relating the concept the right to social security to the category of constitutional one, establishes its contents, gives its definition.The author believes that for ensuring worthy level of social payments and a certain level of safety and comfort in the life of the Russian citizens the state has to have a sufficient financial base. Its creation needs a legal mediating by means of the budgetary legislation, but not the legislation on social security in any way. At the same time there is not directly said about means which are intended for realization of the social rights of citizens in the Constitution of the Russian Federation. And most likely, the author finds it possible to speak about the action program for the state which has to find these means in the budget of the country or create them any different way to guarantee realization not only the rights for social security, but also all other proclaimed social rights. The author considers that the situation guaranteeing the right for a worthy standard of living and social security contains in Art. 7, but not in Art. 39 of the Constitution of the Russian Federation. This is Art. 7 that states about the Russian Federation as the social state which policy is directed on creation of the conditions providing worthy life and free development of the person. The analysis of the theory of the right gives the grounds to state that Art. 39 of the Constitution of the Russian Federation contains only the legal order concerning social security of citizens. However, it doesn’t name legal means by which there is its observance, execution, use, application. The author attributes Art. 39 of the Constitution of the Russian Federation to a number of constitutive documents in which only competences of natural persons are specified. Securing the right of each Russian citizen to social security, it thereby assigns to the state a duty of the legislative solution of all questions connected with its realization. As social security is under joint authority of the Russian Federation and territorial subjects of the Russian Federation, and the legislation on social security has to be accepted both at the federal level, and in territorial subjects of the Russian Federation. Besides, the fact that the Constitution of the Russian Federation contains the Art. 39 means that the right to social security of citizens is really important for the state.