Relation between freedom of work and the obligation of citizens to work: a constitutional-legal researc

Introduction. Amendments to the Constitution of 2020 of the Russian Federation have marked the problem of changing the state approach to the interaction of the individual, society and the state. The basic content of freedom of work should not be identified with the right of a person not to carry out any socially useful activity. At the same time, the constitutional concept of mutual rights and obligations of the individual and the state cannot be built on the same principles as in the Soviet times. The purpose of the work is to identify the constitutional and legal meaning of the provisions on the obligations of a citizen to work or carry out other socially useful activities and to determine the prospects for establishing the relevant obligations in the legislation of Russia in the modern period. Methods. The main methods of scientific research are: system analysis, formal-legal method. Within the framework of historical-legal and comparative-legal methods the norms of the Constitutions of the RSFSR of 1918, 1925, 1937 and 1978 and constitutions of foreign countries were analysed in comparison with the corresponding provisions of the Constitution of the Russian Federation. Results. Based on the analysis of constitutional and labour legislation of Russia and foreign countries the author’s attitude to the possibility of establishing in the Constitution of the Russian Federation and special legislation the obligations of citizens related to participation in socially useful activities. The conditions for the establishment of such obligations in the future, which should have a constitutional basis, are revealed.The theoretical issues that arose after the adoption of the 2020 amendments to the onstitution of the Russian Federation are outlined, which can serve as a direction for further constitutional and legal research. The conclusions are formulated about the inexpediency of introducing at present any coercive measures in relation to persons who do not perform any socially useful activity, and the conditions for their appearance in the legislation in the future.

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Publication Details

Journal
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Published
2024-09-27
DOI
https://doi.org/10.35750/2071-8284-2024-3-113-121
Primary Topic
International Labor and Employment Law
Type
article
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article

Relation between freedom of work and the obligation of citizens to work: a constitutional-legal researc

Михаил Сергеевич Сагандыков
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
International Labor and Employment Law
article

Relation between freedom of work and the obligation of citizens to work: a constitutional-legal researc

Михаил Сергеевич Сагандыков
article en

Abstract

Introduction. Amendments to the Constitution of 2020 of the Russian Federation have marked the problem of changing the state approach to the interaction of the individual, society and the state. The basic content of freedom of work should not be identified with the right of a person not to carry out any socially useful activity. At the same time, the constitutional concept of mutual rights and obligations of the individual and the state cannot be built on the same principles as in the Soviet times. The purpose of the work is to identify the constitutional and legal meaning of the provisions on the obligations of a citizen to work or carry out other socially useful activities and to determine the prospects for establishing the relevant obligations in the legislation of Russia in the modern period. Methods. The main methods of scientific research are: system analysis, formal-legal method. Within the framework of historical-legal and comparative-legal methods the norms of the Constitutions of the RSFSR of 1918, 1925, 1937 and 1978 and constitutions of foreign countries were analysed in comparison with the corresponding provisions of the Constitution of the Russian Federation. Results. Based on the analysis of constitutional and labour legislation of Russia and foreign countries the author’s attitude to the possibility of establishing in the Constitution of the Russian Federation and special legislation the obligations of citizens related to participation in socially useful activities. The conditions for the establishment of such obligations in the future, which should have a constitutional basis, are revealed.The theoretical issues that arose after the adoption of the 2020 amendments to the onstitution of the Russian Federation are outlined, which can serve as a direction for further constitutional and legal research. The conclusions are formulated about the inexpediency of introducing at present any coercive measures in relation to persons who do not perform any socially useful activity, and the conditions for their appearance in the legislation in the future.

Vestnik of the St Petersburg University of the Ministry of Internal Affairs of RussiaVol. 2024(3)
South Ural State University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
International Labor and Employment Law
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