CONSTITUTIONAL AND JUDICIAL ASSESSMENT OF FINANCIAL AND BUDGETARY CAPABILITIES OF THE STATE IN ENSURING THE SOCIAL RIGHTS OF CITIZENS AS AN OBJECTIVE LIMIT OF THEIR CONSTITUTIONAL AND LEGAL PROTECTION

The article considers the state’s guarantee of social protection of citizens, its financial and budgetary opportunities in ensuring the social rights of citizens as an objective limit of their constitutional and legal protection. To this end, the implementation of discretion by the legislator when choosing the forms and conditions for providing social support measures is investigated. Based on doctrinal views and a review of the practice of the Constitutional Court of the Russian Federation, it is noted that one of the key forms of state financial support necessary for the implementation of the constitutional socio-economic rights of citizens is the preservation of reasonable stability of legal regulation. Recognizing the legislator’s right to amend the current legislation in the social sphere, the Constitutional Court of the Russian Federation indicates the inadmissibility of reducing the amount of social protection achieved. Based on this legal position of the Constitutional Court of the Russian Federation, a number of constituent entities of the Russian Federation adopted or developed regional draft laws “Social Code”. The author, taking into account the needs of citizens and the financial capabilities of the state, states that conditions should be created to ensure a balance of public and private interests and social standards for the use of a minimum set of social benefits should be provided. According to the author, social standards for the use of a minimum set of social benefits are a legal form of mediating the financial capabilities of the state in ensuring the social rights of citizens. Further, the article reveals the course of development of budgetary and financial legislation that corresponds to constitutional principles and fundamentals and notes the constitutionalization of the social sphere. As a result of the constitutionalization of the social sphere, the author concludes, the vector of the ongoing budgetary and financial policy of the Russian state at the present stage is social support measures related to increasing the living standards of recipients of social services. The prerequisite for the implementation of this vector of fiscal policy is the sustainable filling of the country’s budget resources.

financial and budgetary capabilities of the state, social support for citizens, constitutionalization of the social sphere, social rights, social guarantees, discretionary powers of the legislator, socially oriented budgetary and financial policy, improvement of budgetary and financial legislation, the Constitutional Court of the Russian Federation, legal certainty

Ilyin I. M. Constitutional and judicial assessment of financial and budgetary capabilities of the state in ensuring the social rights of citizens as an objective limit of their constitutional and legal protection. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):282—288. DOI: 10.25683/VOLBI.2023.64.733.