作为巩固俄罗斯社会和国家基础的社会团结的宪法原则

S. Leonova
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引用次数: 0

摘要

当前,国际社会面临的新冠肺炎疫情形势,尖锐地提出了社会和国家的相互责任问题。与此同时,在州一级实施的限制通常被公民评价为过度。因此,致力于确定在这种流行病的情况下限制人权和自由的合法性的研究越来越多,然而,社会团结这样的现象实际上仍然被忽视。社会团结,被理解为社会的凝聚力(不仅仅是面对共同的威胁和挑战),可以成为社会与国家之间建设性互动的基础。该研究的目的是对社会团结作为俄罗斯国家新宪法原则的法律理解,其前提是在保护宪政国家基础免受现代威胁的条件下,对个人权利和自由建立允许的限制的可能性。尽管在2020年进行了宪法改革,但俄罗斯目前的立法中缺乏对社会团结的规范定义,这给正确解释这一现象带来了困难。对社会-法律现象的一般科学和特殊认知方法——正式法律方法和法律建模方法——的使用,使得在社会团结中不仅可以看到法律结构,而且可以看到社会与国家之间相互作用的主要道德和伦理原则。通过对国内法律行为的分析,可以得出这样的结论:在面临各种威胁时,社会和国家的社会凝聚力的宪法原则是遵守法治、宪法对个人权利和自由的规定以及允许对其进行限制的条件等要素,这是国家及其宪法制度不可侵犯的基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Constitutional Principle of Social Solidarity as a Basis for the Consolidation of the Russian Society and States
The current circumstances related to the Covid-19 pandemic, which the entire world community had to face, raised sharply the question of mutual responsibility of the society and the state. At the same time, restrictions imposed at the state level are most often assessed by citizens as excessive. As a result, the number of studies devoted to establishing the legitimacy of restricting human rights and freedoms in the conditions of the epidemic is growing, however, such a phenomenon as social solidarity remains practically ignored. It is social solidarity, understood as the cohesion of the society (not only in the face of common threats and challenges), that can become the basis for constructive interaction between the society and the state. The aim of the study was the legal understanding of social solidarity as a new constitutional principle of the Russian state, which presupposes the possibility of establishing permissible restrictions on individual rights and freedoms in the conditions of protecting the foundations of the constitutional state from the modern threats. The absence of a normative definition of social solidarity in the current legislation of Russia, despite the constitutional reform carried out in 2020, entails difficulties in the correct interpretation of this phenomenon. The use of both general scientific and special methods of cognition of socio-legal phenomena — the formal legal method and the method of legal modeling — made it possible to see in social solidarity not only the legal structure, but also the leading moral and ethical principle of interaction between the society and the state. The analysis of the domestic legal acts made it possible to conclude that the constitutional principle of social cohesion of the society and the state in the face of various threats with the observance of such elements as the rule of law, the constitutional provision of individual rights and freedoms and the conditions for their permissible restriction is the basis for the inviolability of the state and its constitutional system.
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