1. The right to entrepreneurial activity . This right was first enshrined in the Constitution of the Russian Federation of 1993, which establishes that everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law ( paragraph 1 of Art. 34 Constitution of the Russian Federation)

2. Right to private property . AT article 35 The Constitution of the Russian Federation stipulates that the right to private property is protected by law. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons. No one may be deprived of his property except by a court decision. The expropriation of property for state needs may be carried out only on the condition of prior and equivalent compensation.

Along with private property, the Constitution of the Russian Federation establishes and guarantees the right to inherit , the legal regulation of the implementation of this right is carried out by the norms of civil legislation.

3. Right to land . Ownership, use and disposal of land and other natural resources carried out by their owners freely, if it does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.

Consolidation of the right in Art. 36 The constitution of private ownership of land does not exclude collective, municipal, state ownership of land and natural resources.

4. The right to free labor . Free labor is the basis of the well-being of a person and the state as a whole. Article 37 The Constitution establishes - “Labor is free. Everyone has the right to freely dispose of their abilities to work, to choose the type of activity and profession.

The RF Constitution of 1993 also establishes that "forced labor is prohibited."

5. Right to rest . The right to rest is inextricably linked with the right to free work. This connection is also manifested in the fact that both of these rights are enshrined in one article of the Constitution of the Russian Federation.

Everyone has the right to rest, enshrined in paragraph 5 of Art. 37 Constitution of the Russian Federation. A person working under an employment contract is guaranteed the duration of working hours established by federal law, weekends and holidays, and paid annual leave.

The regulation of the exercise of the right to rest is carried out in national, sectoral and departmental acts of labor law.

6. Protecting the family . State support for the family, motherhood, fatherhood and childhood, enshrined as one of the foundations of the constitutional order of Russia, led to the establishment in Art. 38 The Constitution of the Russian Federation stipulates that motherhood and childhood, the family are under the protection of the state. Caring for children and their upbringing are proclaimed by the Constitution an equal right and duty of parents. The Constitution of the Russian Federation at the same time establishes that able-bodied children who have reached the age of 18 must take care of disabled parents.

7. Right to social Security . The state takes care of those who completely or partially lose their ability to work. As stated in Art. 39 The Constitution of the Russian Federation "everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law."

8. Right to housing . This right is one of the most important human rights. How installs Art. 40 Constitution of the Russian Federation, “everyone has the right to housing. No one can be arbitrarily deprived of their home.”

According to paragraph 2 of Art. 40 bodies of the Constitution of the Russian Federation state power and local governments encourage housing construction, create conditions for the exercise of housing rights.

The Constitution of the Russian Federation provides for a different approach to ensuring this right for various categories of the population. AT paragraph 3 of Art. 40 it was established that the poor and other citizens specified in the law who need housing are provided free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

9. Right to health care . According to social policy Russian state, the Constitution of the Russian Federation fixes in Art. 41 that everyone has the right to health care and medical care. Medical care in state and municipal health care institutions is provided to citizens free of charge at the expense of the relevant budget, insurance premiums, and other revenues.

AT paragraph 3 of Art. 41 The Constitution of the Russian Federation emphasizes that the concealment by officials of facts and circumstances that pose a threat to people's health entails responsibility in accordance with federal law.

10. Right to favorable environment . This right is closely related to the right to health care. Its essence is that "everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense.

11. Right to education . According to Art. 43 Constitution of the Russian Federation, every person has the right to education. According to the Constitution, the Russian Federation guarantees the availability and free of charge of preschool, basic general and secondary education. vocational education in state or municipal educational institutions and in enterprises.

AT paragraph 3 of Art. 43 The Constitution of the Russian Federation also establishes that "everyone has the right, on a competitive basis, to receive higher education in a state or municipal educational institution and at an enterprise.

Basic general education is compulsory in the Russian Federation. Parents or persons replacing them ensure that children receive the basic general education.

The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.

12. Creative freedom . In the Russian Federation, according to Art. 44 The Constitution of the Russian Federation guarantees freedom of literary, artistic, scientific, technical and other types of creativity and teaching to every person. Intellectual property is protected by law.

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The rights and freedoms united in this group are essentially the basis of all other rights and freedoms. Their implementation is the basis of the material life of society, the state and every person.

1. The right to entrepreneurial activity. This right was first enshrined in the Constitution of the Russian Federation of 1993, which establishes that everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law (Part 1, Article 34 of the Constitution of the Russian Federation).

Restrictions on the use of this freedom of activity are due to the need to protect the legitimate rights and interests of others. They are enshrined in the norms of civil, labor, economic, commercial and criminal law.

2. The right to private property. Article 35 of the Constitution of the Russian Federation stipulates that the right to private property is protected by law. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons. No one may be deprived of his property except by a court decision. The expropriation of property for state needs may be carried out only on the condition of prior and equivalent compensation.

Along with private property, the Constitution of the Russian Federation establishes and guarantees the right of inheritance, the legal regulation of the implementation of which is carried out by the norms of civil law.

3. The right to land and other natural resources. Possession, use and disposal of land and other natural resources is carried out by their owners freely, if this does not damage the environment and does not violate the rights and legitimate interests of other persons.

The consolidation of the right of private ownership of land does not exclude collective, municipal, state ownership of land and natural resources.

4. The right to free labor. Free labor is the basis of the well-being of a person and the state as a whole. Article 37 of the Constitution states that “labor is free. Everyone has the right to freely dispose of their abilities to work, to choose the type of activity and profession.

A constitutionally enshrined right, as already noted, is the ability to perform certain actions, the ability to choose behavior. The choice of type of activity and profession is determined not only by the desire of a person, but in many cases also by his abilities, education, social need for this profession or type of activity, etc.

5. The right to rest. The right to rest is inextricably linked with the right to free work. This connection is also manifested in the fact that both of these rights are enshrined in one article of the Constitution of the Russian Federation.

Everyone has the right to rest, enshrined in Part 5 of Art. 37 of the Constitution of the Russian Federation. A person working under an employment contract is guaranteed the duration of working hours established by federal law, weekends and holidays, and paid annual leave.

The regulation of the exercise of the right to rest is carried out in national, sectoral and departmental acts of labor law.

6. Family protection. State support for the family, motherhood, fatherhood and childhood, enshrined as one of the foundations of the constitutional system of Russia, led to the establishment in Art. 38 of the Constitution of the Russian Federation provisions that motherhood and childhood, the family are under the protection of the state. Caring for children and their upbringing are proclaimed by the Constitution an equal right and duty of parents. The Constitution of the Russian Federation at the same time establishes that able-bodied children who have reached the age of 18 must take care of disabled parents.
7. The right to social security. The state takes care of those who completely or partially lose their ability to work. As set out in Art. 39 of the Constitution of the Russian Federation "everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law." Social guarantees of life activity are further developed in sectoral legislation.
8. The right to housing. This right is one of the most important human rights. As Art. 40 of the Constitution of the Russian Federation “everyone has the right to housing. No one can be arbitrarily deprived of their home.” This article defines the policy of the state in this area. According to part 2 of Art. 40 of the Constitution of the Russian Federation, state authorities and local governments encourage housing construction, create conditions for the exercise of the rights to housing.

The Constitution of the Russian Federation provides for a different approach to ensuring this right for various categories of the population. In part 3 of Art. 40 it is established that the poor and other citizens specified in the law who need housing are provided free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

9. The right to health care. In accordance with the social policy of the Russian state, the Constitution of the Russian Federation fixes in Art. 41 that everyone has the right to health protection and medical care. Medical care in state and municipal health care institutions is provided to citizens free of charge at the expense of the relevant budget, insurance premiums, and other revenues.

In part 3 of Art. 41 of the Constitution of the Russian Federation emphasizes that the concealment by officials of facts and circumstances that pose a threat to people's health entails liability in accordance with federal law.

10. The right to a healthy environment. This right is closely related to the right to health care. Its essence lies in the fact that everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense.
11. The right to education. According to Art. 43 of the Constitution of the Russian Federation, every person has the right to education. According to the Constitution, the Russian Federation guarantees the general availability and free of charge of preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises.

In part 3 of Art. 43 of the Constitution of the Russian Federation also establishes that everyone has the right, on a competitive basis, to receive higher education free of charge in a state or municipal educational institution and at an enterprise.

Basic general education is compulsory in the Russian Federation. Parents or persons replacing them ensure that children receive basic general education.

The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.

12. Freedom of creativity. In the Russian Federation, according to Art. 44 of the Constitution of the Russian Federation, each person is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity, teaching. Intellectual property is protected by law.

Each person establishes Part 3 of Art. 44 of the Constitution of the Russian Federation, is obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.

A special group of basic rights and freedoms of man and citizen are socio-economic rights and freedoms. They relate to such important areas of human life as property, work, recreation, health, education, and are designed to provide for the physical, material, spiritual and other socially significant needs of the individual.

The socio-economic rights and freedoms enshrined in the Constitution include: freedom of entrepreneurial activity; the right to private property, including land; freedom of work and the right to work in proper conditions; the right to rest; family protection; social security law; the right to housing; the right to health protection, to a favorable environment; the right to education, freedom of literary, artistic, scientific, technical and other types of creativity, teaching, the right to use cultural institutions.

Initiating the economic and social activity of every person as a natural basis for market relations that are being established in the country, the Constitution enshrines the right of everyone to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.

The most important place in the system of socio-economic rights and freedoms is occupied by the right of private property. Its constitutional consolidation was of decisive importance in the country's transition to a market economy. The Constitution of the Russian Federation of 1993 referred the recognition and protection of private property, as well as other forms, to the foundations of the constitutional system, expanded the guarantees for its protection, including by the judiciary. In part 3 of Art. 35 of the Constitution establishes that the expropriation of property for state needs can be carried out only on condition of prior and equivalent compensation. In addition, Article 36 of the Constitution, without any reservations or restrictions, enshrined the right of citizens and their associations to own land in private ownership, to freely own, use and dispose of land and other natural resources without causing damage to the environment and without violating the rights and legal interests of other persons.

Under the conditions of a market economy, the content of human rights in the sphere of labor has also undergone a change. The main emphasis is placed on securing the freedom of labor, its proper conditions and the right of a person to freely dispose of his labor:

1) forced labor is prohibited;
2) the right to work in conditions that meet the requirements of safety and hygiene, the right to remuneration for work without any discrimination and not lower than the minimum wage established by federal law;
3) the right to protection against unemployment has been approved;
4) the right to individual and collective labor disputes is recognized using the methods of their resolution established by federal law, including the right to strike.

The right to rest is inextricably linked with labor rights. A wide range of subjects are involved in its provision, designed to create for the realization of this right the necessary conditions. An important role is played by the activity of the person himself, who must rationally and competently use the time of rest. The functions of the state in this area are to establish, through federal law, a reasonable length of working hours, days off and public holidays, paid annual leave.

The social development of a society largely depends on the status of its primary unit - the family, the protection of motherhood and childhood. In Art. 38 of the Constitution enshrines the general rule that they are under the protection of the state.

Article 38 of the Constitution also defines the mutual rights of parents and children. Caring for children, their upbringing is an equal right and duty of parents. Able-bodied children who have reached the age of 18 must take care of disabled parents.

Among the socio-economic rights and freedoms is the right to social security, but age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law. The content of this right is, first of all, a guaranteed opportunity to receive state pensions and social benefits. Moreover, the federal law establishes the minimum size of pensions and benefits. In addition to them, voluntary social insurance, the creation of additional forms of social security and charity, which are received in recent times certain development.

The right to housing is constitutionally enshrined. It includes:

1) protection of the home, by virtue of which no one can be arbitrarily deprived of the home;
2) encouragement by public authorities and local self-government bodies of housing construction and the creation of conditions for the exercise of the right to housing, the provision of housing free of charge or for an affordable fee to the poor, other citizens specified in the law who need it, from state, municipal and other housing funds. Cooperative and individual housing construction is encouraged, and a system of tax-free loans for this is being developed.

The right to health care and medical care implies the free of charge of the latter in state and municipal health care institutions at the expense of the relevant budget, insurance premiums and other revenues.

Everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense. The concept of "environment" covers all components of the natural sphere, the consumer of which is a person (water, air, etc.), as well as those that affect him (noise, vibration, etc.). The right to a healthy environment, i.e. one that does not harm a person is closely linked to the human rights to life, to health protection.

Among the socio-economic rights and freedoms is the right to education. Everyone is guaranteed the general availability and free of charge of primary general, basic general, secondary (complete) general education and primary vocational education, as well as on a competitive basis free of charge secondary vocational, higher vocational and postgraduate vocational education in state and municipal educational institutions within the state educational standards if the citizen receives education of this level for the first time. The realization of this right makes it possible to receive general education and vocational training necessary for the implementation of labor activity, for a meaningful spiritual life. This is of interest not only to the person himself, but also to the state, society as a whole in connection with the needs of developing production and other areas in specialists who, due to general versatile training, can master complex modern professions. Therefore, the Constitution fixed the obligation of basic general education. Parents or persons replacing them are obliged to ensure that their children receive this education.

In accordance with Art. 44 of the Constitution, everyone is guaranteed the freedom of literary, artistic, scientific, technical and other types of creativity, teaching, the right to participate in cultural life and use cultural institutions, to have access to cultural values. The state guarantees the accessibility of all cultural achievements to citizens, wherever they live.

Russia, 655017, Republic of Khakassia, Abakan, Lenin Ave., 90. Е-mail: [email protected]

Various definitions of the category "socio-economic rights of a person and a citizen" are being explored. Socio-economic rights are considered as an integral part of the system of inalienable human rights. The main characteristics of the socio-economic rights of man and citizen are analyzed.

Keywords: socio-economic rights of man and citizen, ensuring human rights, generations of human rights.

CONCEPT AND CONTENT OF SOCIAL AND ECONOMIC RIGHTS OF PERSON AND CITIZEN

Lubennikova Svetlana A., A/Professor, department of state law, Institute of History and Law,

N. F. Katanov Khakass State University, PhD in Law

90, Lenina, Abakan, Republic of Khakassia, 655017, Russia

Various definitions of a category "social and economic rights of a person and a citizen" are studied. The social and economic rights are considered as a component of a system of inalienable rights of the person. The main characteristics of the social and economic rights of the person and the citizen are analyzed.

Keywords: social and economic rights of a person and a citizen, promotion of human rights, generations of human rights.

A clear definition of the social and economic rights of man and citizen is necessary and important. They arise only after their recognition by the state, in contrast to civil ones, which arise from the moment of birth. The standard of living of the population of a particular state depends on the specification of social and economic human rights.

In international legal acts establishes the legal binding of all generations of human rights. That is, all the rights, freedoms and obligations recognized by the state are not opposed or explained to the detriment of others, because together they form the legal status of a person.

The nature of social rights is reflected in some theoretical definitions. Common in these definitions are the signs of their constitutionality noted by the authors, the possibility for a person to receive social guarantees from the state, certain economic freedoms, and material benefits. Some definitions enumerate the types of socio-economic rights. For example, this is the right of an individual to start a family, the right to education, the use of cultural achievements, the right to freedom of scientific, technical and artistic creativity.

The definition of E. A. Lukasheva most fully reveals the essence of socio-economic rights. The author noted their normativity, the provisional nature of living conditions, social security and the main goal, which is the freedom of a person from fear and want.

In scientific circles there was a discussion about the classification of socio-economic rights. V. A. Chetvernin believes that there is arbitrariness in relation to human rights to socio-economic rights. And he proposes to distinguish them according to the following criteria. The first group includes socio-economic freedoms, characterized by the concept of status negativus (that is, natural and inalienable rights are included here). For example, this is the right of private property and its inheritance; the right to private ownership of land; freedom and inviolability of property; inviolability of property and obligation to pay legally established taxes; freedom of enterprise; prohibition of non-economic coercion to work; the right to education.

V. A. Chetvernin refers to the second group socio-economic rights to free self-realization of an individual together with others in the field of labor relations, characterized by the concept of status aktivus (the right to protection in the field of these legal relations). For example, this is the right to collective labor disputes and strikes.

The third group includes socio-economic rights as declarations that have no legal meaning and do not give rise to rights that can be defended in court. These include declarative provisions on the goals of the state's socio-economic policy. In part 1 of Art. 37 of the Constitution of the Russian Federation declares the right of everyone to dispose of their abilities to work, to choose the type of activity and profession.

The fourth group is called conditional social rights. These rights depend on the economic situation and their provision with the state budget. These are freedom and inviolability of property, freedom of entrepreneurship, the prohibition of non-economic coercion to work, the right to education, the right to private property and its inheritance, the right to private ownership of land.

So, the block of socio-economic rights includes many rights, their ultimate goal, based on the considered formulations and approaches, is the creation by the state of conditions under which people are free from fear and want.

For a very long time, the socio-economic rights of a person and a citizen were considered as secondary, in the regulation of which there was no need. This was due to the existence of the concept of the impossibility of defining and legally qualifying these rights, and, accordingly, the state did not have an obligation to ensure and protect them. Subsequently, this idea changed, and socio-economic rights and political rights were no longer considered as unequal in status.

To determine the essence of socio-economic human rights, it is necessary to refer to the existing ideas about the nature of socio-economic rights. In the history of human rights, international practice, ideas about the content, the legal nature of socio-economic rights have changed.

Initially, socio-economic rights were classified as so-called imaginary rights and it was believed that in order to ensure them, it would be necessary to infringe on the civil and political rights and freedoms of many citizens. This approach appeared during the development at the UN of the Universal Declaration of Human Rights, the Covenants on Human Rights and other documents in this area.

During this period, doubts arise about the allocation of socio-economic rights to a separate group of human rights and its inclusion in the Universal Declaration of Human Rights of 1948. The question arose about the need to consolidate this group of rights as binding documents for the implementation of states. The development and adoption of the pacts dragged on for almost two decades. The reason was the position of some states (USA, Great Britain, France and other countries). It was considered incorrect to classify as international and mandatory those human and civil rights that depend on the economy of states and the implementation of which requires certain budgetary expenditures.

The negative attitude of a number of states towards socio-economic rights is also expressed in the works of some researchers. Thus, human rights and freedoms, enshrined in Art. 2 of the Covenant on Civil and Political Rights must be implemented immediately. Reviewing this pact, researchers note that it does not define specific legal obligations for countries that have signed the pact. It is stated that only certain benchmarks have been established, and states should make efforts to achieve them. In support of their position, they refer to paragraph 1 of Art. 2 of the Covenant, which states the duty of the state “to take measures to the maximum extent of its available resources to ensure the progressive and full realization of the rights recognized in the present Covenant by all appropriate means, including, in particular, the adoption of legislative measures”.

For a long time, some Western countries disagreed with the legally binding provisions of the Covenant on Economic, Social and Cultural Rights. In 1986, the US State Department recommended that its diplomatic representatives abroad exclude the section "Economic, social and cultural situation" from the annual reports on human rights in host countries. It has been pointed out that the US treats social and economic rights as wishes, not legal obligations. In this regard, they are not included in internationally recognized human rights.

Social rights were treated as "second-rate" ones that would not be provided if necessary. This provision meant that in the event of obstacles in their implementation, they would not be protected in judicial order and mainly their implementation depends on the state authorities. Soviet Union did not agree with this approach, and in 1966 the Covenant on Economic, Social and Cultural Rights was adopted. Also, many UN documents recognized the mandatory nature of socio-economic rights.

Now the member states of the UN have recognized the provision of the pact that the ideal of a free human person, free from fear and want, can be achieved if measures are taken when all generations of human rights are fully ensured.

But, recognizing the binding nature of the provisions of the pact, some researchers argue that the economic situation of states modern world will not ensure the implementation of socio-economic rights enshrined in international documents. They consider the impossibility of their implementation, the utopian nature of the idea itself.

In 1986, at the University of Limburg (Holland), a meeting of leading experts was held on the nature and extent of the legal obligations assumed by the states parties to the Covenant on Economic, Social and Cultural Rights. They came to the conclusion that all human rights and freedoms are inseparable and interrelated and are a mandatory component of international law.

The Covenant imposes legal obligations on the States that have signed it. Thus, they are obliged to take measures, including norm-setting and administrative measures, for the realization of human rights included in the Covenant on Economic, Social and Cultural Rights. Also, socio-economic rights must be ensured by the right to judicial protection.

The implementation of socio-economic and cultural rights should not depend on the economy of states, the minimum level of guarantees is provided to the entire population.

Of course, the results achieved by states in the sphere of realization of socio-economic rights are less than in the field of civil and political rights. This largely depends on the state of the economy and resources, as well as legislative support, and therefore guarantees for their implementation, in comparison with civil and political rights, are less developed.

So, in international legal doctrine and practice, there are different approaches to the nature of socio-economic rights of a person and a citizen.

According to the first, socio-economic rights are not constitutional. In constitutions, as a rule, which entered into force before 1940, there are no provisions for these rights, except for some, such as the right to property, the right to inherit.

The content of the second approach is the recognition by modern states of the obligation to provide the population with favorable conditions for the development of the individual and a decent standard of living. Constitutions establish the duty of public authorities to follow these provisions. But not all socio-economic rights are secured by the right to judicial protection, in contrast to the rights of the first generation.

The criteria for ensuring the socio-economic rights of a person and a citizen are the economic indicators of the development of the state. The realization of socio-economic rights depends on how disciplined the state fulfills its obligations in the field of social policy.

International control in the field of protection of these rights, in comparison with the protection of civil and political rights, is less significant. There is no possibility for individuals to file a complaint. States have an obligation to provide information to the UN Secretary General on how the pact is being implemented and what achievements they have in the socio-economic field. This control mechanism is provided for in articles 16-25 of the International Covenant on Economic, Social and Cultural Rights. Control over the implementation of socio-economic rights is indeed difficult. They are quite specific, dependent on the sustainability, stability of the socio-economic policy of the state. Their peculiarity lies in their less universality, that is, the prevalence of certain categories of the population, the admissibility of non-rigid recommendatory formulations of the basic provisions, for example, such as a satisfactory existence

education, a decent life, just and favorable working conditions, as well as the dependence of their implementation on the state of the economy and resources.

In order for these rights to be realized, an active position of the state, the adoption of measures of material and procedural support are necessary. This is what distinguishes them from civil and political rights, where the main thing is freedom from interference.

It would seem that all of the above characteristics suggest that this group of human rights should be designated as secondary, derived from civil rights, but this is not so. Socio-economic rights are as basic as civil and political rights. Only with their joint implementation will the legal status of a person and citizen be ensured, the existence of the individual will be free and comfortable.

But the task of the state is not to fully provide citizens with all the benefits, but to support the majority of citizens, help in difficult life situations, and the opportunity to participate on an equal footing in social relations.

The state must provide each person and his family with minimum decent standards of living. In international legislation, a system of these minimum standards has traditionally developed - this is the level of wages, housing, work, food, education, social insurance, medicine, cultural level.

Complaints about the violation of social rights are not the last place in the Russian Federation. In 2013, complaints accounted for 26.4% of the total number of complaints received by the Commissioner for Human Rights. In the structure of complaints received about violation of social rights, as in 2012, complaints about violation of the right to housing predominate - 42.7%, to social security - 33.1%. The share of complaints about violation of economic rights was 10.8%. The right of ownership of property, the right to freedom of economic activity is infringed.

Of course, there is a mechanism for protecting human rights in Russia, and it is constantly being strengthened, for example, the position of the Ombudsman for Entrepreneurs in the Russian Federation has been established. The right to work is protected by the Federal Service for Labor and Employment. In 2013, 660,000 labor law violations were identified. Information on the results of the work of state labor inspectorates and available statistical data indicate that as a result of the measures taken, including those related to the strengthening of state supervision over compliance with labor legislation carried out by the federal labor inspectorate, the general state of compliance with labor law requirements in economic entities of the Russian Federation has a number of positive trends. Payments of illegally delayed wages were made to more than 450.6 thousand employees for a total of 9,195.67 million rubles; 881 orders on illegal dismissal of employees and 1672 illegally imposed disciplinary action, 174,138 employment contracts were drawn up.

The socio-economic rights of man and citizen will be most fully ensured in a welfare state. The difficulties of forming a welfare state are known to many countries and also to the Russian Federation. Although the Russian Federation, in accordance with the Constitution of the Russian Federation (Article 7), is proclaimed a social state, whose policy is aimed at creating conditions that ensure a decent life and free development of a person. According to part 2 of Art. 7 of the Constitution of the Russian Federation in the Russian Federation, labor and health of people are protected, a guaranteed minimum wage is established.

In this regard, the socio-economic rights of a person and a citizen will develop as special human rights, which in their essence differ from political and civil rights, but exist and are implemented only in conjunction with them. There should be an understanding on the part of the state that the well-being of a person, his life and health are the most important state resource.

Literature

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2. Report on the implementation and effectiveness in 2013 of federal state supervision over compliance with labor laws and other regulatory legal acts containing labor standards

B. S. Semenov. The practice of consideration by the courts of the Republic of Buryatia of cases arising from administrative offenses in the field of migration_

rights [Electronic resource] // Federal Service for Labor and Employment: [website]. - URL: http://rostrud.ru/documents/22/ (date of access: 12/17/2014).

3. Kabalkin A. Yu. Socio-economic rights of Soviet citizens. - M., 1986. - S. 26-28.

4. The Constitution of the Russian Federation: Problematic commentary / otv. ed. V. A. Chetvertin. - M., 1997. - S. 236-255.

5. Constitution of the Russian Federation: encyclopedic dictionary / V. A. Tumanov et al. - M.: Bolshaya entsikl. Lawyer, 1997. - S. 320.

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UDC 342.7 (571.54)

CONSIDERATION BY THE COURTS OF THE REPUBLIC OF BURYATIA OF CASES ARISING FROM ADMINISTRATIVE VIOLATIONS IN THE FIELD OF MIGRATION

© Semenov Bair Stanislavovich, Judge of the Supreme Court of the Republic of Buryatia, Ph.D. in Law, Associate Professor of the Department of International Law and International Relations Russia, 670000, Ulan-Ude, st. Sukhe-Batora, 6. E-mail: [email protected]

The article is devoted to the study of the practice of consideration by the courts of the Republic of Buryatia of cases arising from administrative offenses in the field of migration in 2013 and 2014. Keywords: practice of consideration by the courts, administrative offenses, migration.

PRACTICE OF CONSIDERATION THE CASES OF ADMINISTRATIVE OFFENCES IN THE FIELD OF MIGRATION BY THE COURTS OF THE REPUBLIC OF BURYATIA

Semyonov Bair S., judge of the Supreme Court of the Republic of Buryatia, PhD in Law, A/Professor, department of international law and international relations 6, Sukhe-Batora, Ulan-Ude, 670000, Russia

The article is devoted to the study of the practice of consideration the cases of administrative offenses in the field of migration by the Courts of the Republic of Buryatia in 2013 and 2014. Keywords: practice of the Courts consideration, administrative offenses, migration.

Migration of the population (lat. migratio - resettlement) - any territorial movement of the population associated with the crossing of both external and internal borders of administrative-territorial entities in order to change their permanent place of residence or temporary stay in the territory for study or work, regardless of whether under the prevailing influence of what factors it occurs - attracting or pushing.

The purpose of the study was to establish the number of cases in this category, the results, timing and quality of their consideration, as well as to identify issues that arise for practicing judges when considering them. For 2013, according to Art. 18.8 of the Code of Administrative Offenses of the Russian Federation, a total of 529 cases were considered, 488 persons were subjected to administrative punishment in the form of a fine. Violation of the terms of consideration of the case is noted in 2 cases.

According to Art. 18.10 of the Code of Administrative Offenses of the Russian Federation, a total of 19 cases were considered, all 19 persons were punished in the form of a fine.

According to part 1 of Art. 18.11, art. 18.12 of the Code of Administrative Offenses of the Russian Federation, a total of 12 cases were considered, 10 persons were subjected to administrative punishment in the form of a fine.

According to part 2 of Art. 18.11, art. 18.13 of the Code of Administrative Offenses of the Russian Federation, administrative cases were not submitted to the courts and were not considered.

Pregnancy and childbirth