Mutual respect of the state and the individual: the problems of existence in Russian legislation
Year: 2025
Type: article
Abstract: Introduction. One of the first articles, which from a legal point of view examines the issues of mutual respect between the state and the individual. As an example, legislative norms are used that characterize the existence of mutual respect or a situation where such mutual respect is problematic. Materials and Methods. The research is based on the normative legal acts of the Russian Federation, as well as a number of decisions of the Constitutional Court of the Russian Federation. The work uses general scientific methods, including the study of statelegal phenomena, analysis of legislation, research of legislative acts and their interpretation. Analysis. Among the analyzed episodes concerning the relationship between the state and the individual, the norms of effective Russian legislation are used. So, in the first example, the issues of maternal (family) capital are considered, in particular, the impossibility of using it to improve housing conditions before the child reaches the age of three (with the exception of a mortgage). In the second example, there is a discussion about the rules for awarding state pensions, as well as old-age insurance pensions ahead of schedule (according to work experience), which, from 2018 to 2022, violated, in the opinion of the author, the constitutional guarantees of military personnel. The third example is devoted to transactions that allow monopolistic electricity suppliers to receive funds for nonsupplied electricity. The problems of observing the principle of non bis in idem, according to which no one can be punished twice for the same violation, are considered in the fourth example. Results. The author came to the conclusion that it is mutual respect between the state and the individual, built on the principles of justice, recognition and observance of human and civil rights and freedoms, creation of conditions ensuring a decent life for a person, that will allow the state (and with it the individual in this state) to carry out purposeful and competent development. In addition, while respecting the mutual respect of the state and the individual, it will not be hindered by misunderstanding on the part of the population, face discontent, certain categories of citizens, and be overshadowed by the incompetence of those who prepare and adopt legislative acts.
Author: V. A. Vinokurov
Institution: Ministry of Emergency Situations
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411158773