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§ 1. Features of formation of social statehood In the Russian Federation

Necessity of consideration of development of the social state and social statehood for Russia is caused by possibility of revealing and use of positive experience of Russia with reference to formation of social statehood in Republic Kazakhstan.

As has fairly noted S.P.Shaposhnikov: «now the idea about the social state is perfected to perfection, still there is a question on degree of a social role of the state. And as a result each state solves this question for itself in an individual order, of course, considering thus historical experience, the internal conditions: a politiko-legal regime, level of economic development, a difference in incomes between various social classes, moods in a society, and also depending on the purposes put by the state in its development» [207].

Therefore unique experience of each state in formation of social statehood has great value for Kazakhstan. However thus it is not necessary to transfer automatically model of the social state which are under construction in the Russian Federation, on the Republic Kazakhstan legal field. As researchers R.Grinberg and V.Muzychuk fairly mark: «Mechanical loan of norms and the laws which have developed in other cultural environment and other conditions, can appear not only inefficient but also dangerous from the point of view of social stability» [208].

Unlike Kazakhstan as we already specified, in Russia there are very many works devoted to researches of formation of the social state in Russia, to definition of its concept, the essence, therefore the given problem does not demand full illumination from our party; we will stop on features of formation of the social state in Russia and we will consider them in a context of so-called constitutional indicators of the social state.

The term «the constitutional indicators of the social state» has been used by V.E.Chirkinym in the scientific article «the Social state: economic, social and constitutional indicators» [209]. In article it is not given accurate definition of the given concept, but it is possible to interpret it, proceeding from the general definition of the indicator. So, «the Modern encyclopaedia» (2000) interprets the indicator (from pozdnelatinskogo indicator - the index) as «the device (device) displaying a course of any process, the received results, a condition of object of supervision and to that the similar information in the form simple and accessible to the person» [210]. Lawyers and economists use the given term in a figurative sense: as an indicator, a measuring instrument of this or that legal or economic event.

V.E.Chirkin allocates economic, social and constitutional indicators, and also legal indicators (which, taken as a whole, are much more detailed) social state [211].

Thus, «the constitutional indicators of the social state» are the legal statuses fixed in the constitution reflecting the basic characteristics of the social state.

V.E.Chirkin has allocated following constitutional indicators of the social state: 1) the Formulation about overall objectives of a policy and activity of the social state; 2) Inclusion in the constitution at level of the international standards of the list of social and economic human rights and the citizen; 3) Social function of a private property; 4) socially focused economy; 5) Social justice, including fair distribution of the public riches created by the nature and work of the person; 6) Legal equality and actual alignment of social and economic position of people, social, ethnic and others obshchnostej, bringing the contribution to society development; 7) Social partnership (social solidarity) both simultaneously economic and political competitiveness of various levels of population and associations representing them; 8) Social responsibility of various levels of population and power structures, including during labour and other conflicts; 9) Social and economic arbitration of the state [212].

The given list represents an embodiment of the ideal social state. V.E.Chirkin considers, that «this constitutional principle (i.e. the principle of the social state) in certain forms, at least as tselepolaganie, can be fixed in constitutions of all states, it should become a vector of activity of power structures and can always be a reference point of development of a society and the state: construction of the ideal social state in all countries ahead, and behind a new step in its development another should follow» [213].

Let's consider formation of social statehood in Russia. It, as well as in Kazakhstan, essentially differs from similar formation in the western states.

On the first indicator «the Formulation about overall objectives of a policy and activity of the social state» it is possible to note the following. The recognition in the Constitution of the Russian Federation of the state the social has occurred late enough in comparison with other states. So, the term «the social state» has been included in state definition in the Organic law of Germany of 1949. Later it has been specified in constitutions of some the states of Europe, Asia, Africa, Latin America. In Russia positions about the social state have been fixed in item 7 of the Constitution of the Russian Federation from December, 12th, 1993. Later reflexion in the Constitution of the Russian Federation of idea of the social state is connected by that long enough during the previous historical period of the Soviet system the socialist state in which attempt of liquidation of a social inequality at the expense of equalising social and financial condition of citizens of the USSR by an establishment about identical has been made was under construction, and low wages. It is necessary to tell, that on this way there were also many other things the socialist countries, seeing basically the levelling approach to material and as a whole to a social status of the person the precondition of its public equality (equality). Let's underline also, that to this idea private property expropriation, its transformation by nationalisation in state (on later terminology – public) the property which has been urged to serve the general blessing has been anyhow subordinated also and to provide satisfaction of requirements – in an equal measure – each worker of the person. Did not interfere with realisation of the given approach and a socialism principle «from everyone on its abilities, everyone on its work» as work was assumed exclusively as the worker at the state-public enterprise, could give only moderate wages. They could differ, in this plan not excepting certain inequalities of a financial position of people. However by and large all the same there was a principle of levelling using the social blessings, as such possibilities, as public health services, hospitals, kindergartens and a day nursery, schools etc. On payment level did not depend, besides could be given at times first of all to needy persons and families.

To Russia the category of the social state is included in the Constitution of the Russian Federation 1993, and not among characteristics of the Russian state, and in special article. In item 7 it is fixed:

«1. The Russian Federation - the social state, which politician is directed on creation of the conditions providing a worthy life and free development of the person.

2. In the Russian Federation work and health of people are protected, the guaranteed minimum wage rate is established, the state support of a family, motherhood, paternity and the childhood, invalids and elderly citizens is provided, the system of social services develops, the state pensions, grants and other guarantees of social protection »[214] are established.

We believe, that in the Constitution of the Russian Federation the idea of creation of the social state as a design of a part 1 item 7 provides instructions on the basic direction of a policy spent to the Russian Federation – «creation of the conditions providing a worthy life and free development of the person» is more full reflected. Such formulation corresponds to the international social standards, in particular, to the maintenance of the Concept of formation of legal bases and mechanisms of realisation of the social state in the countries of the Commonwealth, accepted in St.-Petersburg on May, 31st, 2007 and the Inter-parliamentary Assembly of the state-participants of the Commonwealth of Independent States approved by the Decision № 28-6 in which it is specified: « The social state is a legal democratic state which proclaims the higher value of the person and conditions for maintenance of a worthy life, free development and self-realisation of creative (labour) potential of the person »[215]. Besides, the design of a part 2 items 7 of the Constitution of the Russian Federation contains guarantees of social support of the population the state.

Let's consider the second indicator: « Inclusion in the constitution at level of the international standards of the list of social and economic human rights and the citizen ». Many scientists notice, that« in due course the social and economic rights of a steel one of the constitutional indicators of the social state: fastening of this category of the rights testifies to aspiration of the state to their real maintenance »[216]. The given indicator in respect of formal fastening in the Constitution of the Russian Federation looks better, than in some constitutions of some the states. The matter is that« fastening of the social and economic rights in the Soviet constitutions always was considered as the important achievement of socialism »[217], i.e. the constitutional recognition of such rights became for a long time already norm in the Post-Soviet states. Whereas in some states practically there are no norms about the social and economic rights (in the USA, Canada, the Great Britain). However it does not mean, that in such states the social and economic rights are absent and are not provided. For example, Norway having traditionally high indicators on a degree of quality of a life, defined according to the accepted United Nations indicators – «indicators of human development», lives under the old Constitution accepted in 1814 which practically does not include social rights [218].

The third indicator – «Social function of a private property». The given indicator for the present is not reflected in the Constitution of the Russian Federation. The given indicator means, that the private property should serve in necessary cases to a society. And this position should be reflected in the constitution. For example, in the Weimar constitution (the Constitution of the German empire) (on August, 11th, 1919) in item 153 it has been specified: « The property is provided with the constitution. Its maintenance and limits follow from laws. Compulsory purchase can be undertaken only for the blessing public whole and legally. It is made for respective compensation as the imperial law will not enact differently. Concerning a rate of commission in disputable cases the reference to the general vessels as in imperial laws it is not enacted other should be supposed. The empire can do compulsory purchase at areas, communities and the unions only for compensation. The property obliges. Using it should be at the same time service to general welfare »[219].

In the Constitution of India of 1949 the given indicator is fixed more accurately: in item 38 it is said, that the property and the control over material resources should be meted so that they served general welfare and concentration of riches and means of production to the detriment of common interests (actually in India there are large monopolies and dollar billionaires) [220] did not lead.

Now there is a danger of a concentration large financial, and, hence, and political possibilities, in hands of national and transnational corporations. The policy of the given corporations is realised not always for the good of all society, basically by them are pursued uzkokorporativnye interests. Therefore the social state should provide the mechanism of restriction of use of the property of large corporations to the detriment of a society. Such examples were in practice of the social states. So, V.E.Chirkin gives an example that «in the conditions of modern world financial crisis in the USA in 2008 measures have been carried out, equivalent actual nationalisation of two largest financial companies of the hypothecary credit which have special value for economy (a part of actions has passed to the state, and by heads of the companies government officials)» [221] have been appointed.

The fourth indicator - «socially focused economy». For construction of the social state presence not simply market economy, but socially focused economy, i.e. economy, first of all is necessary for the employee for the society blessing, and already then to the state and business community. Feature of Russia is that this state has late enough begun market economy building, and, hence, and the economic basis for construction of the social state is not quite generated. The given line distinguishes our states from the European states. So, G.A.Ozhegova marks: « Process of modernisation of the countries of the European region is characterised by that to each historical stage enough time has been released". It gave the chance for"running start", caused course, organichnost ripening of each subsequent stage in previous, each new structure on the basis of old by evolutionary transformation of last. The social state in the West integrally grew from archaic institutes, structures which adapted for requirements of a becoming complicated society, were correlated by them» [222]. In Russia absence of powerful economic potential, instability of economy postpone the achievement moment of "general prosperity» and creation of conditions for a worthy life and free development of the person. In the Constitution of the Russian Federation the given indicator is not reflected.

The fifth indicator – «Social justice, including fair distribution of the public riches created by the nature and work of the person». The Social justice rule is not fixed in the Constitution of the Russian Federation, but reflected in the Russian Federal acts «About public associations» from May, 19th 1995 and «About political parties» from July, 11th, 2001 the Social justice rule should not be treated narrowly, only as identical "consumer's basket" established for all or equal volume of social privileges. The given principle establishes equality of all citizens before the law, creation of legal, political and social and economic guarantees of the worthy life, equal access to the social blessings, the information and cultural values.

The sixth indicator – «Legal equality and actual alignment of social and economic position of people, social, ethnic and others obshchnostej, bringing the contribution to society development». Reflexion in the Constitution of the Russian Federation of such position is the extremely important. The social state should aspire to actual alignment of social and economic position of the various subjects living in the state. Difference of the Russian Federation from other European states is the width of its geographical position, huge territory, various prirodno-climatic conditions and non-uniformity of moving of the population. The specified factors have led to that in rather comfortable zone, i.e. a zone with the developed infrastructure, the big possibilities of a choice of a sort of labour activity, there is only a part, let even considerable, the population. However there are also radical small people, the mountain, nomadic people, agricultural population which are in the limited conditions. For example, on the Far North aboriginals (nentsy, Yakuts) send children on training in spetsinternaty as nearby schools are absent. At these inhabitants access to cultural and other values (to theatre, museums etc.) is limited. Rupture between the maximum and minimum per capita monetary income in subjects of the Russian Federation reaches 10,9 times (on other data, - 8,4 times, but it too is a lot of), in Ingushetia almost half of population (43,7 %) - the unemployed, cost of the minimum set of products on Chukotka three times exceeds the all-Russian level [223] whereas the Alaska next to Chukotka wins first place on a standard of living in the USA [224].

The seventh indicator – «Social partnership (social solidarity) both simultaneously economic and political competitiveness of various levels of population and associations representing them». This principle is absent in the Constitution of the Russian Federation. However about social partnership it is told in the Labour code of the Russian Federation of 2001. But, as we marked above, the concept of social partnership should be treated more widely, than it is given in this act. So, according to item 23 TK the Russian Federation «social partnership in work sphere (further - social partnership) - system of mutual relations between workers (representatives of workers), employers (representatives of employers), the state bodies, directed on maintenance of the coordination of their interests concerning regulation of labour relations and other relations directly connected with them» [225]. As it was already marked, TK the Russian Federation treats social partnership narrowly – as partnership in work sphere. Position about social partnership (social solidarity) is fixed in some constitutions – in the Constitution of Portugal 1976, Constitutions of Brazil of 1988. From the CIS countries about social partnership it is spoken in item 14 of the Constitution of Byelorussia from March, 15th, 1996: «the State regulates relations between social, national and others obshchnostjami on the basis of equality principles before the law, respect of their rights and interests. Relations in sociolabor sphere between state bodies, associations of employers and trade unions are carried out on principles of social partnership and interaction of the parties» [226]. As we see, the narrow treatment of social partnership here is given. The advanced thought and experience of the separate countries including Kazakhstan of what it was a question earlier, prompt wider frameworks of social partnership, accordingly and an establishment of konstitutsionno-legal level of its fastening and regulation.

The eighth indicator – «Social responsibility of various levels of population and power structures, including during labour and other conflicts». Social responsibility is attribute of the social state. Recently, speaking about social responsibility, mean social responsibility of business though if to perceive idea of social partnership it is necessary to be consecutive and to approve the thesis that citizens should be socially responsible both the state, and. Not casually in the Message of the President of the Russian Federation to Federal assembly from December, 12th, 2012 V.V. Putin marked: « In the Constitution public responsibility for the Native land before present and future generations is proclaimed as a fundamental principle of the Russian statehood. In a civil liability, in patriotism I see consolidating base of our policy. To be the patriot means not only yours faithfully and love to concern the history though, certainly, it is very important, and first of all to serve a society and the country. As spoke Solzhenitsyn: « Patriotism - feeling organic, natural. And as the society where responsibility civil is not acquired cannot remain, and not to exist to the country, especially multinational where responsibility nation-wide »… Responsibility for the country is lost is formed not by slogans and appeals and when people see, that the power is transparent, accessible also itself"sticks"for the sake of the country, a city, region, settlement and each citizen, considers public opinion. The power should not be the isolated caste. Only in this case the strong moral basis for creation, for the statement of an order and freedom, morals and civil solidarity, the truth and justice, for national focused consciousness [227] is created.

The concept «social responsibility» was developed in theory of law. So, in the textbook under V.M.Korelskogo and V.D.Perevalova's edition responsibility (in the wide, social plan) has been characterised as the public relation between the subject and instance supervising its behaviour (the state, a society). Responsibility is considered in two aspects: positive and negative (prospektivnom and retrospective). « In prospektivnom (positive) aspect responsibility characterises the positive relation of the person to acts made by it … the given party of responsibility means, when say about feeling (comprehension) of responsibility or that the person takes responsibility on itself. Responsibility in the specified sense is considered as the social necessity of initiative performance of the debt realised and apprehended by the person, all sum of duties laying on it – political, moral, legal. It is responsibility for the future behaviour … In the second case it is available responsibility retrospective, responsibility for already made. It is connected not only with comprehension by its person, but also with external influence from a society, the state, other persons and can be moral, public, etc. Among the specified kinds of negative (retrospective) responsibility the special place is occupied with legal responsibility as the major version of responsibility social »[228].

The ninth indicator – «Social and economic arbitration of the state». Its essence consists that the state should act as the objective arbitrator, not suppose, and if necessary to resolve the social conflicts arising between various levels of population. Unfortunately, in Russia, as well as in Kazakhstan, there is a huge rupture between social and economic position of rich citizens and poor, that should lead to pressure increase in a society. Unlike the developed states in our states relative density of so-called middle class is insignificant. According to F.I.Sharkova: « In Russia the "average" class yet did not become enough influential force (its number is estimated by sociologists within 15 - 20 % of the population unlike the developed countries where this number equally approximately 60 - 80 %), and the is social-arbitration role of the state has not received full development »[229]. Moreover, the intelligency which in the developed countries constitutes a middle class basis, in Russia to that does not concern. So, according to V.V. Putin,« state employees "-" it, however, those people who have high education, qualification, under the maintenance of the work, on cultural requirements, on social activity they a part of a so-called creative class. A creative class and if to use a traditional word, the intelligency is first of all doctors, teachers, teachers of high schools, workers of a science, culture, and such people work in each region, in each settlement, in each city. At the same time on level of incomes they while nedotjagivajut to middle class, are forced to refuse to themselves and in normal rest, in vital comfort and in professional development, to search for constantly additional earnings. Long years the state underpaid to these experts, simply had no possibility first of all we have been obliged to solve other serious, sharpest problems, such, for example, as increase of pensions because older persons were in even more worst position, is often simple behind a poverty side »[230].

As we see, the basis of construction of the social state in Russia is put in pawn, though and not all indicators have found the formal reflexion in the text of the Constitution of the Russian Federation. However the positions put in pawn in the Constitution, are concretised in accepted and for a long time laws in force and subordinate legislation normative acts. So, the Civil code of the Russian Federation, the Housing code of the Russian Federation, the Tax code of the Russian Federation, the Labour code of the Russian Federation in which bases housing are put in pawn, tax policy, maintenance property and laws of master and servant of citizens of the Russian Federation are accepted. The standard legal acts providing the right of social protection of citizens of the Russian Federation, their right to culture, formation are accepted, etc. Federal acts concern them: « About the state provision of pensions in the Russian Federation »from December, 15th, 2001,« About the state social help "," About welfare payments to the citizens having children »from May, 19th, 1995,« About supplementary measures of the state support of the families having children »from December, 29th, 2006,« About social protection of invalids in the Russian Federation »from November, 24th, 1995,« About maintenance with temporary disablement allowances, on pregnancy and childbirth of the citizens who are coming under to obligatory social insurance »from December, 29th, 2006,« About obligatory pension insurance in the Russian Federation »from December, 15th, 2001,« About population employment in the Russian Federation »from April, 19th, 1991,« About formation in the Russian Federation »from December, 29th, 2012 etc.

The Federal act from December, 28th, 2013 № 442-FZ «About bases of social service of citizens in the Russian Federation» [231] is more recently accepted. In the given Law the subject of regulation of the present Federal act is defined: 1) legal, organizational and economic bases of social service of citizens in the Russian Federation; 2) powers of federal public authorities and power of public authorities of subjects of the Russian Federation in sphere of social service of citizens; 3) the rights and duties of addressees of social services; 4) the rights and duties of suppliers of social services. Its action extends not only on citizens of the Russian Federation, but also on foreign subjects and the stateless persons constantly living in territory of the Russian Federation, refugees, and also on legal bodies irrespective of their organisation-legal form and the individual businessmen who are carrying out social service of citizens. In article 3 the list of the basic concepts used in the law is given: «social service of citizens","social service","the standard of social service","the addressee of social services","the supplier of social services","preventive maintenance of the circumstances causing needs in social service». In article 4 principles of social service are specified: « 1. Social service is based on observance of human rights and respect of advantage of the person, has humane character and does not suppose humiliation of honour and advantage of the person. 2. Social service is carried out also on following principles: 1) equal, an easy approach of citizens to social service without dependence from their floor, race, age, a nationality, language, an origin, a residence, the relation to religion, belief and an accessory to public associations; 2) addressing of granting of social services; 3) nearness of suppliers of social services to a residence of addressees of social services, sufficiency of quantity of suppliers of social services for maintenance of requirements of citizens in social service, sufficiency of financial, material, personnel and information resources at suppliers of social services; 4) preservation of stay of the citizen in the habitual favorable environment; 5) voluntariness; 6) confidentiality ». Also in the law bodies and the organisations entering into system of social service, their power, the right and a duty of addressees of social services, the rights, duties and an information openness of suppliers of social services, an order of granting of social service, the form of social service, kinds of social services are listed. It is established, that the bases for a recognition of citizens requiring social service is presence of circumstances which worsen or can worsen conditions of ability to live of the person. For example, partial or full loss of ability to self-service and-or movement; presence in a family of the invalid requiring constant extraneous leaving; intrafamily conflicts; violence in a family; homelessness of minors; absence of a certain residence, work and means of subsistence. Sources of financial maintenance of social service are defined: 1) means of budgets of budgetary system of the Russian Federation; 2) charitable payments and donations; 3) means of addressees of social services by granting of social services for a payment or a partial payment; 4) incomes of the enterprise and other activity bringing in the income which are carried out by the organisations of social service, and also other sources not forbidden by the law. Also the control in sphere of social service is defined and, that public control is pleasant, established. The special attention is made on preventive maintenance of needs of citizens in social service. Social support is entered. That is to citizens if necessary can assist in reception of the necessary medical, psychological, pedagogical, legal, social help.

Besides the listed standard legal acts providing carrying out of social policy in the Russian Federation, in some regions and large cities the so-called Social codes which experience of creation should be adopted for perfection of the legislation of Republic Kazakhstan are accepted.

Social codes of the Belgorod area from December, 28th, 2004, by of St.-Petersburg from November, 22nd, 2011, the Yaroslavl area from December, 19th, 2008, the Code of Omsk area about social protection of separate categories of citizens from July, 4th, 2008 are accepted. Also the public, by subjects of the legislative leadership developed the project of the Social code of the Russian Federation. So, the Scientific research institute of work and social insurance of Ministry of Labor of Russia has spent basic researches in this area and on their basis has prepared the offers on formation of the Social code of the Russian Federation, most actively work on preparation of the new bill was led by inter-regional association «Siberian agreement», into which 11 subjects of the Russian Federation (Altay and Krasnoyarsk regions, Irkutsk, Kemerovo, Novosibirsk, Omsk, Tyumen, Chita areas, Republics Altais, Buryatiya, Tyva) [232] enter.

The positive moment in acceptance of social codes is attempt of codification of effective standards about social security, social services of the state social support. Codification of the social legislation pursues following aims: creation of a uniform complex of the rules of law directed on maintenance of realisation of social policy of the state; maintenance of interrelation with certificates of other branches of the legislation; transfer of norms of the social legislation from subordinate legislation in the uniform act; refusal from blanketnyh and otsylochnyh norms; streamlining and classification of existing social norms.

At the same time, not all social codes are codes in essence, some of them provide one or several directions of social policy in region. So, along with the Social code of the Yaroslavl area the Law of the Yaroslavl area «About social service of the population of the Yaroslavl area» operates. As it is noted in item 2 of the Social code of the Yaroslavl area, «granting of social support and rendering of the social help to the population of the Yaroslavl area is carried out according to the present Code, other laws of the Yaroslavl area and standard legal acts of the Yaroslavl area accepted according to them. Granting of social service is carried out according to the Law of the Yaroslavl area« About social service of the population of the Yaroslavl area »and standard legal acts of the Yaroslavl area accepted according to it».

Other Social codes adhere to the codification purpose. So with acceptance of the Social code of of St.-Petersburg from November, 22nd, 2011 laws of of St.-Petersburg – the Law of St.-Petersburg from February, 14th, 2001 № 142-18 «About indemnifications to inhabitants of St.-Petersburg injured with extreme situations of natural and technogenic character or acts of terrorism, or members of their families» have been abolished; the Law of St.-Petersburg from June, 5th, 2002 № 259-21 «About the size of the state social help in St.-Petersburg»; the Law of St.-Petersburg from April, 30th, 2003 № 181-20 «About compensatory payments to persons, podvergshimsja to political reprisals and subsequently rehabilitated»; the Law of St.-Petersburg from September, 17th, 2003 № 545-83 «About rendering to inhabitants of St.-Petersburg of the emergency social help»; the Law of St.-Petersburg from November, 17th, 2004 № 587-80 «About social support of the families having children, in St.-Petersburg»; The law of St.-Petersburg from November, 17th, 2004 № 589-79 «About measures of social support of separate categories of citizens in St.-Petersburg» and still is a lot of laws, in total 94 laws.

The most interesting in respect of the scientific analysis and reflexion of social support of the population is the Social code of of St.-Petersburg from November, 22nd, 2011. It causes the dual relation. On the one hand, not clearly, why active social support mentions those groups of the population such support does not appear which usually. It concerns such categories, as: families of military men; student's families; families of workers of establishments in St.-Petersburg, having and bringing up two and more children; medical and pharmaceutical workers of official bodies of public health services; social workers of official bodies of social service of the population; medical workers of official bodies of social service of the population; Pedagogical workers of the state educational institutions, official bodies of public health services both social service of the population and medical workers, the basic which place of work are the state educational institutions; sportsmen and trainers; the married couples which have celebrated 50-year-old, 60-year-old or 70-year-old anniversary of a matrimonial life.

Concerning the given categories of citizens it is possible to note, what not all from them can be requiring and to be in a heavy vital situation. In particular, the salary of military men above an average level, students can be children of rich parents, family pairs-jubiljarov also can have quite provided children and grandsons, and incomes of prospering sportsmen can exceed one million dollars. As to social, medical, pharmaceutical and pedagogical workers they should give not social support and to raise wages.

The Family code of St.-Petersburg does not establish accurate criteria for a recognition of the named categories the requiring.

And at the same time the given Code can serve as the sample of the social code of the developed social state as support appears to the majority of categories of the population, but it serves as acknowledgement and that in St.-Petersburg full enough and self-sufficient budget that you will not tell about budgets of other cities and regions.

Having analysed formation of the social state in Russia in the light of the constitutional indicators of the social state (i.e. indicators of ideal model of the social state), it is possible to draw certain conclusions.

1. The Russian Federation unlike Republic Kazakhstan not only recognises itself as the social state, but also sets as the purpose the policy directed on creation of conditions, providing a worthy life and free development of the person. In the Russian Federation work and health of people are protected, the guaranteed minimum wage rate is established, the state support of a family, motherhood, paternity and the childhood, invalids and elderly citizens is provided, the system of social services develops, the state pensions, grants and other guarantees of social protection [233] are established.

2. The constitutional model of the social state in Russia, as well as in Kazakhstan, is not made and demands entering of corrective amendments. In the Constitution of the Russian Federation there are no norms about: to the is social-focused economy; social function of a private property; social partnership; social responsibility of each citizen, business community and the state; actual alignment of social and economic position of people, social, ethnic and others obshchnostej, bringing the contribution to society development; social justice; an is social-arbitration role of the state.

3. Practice of formation of the social state in Russia shows, that the Russian Federation is at the initial stage of such formation. She declared herself the social state and adheres to the policy directed on creation of conditions, providing a worthy life and free development of the person. However to realise in full this purpose yet in a condition. Nevertheless, the state puts before itself and a society the problems providing achievement of the given purpose. And in the Russian Federation much becomes for this purpose: demographic programs which have allowed to stabilise a population of the country are accepted and to provide population growth; the program of granting of the family capital is accepted at a birth of the second child; in kindergartens, the program of professional retraining for women problems of turns are solved with children, support of flexible forms of employment; steps under the housing problem permission are undertaken; The problem by 2020 is enacted to create and modernise 25 million workplaces etc.

Summing up, it is possible to confirm the thesis which has been put forward by Kazakhstan scientist S.T.Amirbekovym: «social bases of the constitutional system are necessary for considering in a complex with political and economic bases. Social bases are, as though derivative against the last which define and guarantee a political and social order, stability and forward development of socially focused economy. In this connection, it is possible to establish, that Russia and Kazakhstan are in such stage of political and economic development which does not allow while to name their social states in full sense of this term. At the same time the constitutional norms of both states do not contradict the general installations on building of social statehood in the Russian Federation and Republic Kazakhstan» [234].

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A source: AU TATYANA IVANOVNA. Problems of social statehood in Republic Kazakhstan (In a context of comparison with experience of the Russian Federation). The DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2014. 2014

More on topic § 1. Features of formation of social statehood In the Russian Federation:

  1. THE CHAPTER II. FEATURES OF FORMATION OF THE SOCIAL STATE AND SOCIAL STATEHOOD IN PRACTICE OF SOVEREIGN KAZAKHSTAN
  2. § 2. Possibilities of the account foreign (including Russian) experience of formation of social statehood In Republic Kazakhstan
  3. AU TATYANA IVANOVNA. Problems of social statehood in Republic Kazakhstan (In a context of comparison with experience of the Russian Federation). The DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2014, 2014
  4. the Chapter II. Concept and features of social security in the Russian Federation
  5. § 1. Social and economic human rights and the citizen as a basis of social statehood in Kazakhstan
  6. § 1. Theoretical and konstitutsionno-legal approaches to understanding of the social state and social statehood in Kazakhstan and Russia at the present stage
  7. § 2. The concept of the social state and social statehood as political, obshchepravovaja and konstitutsionno-legal model: history of occurrence and development, feature of display in Kazakhstan
  8. features of process of formation of the concept of audit of efficiency and its standard maintenance in the Russian Federation
  9. § 2.2. FEATURES OF THE ORDER OF FORMATION AND ACTIVITY OF COMMERCIAL BANKS OF THE RUSSIAN FEDERATION
  10. 4.1. Formation of legal and organizational bases of maintenance of safety of traffic in the conditions of new Russian statehood
  11. features of distribution and granting of interbudgetary transfers to budgets of subjects of the Russian Federation from the federal budget on support of economic and social development of the radical small people of the North, Siberia and the Far East