Netherlands
UDK 342.41 Основы конституции
Abstract. The content of the constitutional and legal category “decent human life” is studied from the standpoint of a formal legal approach, that is, based on a literal interpretation of Article 7 of the Constitution of the Russian Federation. It is indicated that the category “decent human life” reflects the degree of his social security, depending on the effectiveness of ensuring social rights and the implementation of social policy of the state. A deeper analysis of this category allowed us to formulate an axiological approach, on the basis of which the human right to a decent life, not formally enshrined in the text of the Constitution of the Russian Federa tion, is revealed, the content of which should include all aspects of human life and activity, and not only social, the guarantee of which provides him with a quality of life that will allow him to define his life as worthy. The right to a decent life is defined as a right-goal, and other constitutional rights in this context are understood as rights-means aimed at ensuring it.
uman rights, decent human life, social well-being
1. Kasavina N. A. The phenomenon of a decent life in the context of the problem of the social state // Questions of Philosophy. 2019. No. 11. P. 22–27. (In Russ.)
2. Kim Yu. V. On the concepts of human rights activities and the human rights system, or on the issue of organizational and legal prerequisites for “nationwide happiness” // Constitutional and municipal law. 2021. No. 1. P. 27–35. (In Russ.)
3. Barsukova V. N. The human right to a decent life: general characteristics // Modern law. 2016. No. 1. P. 5–10. (In Russ.)
4. Chupilin D. A. Social disputes in the civil process: to the problem of the concept // Arbitration and civil process. 2020. No. 8. P. 3–8. (In Russ.)
5. Overview of the practice of courts considering cases on disputes related to the implementation of social support measures for certain categories of citizens // Bulletin of the Supreme Court of the Russian Federation.
6. In the case of checking the constitutionality of the provisions of the second paragraph of paragraph 1 of Article 2-FZ “On state registration of rights to real estate and transactions with it” in connection with the complaint of citizen N. N. Marasanov : Resolution of the Constitutional Court of the Russian Federation of November 10, 2016 No. 23-P // Collection of Legislation of the Russian Federation. 2016. No. 47. Art. 6724. (In Russ.)
7. In the case of checking the constitutionality of the fifth part of Article 157 of the Labor Code of the Russian Federation in connection with the complaint of citizen L. A. Minina: Resolution of the Constitutional Court of the Russian Federation of October 6, 2021 No. 43-P // Rossiyskaya Gazeta. 13.10.2021. No. 233. (In Russ.)
8. Bondar N. S. The value of the Constitution of Russia as a legal act and a socio-cultural phenomenon (to the 20th anniversary) // Journal of Constitutional Justice. 2013. No. 6. P. 13–24. (In Russ.)
9. Generalization of the practice and legal positions of international treaty and non-treaty bodies operating in the field of protecting human rights and freedoms on the protection of a person’s right to life (approved by the Presidium of the Supreme Court of the Russian Federation in 2021 // official website of the Supreme Court of the Russian Federation https: //www.vsrf.ru/documents/international_practice/30129/ (date of access: 20.03.2022). (In Russ.)
10. Kranzeeva E. A., Golovatsky E. V., Orlova A. V., Burmakina A. L. Meanings of life in the assessments and expectations of residents of the region (results of focus groups in the Kemerovo region) // Sociological Research. 2020. No. 11. P. 58–67. (In Russ.)
11. Ilyinykh S. A. Quality of life according to a survey in Novosibirsk. Sotsiologicheskie issledovanija. 2019. No. 6. P. 140–145. (In Russ.)
12. Nevinsky V. V. The human right to a decent life in the system of constitutional values of Russia (not a taken boundary of post-Soviet history) // Constitutional and municipal law. 2018. No. 12. P. 56–65. (In Russ.)
13. No. 11. (In Russ.)
