constitution

Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.

Introduction. This article analyzes the constitutional legislation of foreign countries for the existence of a normative consolidation of the category of “public control” in it. The article studies the legal and technical approaches to determining the content of this concept, applied in foreign countries, as well as general and specific features of the institutionalization of public control in national legal systems. The main goal of the work is to study the peculiarities of the legal understanding and the rightful implementation of public control in foreign countries.

Results. The author analyzes the norms of the constitutions of foreign states, which strengthen the foundations of democracy. The article shows the dependence of the use of the category of “public control” in the constitutional legislation of countries depending on the national peculiarities of the organization and functioning of political and legal systems. Particular attention is paid to the influence of the Russian legal system on the development of legislation in the sphere of public control in the CIS countries.

Сonclusion. The author comes to the conclusion that foreign countries rarely use the concept of public control, replacing it in most cases with the concept of civic participation, which presumes essentially identical forms and ways of interaction between the state and civil society.

Legal responsibilities of an individual are a kind of legal social norms. Every member of the society has a legal obligation (general, special, individual). Highlights from the legal obligationsenshrined in the states’ Constitutions. Purpose of article – to determine the total (theoretical) and specific constitutional duties of the individual. Results. Different theoretical approaches regarding the definition of «individual legal obligation» are analyzed as well as the justification of the values of the individual legal responsibilities to the state, society and citizens are identified. Common features of all the legal responsibilities of the individual are identified. Conclusions. Constitutional responsibilities are peculiar to all the features of the legal obligations. Constitutional responsibilities also have specific features caused by the Constitution of legal properties (they have a universal character, are the base for all other legal obligations, provide the ability to create order based on law in the society and the state, they are one of the conditions of existence of the state).