The Constitutional Court of the Russian Federation in the protection of social welfare of maternity and paternity

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One of the directions of the social policy of the Russian state designed to ensure social protection of maternity and paternity is investigated in the article. The authors draw attention to the discussion points of the concept (evaluating it in the general system of current legal regulation) provided for by Part 1, Art. 38 of the Constitution of the Russian Federation which is of lack of indication to that fact that paternity is protected by the state. The authors discuss the problem of correlation of terms "maternity", "paternity", «parenthood», "citizens having children» considering them in the context of regulation of social welfare. Particular legislative amendments and additions related to the regulation of different aspects of the state support for citizens having children including maternity capital being a new form of social support in Russia are analyzed. Based on law enforcement practice the authors come to the conclusion about the necessity of further updating of legislation in regard to elimination of uncertainties in the legal regulation of the procedure for the appointment and payment of certain types of benefits to citizens having children.

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Ocial state, motherhood, paternity, constitutional litigation, legal uncertainty

Короткий адрес: https://sciup.org/140239830

IDR: 140239830

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