Equality And Inequality In a Legal Social State

The constitutional social state enshrined in the Constitution of the Russian Federation is a complex dialectical concept. The concepts of both the constitutional and social states contain both similarities and differences, including certain discrepancies that require legal regulation. One of the foundations of these discrepancies is the fundamental concepts of equality and inequality in their dialectical unity. Moreover, equality acts rather as a normatively enshrined ideal of the state of society, and inequality is its actual state. The objective of the study: to consider the relationship between the concepts of equality and inequality, their components and to provide definitions. To develop adequate normative regulation in a legal social state, it is necessary to distinguish between natural, legal, discriminatory and inhumane types of inequalities. Research methods: to establish the phenomenology, internal relationships and the meaning of equality and inequality in a legal social state, a set of methods was used: general scientific methods - analysis and synthesis, comparison and generalization, induction and deduction, abstraction, historical, systemic, structural-systemic approaches and methods of formal and dialectical logic. As well as specific scientific approaches: comparative legal, dogmatic and social analysis, and sociological consideration. The article proposes draft definitions of types of inequalities and analyzes their content. The relationship between natural and positive law is also examined in relation to the concept of a rule-of-law social state.