Constitutional value of freedom of labor in the context of the principles of social state and social justice

 
PIIS160565900027846-4-1
DOI10.61205/S160565900027846-4
Publication type Article
Status Published
Authors
Occupation: Head of the Department of Theory of State and Law, Labour Law
Affiliation: South Ural State University
Address: Chelyabinsk, 149 Kommuny St., office 304
Journal nameJournal of Russian Law
Edition
Abstract

   Axiological study of freedom of labor is aimed at identifying the essence and meaning of the relevant constitutional provisions, their place in the system of constitutional and legal prescriptions and correlation with the principles of the social state and social justice. Freedom of labor does not have a clear expression in the Constitution of the Russian Federation, and therefore it is understood in science and law enforcement practice as a principle, as a human right and as a natural good. At the same time, the value content of freedom of labor in constitutional-legal science and in the practice of the Constitutional Court of the Russian Federation is not defined.

The purpose: to determine the normative and semantic content of the constitutional value of labor freedom. To achieve this goal it is necessary to solve a number of tasks: to define the concept of constitutional values, to correlate the concept of the constitutional value of freedom of labor with various constitutional and legal forms, to identify the content of the constitutional value of freedom of labor, based on the analysis of various constitutional provisions and materials of practice of the Constitutional Court of the Russian Federation.

Methods: general scientific methods of analysis and synthesis, system approach; special-legal methods: axiological, formal-legal, comparative-legal, historical-legal. 

Research results and conclusions: freedom of labor in the constitutional-value dimension is a complex, multidimensional concept represented in the text of the Constitution of the Russian Federation by a number of normative prescriptions. The Constitutional Court of the Russian Federation endows freedom of labor with the quality of constitutional value, but situationally gives it different content depending on the practical context. The fundamental content of the constitutional value of freedom of labor is that it is an element of the social state, and therefore it is associated not only with individual freedom, but also with social justice. As such, freedom of labor is associated not so much with the state-recognized possibility of a citizen to work or not to work, but with the ability to choose a type of activity and profession taking into account internal needs, in the absence of any forms of coercion and on the basis of compliance with the requirements of decent work guaranteed by the Constitution of the Russian Federation and current legislation.

The purpose: to determine the normative and semantic content of the constitutional value of labor freedom. To achieve this goal it is necessary to solve a number of tasks: to define the concept of constitutional values, to correlate the concept of the constitutional value of freedom of labor with various constitutional and legal forms, to identify the content of the constitutional value of freedom of labor, based on the analysis of various constitutional provisions and materials of practice of the Constitutional Court of the Russian Federation.

Methods: general scientific methods of analysis and synthesis, system approach; special-legal methods: axiological, formal-legal, comparative-legal, historical-legal. 

Research results and conclusions: freedom of labor in the constitutional-value dimension is a complex, multidimensional concept represented in the text of the Constitution of the Russian Federation by a number of normative prescriptions. The Constitutional Court of the Russian Federation endows freedom of labor with the quality of constitutional value, but situationally gives it different content depending on the practical context. The fundamental content of the constitutional value of freedom of labor is that it is an element of the social state, and therefore it is associated not only with individual freedom, but also with social solidarity and justice. As such, freedom of labor is associated not so much with the state-recognized possibility of a citizen to work or not to work, but with the ability to choose a type of activity and profession taking into account internal needs, in the absence of any forms of coercion and on the basis of compliance with the requirements of decent work guaranteed by the Constitution of the Russian Federation and current legislation.

Keywordsconstitutional axiology, constitutional value, freedom of labor, constitutional principle, social state, social justice, decent work
Received23.10.2023
Publication date13.12.2023
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