Baymatov, P.N. Distinguishing the competence of the Russian Federation and its constituent subjects when implementing the constitutional right of citizens to social guarantees: evolution and current situation

Abstract: The federal structure of the Russian Federation, as enshrined in the Constitution of the Russian Federation provides for delineation of objects of competence and powers between the state government bodies of the Russian Federation and the government bodies of its constituent subjects. The object of study in this article regards distinguishing the competence of the Russian Federation and its constituent subjects when implementing the constitutional right of citizens to social guarantees at various historic stages of its development. The author shows topical issues in the sphere of distinguishing the functions and constitutional obligations of the state in the sphere of social guarantees between of the Russian Federation and its constituent subjects: evolution and current situation. The said issues are studied with the use of logic and systemic analysis, analysis and synthesis, formal legal and comparative legal methods, as well as historical comparative method of cognition. The article provides and supports the thesis, according to which constitutional right to social guarantees should be within the sphere of competence of both the federal center and the constituent subjects of the Russian Federation depending on the elements being regulated, and such situation should be preserved non withstanding historic stages of its development, centralization or decentralization of competence. Based upon the study the author draws a conclusion on the need to provide greater role for the Russian Federation in the sphere of implementation of the constitutional right of citizens to social guarantees, as a necessary condition for preservation of the united legal territory of the state and implementation of the principles of social state.

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