Comparative characteristic of social and security privileges and privileges
In article it is emphasized that the principle of legal equality proclaimed in the Constitution of the Russian Federation is a legal basis for action of the principle of unity of legal regulation. Nevertheless, the principle of unity of legal regulation does not exclude need of differentiation for legal regulation in connection with various features of separate categories of citizens (physiological features, age, conditions of accommodation and work, etc.). In article the legal nature of privileges and privileges is analyzed, concepts of privileges and privileges from semantic positions are investigated, similar and distinctive signs of privileges and privileges as ways of differentiation in legal regulation are considered. It is claimed that these concepts are close, but are not identical though are often used by the legislator as equivalent. It is emphasized that differentiation of these categories is necessary from theoretical and practical positions. From the theoretical point of view this differentiation is necessary for purity of definition, formation of a conceptual framework, in order to avoid confusion in the use of concepts and terms. From a practical position it is important to aim the legislator at acceptance adequate to time and living conditions of society of regulations. Conclusion is proved in article: privileges and privileges are united that these both legal means - the exception of the general rules allowing to improve the provision of subjects, but this exception becomes differently: in the first case - by means of simplification of provision of a subject, in the second - by means of additional granting to the rights which are available for the subject. The Russian and international experience of social policy in the sphere of use of privileges and privileges is given in article, introduction of amendments to the current legislation regarding more accurate use of concepts and terms for the purpose of their differentiation, unreasonable and inexpedient substitution of one concept - another, not corresponding its social essence and appointment is told about need.
Keywords
правовое равенство, дифференциация, льготы, привилегии, legal equality, differentiation, privileges, privilegesAuthors
Name | Organization | |
Pashkova Galina G. | Tomsk State University | lapuly@mail2000.ru |
References

Comparative characteristic of social and security privileges and privileges | Tomsk State University Journal of Law. 2018. № 30. DOI: 10.17223/22253513/30/17