Impact of Constitutional Control on the Development of Pension Legislation and Enforcement
- Authors: Guseva T.S.1
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Affiliations:
- North-West Branch, Russian State University of Justice
- Issue: No 2 (2025)
- Pages: 25-33
- Section: Public law (state law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364370
- DOI: https://doi.org/10.37399/issn2072-909X.2025.2.25-33
- ID: 364370
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Abstract
The process of constitutional control identifies and removes regulatory defects: gaps, contradictions and uncertainty, which are essential for a coherent legal system. The result of constitutional control is the impulse to the development of pension legislation and the basis for law enforcement decisions. Considering that the instability of the pension legislation affects the legal situation of millions of citizens (current and future pensioners) and prevents the formation of uniform law enforcement practices in both the exercise of the right to a pension, and in the formation of pension rights, the study of the practice of the Constitutional Court of the Russian Federation on pension provision is of interest to both academics, legislators and law enforcement officials.
The aim of the research is to identify and study the ways in which the constitutional control affects the development of legislation and law enforcement in the field of pensions.
Research methods: general scientific (dialectical, logical, system, analysis, synthesis) and special (comparative-legal and formal-legal). The subject of scientific research is ways to overcome the defects in the legislative regulation of pension provision by the Constitutional Court of the Russian Federation; decisions of the Constitutional Court of the Russian Federation and pension legislation.
The main ways of constitutional control (disqualification of legal norms recognized as non-constitutional, temporary regulation and constitutional interpretation) and proved their impact on the development of pension legislation and law enforcement. It has been established that the implementation by the legislator of the prescriptions of the Constitutional Court of the Russian Federation without taking into account the systemic approach significantly reduces the effectiveness of legal regulation.
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About the authors
Tatiana S. Guseva
North-West Branch, Russian State University of Justice
Author for correspondence.
Email: tanya1931@rambler.ru
ORCID iD: 0000-0002-9777-7064
Doctor of Science (Law), Associate Professor, Professor of the Civil Law Department.
Russian Federation, St. PetersburgReferences
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