PROTECTION OF THE CITIZENS’ SOCIAL RIGHTS IN THE SPHERE OF BUDGET FINANCING BY PROSECUTOR GENERAL’S OFFICE OF THE RUSSIAN FEDERATION

Abstract

Objective: To define the goals, tasks and role of Prosecutor’s Office in protection of citizens’ social rights in the sphere of budget financing. Methods: formal-juridical method and juridical modeling method. Results: The legal nature of social support and social aid measures for certain categories of citizens is defined; the author distinguishes the public normative obligations arising from obligatory social guarantees, and additional social guarantees provided in addition to the legally stated ones. It is proved that establishing the additional measures for social guarantees cannot abuse the citizens’ rights for obtaining obligatory social guarantees. It is concluded that the existence of public-legal establishment in the regime of limited status in compliance with Art. 130 and 136 of the Russian Federation Budget Code is an absolute prohibition for providing the additional measures for social guarantees. Scientific novelty: For the first time the goal of human rights and liberties protection is viewed as an issue of prosecutor’s supervision over law execution and legality of acts in the budget sphere as a financial provision of social guarantees. The criteria are revealed for determining the tasks of prosecutor’s supervision, and the tasks of prosecutor’s supervision over law execution and legality of acts in the budget sphere. It allows, on the one hand, to ensure the complete and universal character of prosecutor’s supervision in a particular sector (direction, sphere), and achiving the unified goals of the Prosecutor’s Office of the Russian Federation, and on the other hand, to estimate the sufficiency of the authorities granted to the Prosecutor’s Office. Practical value: The correct task settting of Prosecutor’s supervision over laws execution and legality of acts in the budget sphere allows to ensure legality in the budget sphere, as well as the efficient prosecutor’s supervision.