Poverty as a sociological, economic, psychological and legal category. Part 1. Prerequisites for scientific understanding of the phenomenon of poverty in modern Russia by lawyers

Volume 5, Number 4, 2020, P. 451–461

[ JURIDICAL SCIENCES ]

Article (file: pdf, size: 549 KB, downloads: 351)

Abstract:

The article is devoted to the study of poverty from the standpoint of law using scientific achievements of sociology, economic theory, and psychology in this field. Consideration of poverty as a legal phenomenon is necessary for the development of legal policy in this area and the effective implementation of legal regulation in order to prevent poverty as a negative phenomenon of socio-economic life of society. The main characteristics, criteria and indicators of poverty, legal principles for combating it should be prescribed legislatively. Then on this basis it may be possible to develop appropriate legal means and construct specific legal mechanisms from them aimed at gradually localizing, minimizing and overcoming poverty, and in the long term – its complete eradication. For such work, it is necessary to conduct preliminary research at the interface of law and sociology, economic theory, psychology. The first part of the article is introductory in nature, it examines the history of the issue, poses the problem, analyzes modern sources of law of a political and legal nature and legislative acts related to countering poverty and related negative phenomena, as well as the state of legal research in this area.

Keywords:

poverty, legal categories, sources of law of a political and legal nature, legal policy to overcome poverty, effectiveness of social legislation, legal status of the poor

Author:

Mikhail A. Mushinskiy, Cand. Sci. (Jurisprudence), Associate Professor of Jurisprudence Department, Irkutsk National Research Technical University, Irkutsk, Russia

For citation:

Mushinskiy М.А. (2020) Poverty as a sociological, economic, psychological and legal category. Part 1. Prerequisites for scientific understanding of the phenomenon of poverty in modern Russia by lawyers. Sotsial’naya kompetentnost’ = Social Competence. Vol. 5. No. 4. P. 451–461. (In Russ.)

References

  1. Aristov EV (2015) Poverty: concept and phenomenon. Legal aspect. Moscow: UNITI-DANA: The law and the right. 79 p. (In Russ.)
  2. Aristov E.V. (2016) Poverty and misery in the legal space of the social state as its antagonists. Pravo i gosudarstvo = The Right and the State. No. 2 (71). P. 82–85. (In Russ.)
  3. Batyrov T.D. (2020) Kudrin predicted an increase by 1 million in the number of people living in poverty in Russia. Electronic mass media “Forbes”. Аvailable from: https://www.forbes.ru/newsroom/obshchestvo/414941-kudrin-sprognoziroval-rost-chisla-bednyhv-rossii-na-1-mln-chelovek (Accessed 11 December 2020). (In Russ.)
  4. Berzin V.A. (2016) The world of global poverty and misery from the point of view of legal science: some considerations inspired by reading the scientific monograph by E.V. Aristov “Poverty: concept and phenomenon. Legal aspect”. Pravo i obrazovanie = Law and Education. No. 2. P. 167–170. (In Russ.)
  5. Grebennikov V.V. (2016) On the legal understanding of the phenomenon of poverty. Review of the monograph by E.V. Aristov “Poverty: concept and phenomenon. Legal aspect”. Vestnik Permskogo universiteta. Yuridicheskie nauki = Bulletin of Perm University. Legal science. Iss. 1(31). P. 16–19. (In Russ.)
  6. Kostikov V. V. (2020) What is poverty silent about. Argumenty i fakty = Arguments and Facts. No. 50. P. 5. (In Russ.)
  7. Kubi Genevieve (2005) Poverty as a violation of human rights. Mezhdunarodnyj zhurnal social’nyh nauk = International journal of social Sciences. No. 50. P. 165–176. (In Russ.)
  8. Okhotskiy E.V. (2017) On the problem of poverty in the scientific and theoretical interpretations of the jurist Yevgeny Aristov. Review of the scientific monograph “Poverty: concept and phenomenon. Legal aspect” (Moscow: UNITIDANA: The law and the right. 2015. 79 p.) and scientific publication “Guarantees of the principle of sociality of the state in the constitutions and charters of the subjects of the Russian Federation and foreign states” (Moscow: UNITI-DANA: The law and the right. 2016. 147 p.). Pravo i gosudarstvo: teoriya i praktika = Law and State: Theory and Practice. No 6 (150). P. 145–148. (In Russ.)
  9. Pariagina O.A. (2004) The right to protection from poverty. Russian perspective. Sibirskij yuridicheskij vestnik = Siberian legal Bulletin. No 2. P. 52–57. (In Russ.)
  10. Chelnokova G.B. (2013) The subsistence minimum and minimum wage are the main criteria to determine poverty in the social legislation of Russia. Aktual’nye problemy rossijskogo prava = Current problems of Russian law. No. 11 (36). P. 1411–1416. (In Russ.)