THE ISSUES OF MOBILIZATION IN THE CONTEXT OF THE CONSTITUTIONAL RIGHT TO SOCIAL SECURITY

Abstract

During the military actions unleashed by the Azerbaijani side in September-November 2020, some social problems of persons undergoing mobilization military service were identified, the need for regulation of which stems not only from the constitutional right to social protection, but also from the idea of a self-proclaimed social state.

The purpose of this study is to emphasize the social problems of mobilized citizens, show international experience in solving such issues, the shortcomings of domestic legislation, the relationship between practical problems and legislative norms and, as a result, present clear proposals for solving these problems in the context of the idea of a social state and the constitutional right to social protection.

As a result of the discussion, it was concluded that in the domestic legislation there are no provisions not only providing for the possibility of maintaining the wages of persons undergoing mobilization military service, but also providing opportunities to eliminate or reduce the impossibility of fulfilling certain civil duties of citizens during mobilization military service, as well as eliminating or reducing possible negative consequences arising from this. As a result, it was proposed to consolidate such norms at the legislative level, taking into account the individual cases of each citizen undergoing mobilization military service; when introducing such norms, take into account the financial and economic situation of the state, and also not neglect the need for uninterrupted work of employers whose employees were called up for military service.