The child and the Constitution of Russia: Conversations about important issues

Introduction. The presumption of knowledge of the law and laws of the state assumes that every citizen knows the necessary amount of legal information sufficient to fulfill the basic obligation to comply with the Constitution and laws of the Russian Federation. Accordingly, the study of the Constitution of the Russian Federation and basic laws is mandatory and should be integrated into educational programs at all levels. Special attention should be paid to the constitutional and legal education of children, because at this age the model of behavior, which a person will follow in the future, is laid. Theoretical analysis. The study of the Constitution of Russia in childhood and adolescence is based on the concept of meta-law, which asserts the unity of law, religion, philosophy, science, and art. In the educational paradigm of meta-law, the Constitution is perceived through spiritual and moral values, ethical, moral attitudes, confirming by legal authority the correctness of the ideas about what is due that the child has learned. The initial stage of studying the Basic Law of the country may coincide with the child’s study of the alphabet, when individual letters of the alphabet will be fixed in the child’s memory by the example of categories of constitutional law that are accessible to understanding. It is fruitful to address the content of the Constitution of Russia through the prism of elementary plots of folk tales reflecting the archetypes of popular consciousness. Through the fairy tale, the child is introduced to the national worldview, learns to recognize himself or herself as part of the multinational people of the Russian Federation, who embodied their political will in the Basic Law of the country. Folk art expresses an ideal presented in an artistic form. The Constitution legally formalizes the people’s idea. That is why legal folklore studies should be integrated into educational programs in literature, social studies, and jurisprudence. Works of children’s fiction devoted to the Basic Law of the country are the most correct form for the perception of the text of the Constitution by children aged six to eight. Serious discussions about the Constitution of Russia, the history of the constitutional idea in our country, political power and constitutional practice of the state should take place at high school age. The choice of a form of submission of constitutional and legal information is determined by mental generational characteristics of children in accordance with the information environment in which their formation and development took place. Results. The authors conclude that the theory of the Constitution should be integrated into the program of basic general education and offer the fundamentals of a specialized pedagogical strategy for studying the Constitution by children. The methodology of studying the Constitution by children determines the identity of the legal system of Russia, where moral norms, ethics, morality, culture are the co-regulators of law. The format of educational practices depends on the stages of growing up, socialization and individualization of the child.

Legal State and State Compulsion

The article analyzes the problems of state compulsion in a legal state as the primary method of control. The author, using the historical method, demonstrates the practical application of compulsion in the Russian state. Indicated that, in the modern state compulsory measures can be used in several guises. In particular, as a means of overcoming social conflict and the fight against terrorism. There are several arguments justifying the need for compulsion in the modern legal state.

evelopment of Some Aspects of Political and Legal Conceptions of Power in Europe

The article focuses on the concept of power in various doctrines of European countries and its functioning within the doctrines before the concept of institution of state based on the rule of law emerged.

Institutional Maintenance of Strategic Planning of Territorial Development in Russia

Now interests of realization of a system territorial policy only in small degree are reflected in the current legislation. However, considering that the majority of territorial programs has a strongly pronounced regional orientation, follows more accurately oriented the legislation on the decision of priority, strategic problems of territorial management. The directions of modernization of legal base offered by the author in the field of target programming of territorial development should be considered among obligatory preconditions for creation of the effective mechanism of the state regional policy.

Conceptual foundations of the Western communicative theory of law: Nicholas Luhmann

Introduction. The article deals with the theory of law by Nicholas Luhmann as one of the most important conceptual and methodological sources of Western communicative theories of law developed in the context of post-metaphysical thinking in social theory. Theoretical analysis. In the social system of Luhmann, communication communicates, so the concept of Luhmann belongs to the number of non-subjective ones. The legal system in this concept is formed by the diff erentiation of communications, thanks to which a legal co de arises. On its basis, specifi c communications are redefi ned, being included in the legal system. The function of the legal subsystem is to stabilize other subsystems by normalizing the expectations of counterparties and “monitoring” all subsystems. Empirical analysis. Luhmann shows that the justifi cation of law within law is impossible due to the paradox of self-application – law cannot determine whether it is itself a law. The logical paradoxicity of law does not cancel its functionality, since the basis of law is transcendent and is brought into the political system. Results.The Luhmann model of autopoiesis is not correlated with usnaturalism, since it is focused on the processes of social self-organization. It refl ects the classical explanatory schemes traditional for legal positivism, since positivization is ultimately subordinated to the transcendent political basis of law.

The Legal State as a Problem of Professional Consciousness of Lawyers

Introduction. There is no sufficient difference in comprehension of the law-governed state in legal literature and research. Focusing on the existing theories of the law-governed state, modern authors of scientific publications and manuals compose lists of features of the “true law-governed state”, “welfare state” as well as their antipode – “police ridden state”. Theoretical analysis. The phenomenon of the law-governed state is existing in the normative ideological, institutional and functional dimensions. Due to the national conditions of development of Russia around the turn of the past and current centuries, a specific institutional design has been formed. Sometimes it does not coincide with the normative character of Russian rule of law depicted in the Constitution of the Russian Federation. Empirical analysis. A sociological study was conducted among law students of the undergraduate program (full-time and part-time). The objective of the study was to establish exactly how students, future qualified employees of law enforcement agencies and public administration bodies, understand what the rule of law is. In total, 90 respondents aged 19–21 were involved. They were asked 5 questions regarding the characteristics of the “legal”, “police” and “social” states and template answers. Of these, respondents could freely and in unlimited number choose ones that are more in line with their understanding of the subject of the survey. Results. The survey revealed that law students quite successfully solve the problem of distinguishing between different types of states. However, they do not see the general direction in which a significant change in the characteristics of the state could give rise to some of its fundamentally new qualities.

Antimonopoly Compliance in Russia

Introduction. The article deals with topical issues of universal introduction of antimonopoly compliance as one of the ways of law enforcement and law and order in the country. The author of the research relies on the analysis of various normative legal acts in the field of antimonopoly regulation and development of competition. Theoretical analysis. The author claims that emergence of the problems in the field of competition on the Russian market was caused by the heritage of the Soviet command economy and subsequent stagnation of economic activity. The analysis of key problems in the field of antimonopoly regulation and development of competition is carried out within the search for the mechanism of improvement of this management sphere. This includes creation and organization of a system by federal organs of the executive authorities to ensure the compliance with requirements of the antitrust law. Empirical analysis. The article is aimed at logical and systematic description of pluses and minuses of antimonopoly compliance both from the point of view of theorists and practitioners of law, and in terms of balance of interests of business and authorities for the sake of prosperity of society. Results. In the developing conditions of national economy, antimonopoly compliance will gain value of one of the most effective mechanisms of realization of public policy in the field of providing law and order and legality. Coordination of actions of executive authorities of all levels, business and society within creation and organization of the system, that will ensure compliance with the requirements of antitrust law, will be a guarantee of the successful future of our country.

Constitutional Law of Military Servicemen for Housing: Questions of Legal Regulation and Implementation

Introduction. Military personnel belongs to the category of citizens to whom granting premises by the state is guaranteed. Guarantees of the housing rights of the military personnel are caused by their special status.In this article, the author focuses on the special status of servicemen and the realization of their right to housing. Discussion. Special legal status of the military personnel means legislative restriction of some of their rights and freedoms and also granting additional measures of social support. One of the most significant for the serviceman and members of his family of the social and economic rights can call the right for provision of housing.The examines some aspects of the legal regulation of housing rights of servicemen, examines the specifics of the realization of such rights. Within the framework of this article, the main problems of implementation practice in this area are formulated. Conclusion. The article analyzes the constitutional right of citizens to housing, the specifics of its implementation with regard to servicemen, examines some problems and contradictions in the legal regulation in this sphere.

Sexual and Reproductive Rights and Freedoms in the Constitutions and Legislation of Foreign States

Introduction. The United Nations and the World Health Organization are completing the formation of an international system of sexual and reproductive rights and freedoms, carrying out the implementation provisions of this system into national law. The ongoing process obeys to a number of general rules, whose analysis is carried out in this article. Object. Universal patterns in the development of sexual and reproductive rights and freedoms, using as illustrations of this development the constitutions and the laws of India, Switzerland and Gabon. Results. The author analyzes the constitutional establishment and regulation of sexual and reproductive rights and freedoms in the studied countries. The studied countries are located at different stages of the process of achieving the highest possible level of compliance and protection of sexual and reproductive rights and freedoms. Conclusion. The process of achieving the highest possible level of compliance and the protection of sexual and reproductive rights and freedoms proceeds inductively. The article presents a model of this process.

The Political and Legal Basis of interaction of Business Ombudsman with Authorities and Other Organizations on Protection of Rights and Legal Interests of Subjects of Entrepreneurial Activity (based on performances at the III International Conference «Mo

Introduction. At the present stage of development of the institution of human rights and individual categories of citizens in the Russian Federation is particularly important legal analysis of the Commissioner’s powers to protect the rights of entrepreneurs on the federal and regional level in the Russian Federation. At the present stage, this institution is developing intensively. Implementation of office business ombudsman directly related to the problems of its interaction with various public authorities to protect the rights of business entities. Methods. Methodological basis of research supports internally interconnected complex methods of cognition: systematic and structural, functional, logical, historical. Basic general legal methods are the comparative legal and legalistic, allowing the author to explore the legal basis for the organization and activities of the institution of the protection of entrepreneurs’ rights in Russia at the federal level and the level of subjects of the Russian Federation (on the example of the Saratov region). Results. It is stated that in the activity authorized are not independent, as evidenced by the order of their appointment and the early dismissal, the formation and operation of the machine, as well as reporting and monitoring of their activities on the part of officials in which they are created. The author comes to the conclusion that 1) improve the legal regulation and practice of implementing powers business ombudsman at the federal and regional levels, 2) bringing the legislation of the Russian Federation in accordance with the common federal requirements.