ON THE DEFINITION OF THE CONCEPT «CONSCIENCE» IN RUSSIAN CONSTITUTIONALISM

Author(s): Zenkovsky A.V., Tarasevich I.A.

Rubric: Content, problems and trends in the development of public law

DOI: 10.21777/2587-9472-2026-2-19-25

Release: 2026-2 (50)

Pages: 19-25

Keywords: conscience, constitutionalism, legal culture, morality, Russian Constitution, freedom of conscience, law, justice, religious values, mercy

Annotation: This article examines the concept of “conscience” as a moral-legal phenomenon in the context of Russian constitutionalism, where it acquires both juridical and profound cultural-philosophical significance. The authors emphasize the uniqueness of incorporating the term “conscience” into the legislation of the Russian Federation. Conscience is analyzed not only as a category of personal morality, but also as a principle serving as the foundation for civic engagement and moral choice of the individual in the public sphere. The study encompasses several levels of understanding conscience: legal, cultural, religious, and philosophical. The authors trace how conscience in the Russian legal tradition has been linked to the concepts of justice, mercy, moral feeling, and inner law. Significant attention is devoted to historical and religious sources, including Orthodox ethics, which influenced the formation of national legal consciousness. In this context, conscience is interpreted not as subjective opinion, but as a universal moral compass possessing a supra-personal nature. The legal dimension of conscience is examined within the context of Russian legislation-particularly in criminal procedural law and constitutional law as a whole. The authors challenge the narrowly liberal interpretation of conscience, emphasizing its religious-spiritual dimension. Conscience is viewed as a means of maintaining sustainable social development. In conclusion, an amendment to the Preamble of the Russian Constitution is proposed. Thus, the article offers an original perspective on conscience as a constitutional-legal value of key importance for establishing a humanistic legal order in Russia. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Zenkovsky A.V., Tarasevich I.A. ON THE DEFINITION OF THE CONCEPT «CONSCIENCE» IN RUSSIAN CONSTITUTIONALISM // Journal of Legal Sciences. – 2026. – № 2 (50). – С. 19-25. doi: 10.21777/2587-9472-2026-2-19-25