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"Legal sciences"

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RUSSIA AS THE SUCCESSOR OF THE USSR IN THE FIGHT AGAINST FASCISM: CONSTITUTIONAL AND EXISTENTIAL DETERMINANTS

Page:28-35

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-28-35

Annotation: The article describes the constitutional and legal foundations of the struggle against fascism in modern Russia as the successor of the USSR. The author substantiates the need to use the definition of fascism given by Soviet scholars, taking into account their existential experience of generations who survived fascist aggression. The article provides a comparative analysis of the approach to defining the concept of fascism by Soviet authors and Western researchers, reveals the differences and reasons that prompted Western researchers to interpret this concept differently. The article substantiates the existential approach, analyzing scientific and legal concepts through the personal experience, values, and worldview of their authors. It reveals the anti-fascist orientation of the norms of the Russian Constitution, enshrining the succession of the USSR, the ideals of ancestors, belief in God, and social solidarity. The conclusion is made about the need for direct constitutional enshrinement of the fight against fascism around the world as Russia’s historical mission. The results of the article are important for the forming of modern Russian constitutionalism and state ideology.

IMPACT OF LEGAL EDUCATION ON THE PROTECTION OF CONSTITUTIONAL RIGHTS OF CITIZENS

Page:32-37

Release: 2024-4 (44)

DOI: 10.21777/2587-9472-2024-4-32-37

Annotation: The article analyzes the impact of legal education on the protection of constitutional rights of citizens. The article examines the main factors contributing to the growth of legal literacy of the population and effective defense of constitutional rights by citizens. The author analyzes the correlation between the level of legal culture of citizens and their ability to protect their rights. The problem of the insufficient level of education of the population in mod- ern society comes to the fore, especially when forming a development strategy. The importance of legal education as a tool for improving legal culture creates the need to analyze the current state of society. The relevance of the research topic is due to the identification of the degree of influence and effectiveness of legal education on the protection of constitutional rights. In the context of the article the relationship between the level of legal culture and the actions of citizens in accordance with the algorithm of realization and protection of their rights is inves- tigated. It is important to note that the given examples demonstrate how the increasing level of legal awareness affects the quality of life of society. The above statistical data allow us to identify trends in the legal interest of citizens and assess the dynamics of their involvement in the protection of their legitimate interests. A process of integration of modern technologies into the process of legal information of the population is observed. The study of the results of the work of the Constitutional Court for a certain period of time allowed us to verify the close relationship between the processes of legal education and the level of observance of constitutional rights of citizens.

ON THE ISSUE OF THE IMPORTANCE OF THE METHODOLOGY OF THE SCIENCE OF CRIMINAL EXECUTIVE LAW

Page:32-35

Release: 2024-1 (41)

DOI: 10.21777/2587-9472-2024-1-32-35

Annotation: The subject of the research is the concept and significance of the methodology of the science of criminal justice, its role in the activities of the penal system, the training of specialists for institutions and bodies executing pun- ishment. The purpose of the work is to study issues of methodology of the science of penal law. When studying the problem, dialectical, formal-logical, system-structural methods were used. The article describes the views of scientists on the methodological foundations of the science of penal law, and examines certain aspects of its significance for theory and practice. Dialectical and historical materialism form the basis of the methodology of the science under consideration; private scientific and special methods of cognition are also used. It is con- cluded that the training of highly qualified specialists for the penal system, other state and non-state (private) organizations involves studying the methodology of special sciences in the specialization (profile) of training, the methodology of the science of criminal justice contributes to the implementation of theoretical knowledge in practical activities in the field of execution of punishments and other areas of life.

ON THE ISSUE OF LEGAL PROTECTION OF INTANGIBLE CULTURAL OBJECTS IN THE RUSSIAN FEDERATION

Page:36-43

Release: 2024-3 (43)

DOI: 10.21777/2587-9472-2024-3-36-43

Annotation: The article is devoted to the problems of legal protection of the intangible ethno-cultural heritage of the Rus- sian Federation. The analysis of the current situation of protection of these facilities in Russia is preceded by a review of international acts of similar content. Several possible ways to apply forces to improve the protection of intangible cultural assets are outlined. First, this is a wider representation of Russian culture in the international arena. Second, elimination of the conflict in modern Russian law and law enforcement practice, which arose due to the incomplete change of the name of the object of protection. Third, strict compliance with the requirements of Article 6 of the Federal Law «On Intangible Ethnocultural Heritage Of the Russian Federation», which provides for the division of objects of intangible ethnocultural heritage into three categories: federal, regional and local (municipal) significance. Therefore, the federal register should include only those objects that really represent a special historical, cultural and scientific value for the history and culture of the Russian Federation. Fourth, it is to clarify the list of objects of intangible ethno-cultural heritage. It was recommended to include traditional symbols, as well as to emphasize their cultural-historical, spiritual and moral value in the laws on state symbols. In the text of the article, the Russian Federation is abbreviated as RF.

ON THE SPIRITUAL FOUNDATIONS OF STATE SOVEREIGNTY: LEGAL UNDERSTANDING OF FREEDOM OF CONSCIENCE IN MODERN CONSTITUTIONALISM

Page:36-45

Release: 2024-2 (42)

DOI: 10.21777/2587-9472-2024-2-36-45

Annotation: The purpose of the article is to analyze the necessity and regularity of the birth of the idea of a moral state through the enhancement of freedom of conscience in modern society. The legal understanding of freedom of conscience is one of the spiritual foundations of state sovereignty. The research methodology includes the methods of historical and legal analysis with an interdisciplinary approach, abstraction and mental modeling, compara- tive legal analysis, and the ascent from the abstract to the concrete. The definition of freedom of conscience and ideological foundations of a moral state is given. It is the moral and ethical foundations of the Constitution that form the socio-cultural line of development of modern civilization. On the example of specific decisions of the European Court of Human Rights, the position of the Council of Europe, it is concluded that the secularism of the European Enlightenment led to an equalization in the representation of Western public consciousness of good and evil, that in Western countries there is a forced moral neutrality of society, giving rise to immorality and permissiveness. The analysis of various aspects of the understanding of freedom of conscience as a basic value, without which the sovereignty of the modern state is impossible, is important for the further development of legal understanding, for teaching the theory of state and law and constitutional law in universities.