The concept of legal education, its significance in modern society. Legal awareness and legal education

Legal education - This is a purposeful activity of government bodies and the public to develop legal consciousness and legal culture among citizens and officials.

Legal education is a complex process that includes the following components:

1) subjects of education (state bodies, civil servants, politicians, teachers, journalists, etc.);

2) objects of education (citizens, work collectives, social groups, etc.);

4) methods of education (persuasion, encouragement, punishment and other methods of psychological and pedagogical influence on the object of education);

5) forms of education.

Forms of education include:

Legal education (consists in the transfer, accumulation and assimilation of legal knowledge at school, secondary specialized and higher educational institutions);

Legal propaganda (consists of disseminating legal ideas and legal requirements among the population through television, radio, and other media);

Legal practice (promotes the transfer of legal information, knowledge through the participation of citizens in the process, primarily law enforcement, etc.);

Self-education (related to personal experience, self-education, own analysis of legal phenomena).

Legal education cannot be reduced only to the legal awareness of citizens. This is a deeper process associated with awareness of the rights and freedoms of man and citizen, the provisions of the Constitution and the fundamental current laws.

53. Legal nihilism: concept, historical roots. Legal idealism

Legal nihilism is the denial of the social value of law; conscious disregard of the requirements of the law, that part of the legal consciousness that is sharply critical of the requirements of respect and observance of the law

At the end of the nineteenth century. In Russia, a process of growing legal nihilism was observed. A.I. Herzen wrote back in the early 50s that the legal insecurity that had weighed heavily on the people from time immemorial was a kind of school for him. The blatant injustice of one half of the laws taught the people to hate the other; he submits to them as a force. Complete inequality before the court killed all respect for the rule of law among the people. Russian, no matter what his rank, believes A.I. Herzen, - circumvents or breaks the law wherever this can be done with impunity; and the government is doing exactly the same.

As you know, L.N. Tolstoy had a negative attitude towards law, identifying it with the will of those in power elevated to law.

According to the Slavophiles, law replaced human conscience with police surveillance. Thus, K. Aksakov believed that the Russian people do not strive for state power or political rights, being a “non-state” people.

The main motive for the above conclusions was the belief in the incompatibility of law and morality.

A very common point of view was that legal nihilism in Russia intensified under the influence of the deep crisis of the “legal worldview” in the West, where the ideology of natural law at that time was virtually dead, and the “legal worldview” was considered outdated and could not withstand the crisis. Exceptional progressiveness was attributed to socialism. Premature infatuation with the latter later turned out to be one of the significant obstacles to the development of legal culture in Russia.

It can be assumed that in Russian legal nihilism one should see a dual historical nature: originally Russian and brought to Russia from the West.

This attitude towards law has varying degrees of intensity. Therefore, a distinction is made between passive and active forms of legal nihilism. The passive form is expressed in disbelief in the possibility of law, in non-recognition of its positive role in society (Slavophiles). Active form characterized by a hostile attitude towards laws and propaganda of one’s worldview among other citizens (anarchism).

Legal nihilism can be characteristic of society as a whole, a social group or an individual. He can be persistent and spontaneous. However, in any case, legal nihilism does not reach the stage of conscious violation of legal norms. It only means non-recognition of law, lack of faith in its social value.

The origins of such an attitude towards the law are rooted in distrust of the authorities, in the consideration of the law as an instruction, an order from the state, in the impunity of officials, in the discrepancy between the requirements of laws and reality, in the evils of justice, etc. This is largely facilitated by the imperfection and inconsistency of legislation , the inability of the authorities to curb crime, guarantee citizens their rights and protect them from arbitrariness, etc. Sometimes lawlessness is created in the name of the law, which formally covers up the criminal interests of private individuals and confirms the sayings: “where there are two lawyers, there are three opinions,” “what is the law?” “Wherever you turn, that’s where it came out.”

Forms of manifestation of legal nihilism include the perception of law only as a means of formalizing political decisions, the adoption of imperfect, unsecured legal acts, violation of human rights, weak personal security, which was largely the result of the implementation of the principle of famous fairy tale L. Filatova: “Act strictly according to the law, that is, act... On the sly,” etc.

Ways to overcome legal nihilism are associated with increasing the level of legal culture, developing a humanistic and effective legal policy, reassessing social values, adopting high-quality laws that express the interests of the recipients, increasing the efficiency of law enforcement agencies, etc.

Forms of expression of legal nihilism:

Direct intentional offenses

Substituting expediency for legality

Massive non-compliance with legal regulations

Human rights violations

Issuance of contradictory and mutually exclusive legal acts

Uncoordinated actions of authorities

Legal idealism (legal fetishism) is an exaggerated attitude towards legal means, an overestimation of the role of law and its capabilities, the conviction that with the help of laws all social problems can be solved.

Legal idealism is the direct opposite of legal nihilism, however, both of these categories have similar negative consequences in content. The category “legal idealism” was introduced into scientific circulation in 1994 by Professor N. I. Matuzov in the article “Legal nihilism and legal idealism as two sides of the same coin”

Representatives of legal idealism are confident that the adoption of good laws will be able to change the existing state of affairs in better side. However, this position is erroneous. Law, despite the many regulators, is not omnipotent, and legal methods of regulation require appropriate conditions for their implementation and the creation of a prepared ground for their action.

Legal idealism in the Russian Federationedit

In Russia, legal idealism received special development and spread in legal consciousness at the level of the state apparatus of power, and in the 1990s - among the broad masses, competing with legal nihilism.

54. Lawful behavior: concept, types

Lawful behavior is one of the types of legally significant behavior. Legally significant behavior is behavior that is regulated by legal norms, is typical and socially significant, conscious, entailing legal consequences of the behavior of the subjects.

Legally significant behavior has the following characteristics:

– the presence of behavior that is characterized by a socially significant, typical, conscious-volitional character;

– internal (manifested on the part of the subject) and external (acting on the part of the state) control;

– assessment by the state and official documentation in regulatory legal documents;

– detailed and fairly clear definition of prohibitions and permissions;

– presence of legally significant consequences.

Lawful Conduct- this is behavior that complies with the rule of law and does not violate it.

Legal behavior has the following characteristics:

1) has social significance;

2) complies with the requirements of the law;

3) this behavior has support and support from the state;

4) lawful behavior is manifested in both positive actions and positive inaction;

5) is controlled by both the individual and the state;

6) has legal consequences.

The following types of lawful behavior are also distinguished:

1) according to the level of its social significance:

– necessary behavior that affects all the foundations of the viability of society;

– desirable behavior that meets the private interests of the entire society, as well as satisfies the needs of its individual subjects;

- acceptable behavior that has a rather dubious personal or social benefit, but is nevertheless permitted by the state, given its high social significance;

2) by personal motivation, which manifest themselves in the form of:

– perception of legal norms as directions for behavior, guidelines that are most appropriate and meet the interests of the entire society;

– obedience to legal regulations, requirements, but without any internal consent or the presence of doubts about the legality of these requirements, so-called conformist behavior;

– the subject’s fear of punishment for other behavior options;

3) according to the level of social activity of the subject:

– ordinary, which is expressed in the daily lawful behavior of the subject;

– active, such behavior that is realized in the implementation of positive actions, but is also associated with additional costs of time, material resources, effort, etc.;

– passive, which is expressed, as a rule, in positive inaction, which is associated with voluntary refusal from the subject's possession of the rights and freedoms that belong to him by law.

Legal capacity is the ability of a subject, enshrined in legislation, to have legal rights and bear legal responsibility.

55. Offense: concept, signs, types

Offense- this is a violation of the rule of law, namely an act that is contrary to the law, its regulations, laws. It is believed that to commit an offense means to violate a right. An offender, by violating a prohibition or failing to fulfill the duties that establish the rules of law, by his behavior opposes personal interests to the interests of the entire society. Deformation of behavior, which is caused by social and psychological reasons, can lead in some cases to an illegal act, namely a crime.

Each individual offense is specific because it:

1) is committed by a specific person;

2) occurs in a certain place and at a certain time;

3) comes into conflict with a valid legal regulation;

4) is characterized by precise specific features, despite the fact that individual offenses and their types are different, although as an antisocial phenomenon they have common features.

The following signs of an offense can be identified, which together form this concept:

1) an offense is always an act (action or inaction);

2) an offense is always a guilty act;

3) an offense is a violation of legal norms that contain legal obligations and prohibitions.

Offense- this is an act, the actions of people, behavior, action or inaction. Act is an externally objectified act that manifests itself and is perceived as the subject’s attitude to reality, other subjects, the state and society. Guilt is a subjective element of the act and a necessary sign of an offense.

So, the offenses are:

1) illegal, guilty actions;

2) acts contrary to the norms of law;

3) socially dangerous acts;

4) violation of public and personal interests, public order and subjective rights.

Offenses are very diverse. This diversity is determined by the different content of social relations that are subject to encroachment by offenders, as well as the different nature of the goals and motives of the subjects’ behavior, the specifics of life situations, etc.

Types of offenses are divided depending on the area public life in which they take place:

1) for offenses in the field of management activities;

2) offenses in the economic sphere;

3) offenses in the family and domestic sphere.

Depending from the danger of crime for society They are divided into crimes and other offenses (misdemeanors).

Misconduct differ from crimes by being less dangerous to society. They take place in various fields public life, have different objects of encroachment and legal consequences. In this regard, they are classified into civil, administrative, and disciplinary offenses.

Civil offenses (misdemeanors) differ from other offenses in the object of the attack. They are property and associated personal non-property relations.

Administrative offenses represent the rights of encroachment on established order public administration, legitimate interests of citizens (for example, violation of financial reporting rules, fire safety rules, etc.).

Legal structure of the offense

Under elements of the offense understand a set of characteristics that characterize according to Russian legislation as a specific socially harmful act. The elements of any offense include:

1) characteristics of the object of the offense, the objective party;

2) the subjective side and the subject of the offense.

The object of the offense is considered a mandatory element of the offense. Object of the offense– one of the important concepts of the theory of offenses. Every crime, whether it manifests itself in action or inaction, is always an attack on a specific object. There is no crime that does not encroach on anything. This provision can be applied to all types of offences. In modern legal literature, it is widely believed that the object of an offense is social relations that are regulated by the rules of law. Offense is a certain social phenomenon that affects the entire system of social relations.

Subject of offenses- a necessary element of the offense. The subject performs all actions, crimes and deeds. Thus, he influences the object and, through his own actions, brings changes to the outside world. Thus, if an object is an external phenomenon that exists independently of the subject, then the subject is the bearer of action. The subject and the object are constantly in such interaction with each other, when the subject is located at one pole, and the object at the other. Considering the general philosophical understanding of the interaction of subject and object as the unity of two opposites in legal relationships, subject and object must always be together, since:

1) the subject and object determine the presence or absence of an offense;

2) in an offense, the object does not exist without the subject, the bearer of the action, just as the subject will not be a subject until it influences the object of the offense with its actions.

Only sane individuals can be the subject of an offense.

The subjective side of the offense is considered another necessary feature of the offense:

1) it reveals the harmfulness of the unlawful act to society;

2) the nature of the subjective side of offenses distinguishes the actual offenses from objectively unlawful offenses;

3) the subjective side of the offense consists of elements that show the offense from the point of view of the internal state of a person when he commits this act.

Psychologists divide human action into two stages:

1) decision making, namely the activity of the human brain;

2) human behavior, which is expressed externally, namely, associated with the implementation of decisions under the guidance of consciousness.

Thus, the external and internal aspects of human behavior are in a very close relationship, and it is impossible to contrast or separate one side from the other.

Guilt- this is a certain mental attitude of a person to his specific external behavior and its consequences, and not the state of mind of this person in general. In accordance with this definition, the law distinguishes two main forms of guilt: 1) intent; 2) negligence.

Objective side offenses constitute all elements of an act that can characterize an offense as a specific act of external behavior of a person.

Concept and signs of legal liability

Responsibility- this is a person’s attitude towards the rules of behavior and society established by the state. A person is responsible to those legal norms with the help of which management and control over all ongoing processes in the state are realized.

Responsibility can be considered in two aspects:

1) retrospective. The essence of retrospective liability is that it is the state’s reaction to the commission of an unlawful act, expressed in state coercion of the offender;

2) positive. The concept of positive responsibility is explained as a means of stimulating lawful behavior of people, which follows from the conscious implementation of the law. Positive legal responsibility is important means increasing activity and lawful behavior. The existence of positive responsibility is determined by the need to coordinate and clarify the actions of each with the actions of others in the process of joint activity, coordinating private interests with general ones.

Retrospective and positive liability are two interrelated aspects that are types of legal liability.

Positive responsibility is considered the responsibility of the future, which should replace retrospective liability. Positive responsibility is considered a more advanced form of responsibility, which leads primarily to a responsible attitude towards one’s own actions, assessment of the actions of others and a high level of legal education. They are designed not to oppose each other, but to interact, strengthen law and order and legal consciousness in society.

Legal liability acts as a guarantee of the fulfillment of such duties that are not performed voluntarily. Legal responsibility differs from other obligations in its content. It is always an obligation that is inferior, undesirable for the subject on whom it will be assigned, a character that detracts from its legal status, leading to deprivation of a certain kind.

Legal responsibility is thus viewed as the obligation to suffer adverse consequences for an offense that is contrary to legal norms. It is necessary to distinguish between objective and subjective prerequisites for the emergence of responsibility.

The objective side of legal liability- this is the legal regulation by the state of social relations with the help of legal norms.

Subjective side- this is the free will of a person, his ability to carry out various activities, because without will there is no guilt, and without guilt the individual does not bear responsibility.

Legal responsibility is characterized by the fact that it:

1) provided for by law;

2) applied by state authorities. Only the state has a coercive apparatus, and only it determines the procedure for applying coercive measures;

3) occurs only for the commission of an offense;

4) expressed in specific substantive rules and applied in accordance with procedural rules of law. Substantive rules of law provide for and determine possible and proper forms of behavior. At the same time, procedural norms determine the procedure for applying substantive norms;

5) is expressed in the obligation to endure adverse consequences of various kinds.

57. Concept, principles and grounds of legal liability.

Legal responsibility is one of the types of social responsibility of an individual. Its main feature is that legal liability is associated with violation of legal norms, laws, behind which stands the coercive apparatus of the state. This is a power-imperative form of responsibility, based on the principle of force. There are always punitive, educational and preventive moments here. In other words, we are faced with the eternal problem of action and retribution.

Legal responsibility is the most strict and extremely formalized type of social responsibility. Punishment for offenses, especially crimes, is usually provided for and announced to the whole society in advance. A person knows what threatens him if he breaks this or that law, violates this or that legal norm. This is not the case with other types of social responsibility.

The basic principles of legal liability include the following:

1) the principle of legality, which means that the entire procedure for assigning and implementing responsibility must take place within the strict framework of the law, legal norms, and exclude arbitrariness and self-will;

2) the principle of validity presupposes that liability must be a consequence of an offense containing all the signs of its composition and the necessary evidence, if this is not the case, there is no reason to hold the person accountable;

3) the principle of inevitability requires that not a single offense, especially a crime, should remain unpunished: it is not the severity of the punishment that is important, but its inevitability (inevitability); all illegal acts must be disclosed and those responsible must be held accountable;

4) the principle of justice - the punishment must correspond to the gravity of the crime, the circumstances of its commission and the identity of the perpetrator; inadmissibility of double liability for the same offense; everyone is equal before the law and justice;

5) the principle of humanism - punishment cannot be aimed at causing physical suffering or humiliating the human dignity of the perpetrator; it must take into account mitigating circumstances and motives for the offense; possibility of probation, deferment of sentence;

6) presumption of innocence - every citizen is presumed innocent until proven otherwise in the manner prescribed by law.

SIGNS OF LEGAL RESPONSIBILITY: 1. Established by the state in legal norms; 2.Relies on state coercion; 3.Applied by specially authorized bodies; 4. Expressed in certain negative consequences; 5. Is a form of implementation of the sanction of a legal norm; 6.Assigned in a procedural form; 7. Penalties apply only for a committed offense.

The basis of legal liability in the narrow sense is the composition of the offense, that is, the presence of all the elements that make up the act of offense (object, subject, objective side, subjective side).

The basis of legal liability in a broad sense is the presence of three grounds: normative, factual, procedural.

A normative basis is the existence of a rule of law that provides for the possibility of assigning liability.

The factual basis is the presence of a fact of offense (an act actually committed), which is associated with the emergence of a protective legal relationship, within the framework of which legal liability is realized.

The procedural basis is the presence of a law enforcement act, which specifies the general requirements of the protective rule of law (contains sanctions), determines the type and extent of legal liability.

58.Types of legal liability and their characteristics.

Types of legal liability by industry: 1) criminal; 2) civil; 3) administrative; 4) disciplinary; 5) material; 6) procedural; 7) constitutional (additional).

Criminal liability is the most severe type of liability. It occurs for the commission of crimes and, unlike other types of liability, is established only by law. No other normative acts can define socially dangerous acts as criminal and establish penalties for them.

Administrative liability arises for the commission of administrative offenses provided for by the Code of Administrative Offenses. In addition, this responsibility may be determined by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and regulations of the constituent entities of the Federation.

Civil liability arises for violations of contractual obligations of a property nature or for causing property non-contractual damage, i.e., for committing a civil tort. Its essence is to force a person to bear negative property consequences. Full compensation for harm is the basic principle of civil liability. Disciplinary liability arises as a result of the commission of disciplinary offenses. The specificity of their illegality lies in the fact that in in this case it is not a prohibitive norm that is violated, but a positive rule that establishes the employee’s work responsibilities. There are three types of disciplinary liability: in accordance with internal labor regulations, in the order of subordination and in accordance with disciplinary charters and regulations. Disciplinary measures - reprimand, severe reprimand, dismissal, etc.

Financial liability arises for damage caused by an employee of an enterprise or institution. Responsible for the administration of the enterprise.

Procedural legal responsibility. Just as the type of legal responsibility is determined by the characteristics of the subject and method of legal regulation, so procedural responsibility is divided into types. There is not and cannot be a single procedural responsibility. The following types of procedural liability are distinguished: criminal procedural, civil procedural, constitutional and administrative.

Constitutional responsibility means, for example, the removal of the President from office, the recall of a deputy, the dissolution of the State Duma, the resignation of the Government, etc. This type of responsibility is also called political-legal responsibility.

Based on the grounds of occurrence, legal liability can be divided into objective and subjective. Objective includes civil liability arising from the fact of causing harm. Here, the fact of causing harm is an objective basis for liability, the rule of law providing for it is a formal basis.

Subjective liability will be that arises only if the subject of the offense has guilt as a mandatory sign of the offense. From this position, guilt can be considered a subjective basis of responsibility.

According to the methods of influence, legal liability can be distinguished: compensatory (restorative), aimed at compensating for harm, and repressive (punitive, punitive), implemented in the application of punishment

Liability may be guilty or innocent. Only some cases of property and civil liability directly provided for by law (for example, causing harm by a source of increased danger) are innocent.

According to the scope of application in the literature, economic-legal, state-legal and other types of responsibility are distinguished.

59. Concept and elements of the mechanism of legal regulation of social relations.

The mechanism of legal regulation is a system of legal means by which the legal regulation of social relations is carried out.

The purpose of the legal regulation mechanism is to ensure the free movement of subjects' interests towards values ​​(a substantive feature). The mechanism of legal regulation is a system of various legal means that allow achieving its goals (formal feature).

The following elements of the legal regulation mechanism can be distinguished:

*rule of law (it establishes a model for satisfying interests);

*legal fact or factual composition with such a decisive fact as an organizational and executive law enforcement act;

*legal relationship (regulatory requirements are specified here for the relevant entities);

*acts of realization of rights and obligations (actions of subjects in the form of compliance, execution and use);

*protective law enforcement act (in case of an offense).

Acts of official interpretation of legal norms, legal consciousness, the regime of legality, etc. can act as unique additional elements of the mechanism of legal regulation.

Each main element of the legal regulation mechanism presupposes a corresponding stage. 1. At the first stage, a general rule of behavior (model) is formulated, which is aimed at satisfying certain interests that are in the sphere of law and require their fair regulation. 2. At the second stage, the definition occurs special conditions, upon the occurrence of which the action of general programs is “turned on” and which allow you to switch from general rules to more detailed ones. The element denoting this stage is a legal fact,

3. The third stage is the establishment of a specific legal connection with a very specific division of subjects into authorized and obligated. This stage is embodied precisely in such an element of the mechanism of legal regulation as a legal relationship.

4. The fourth stage - the implementation of subjective rights and legal obligations, in which legal regulation achieves its goals - allows the interest of the subject to be satisfied. Acts of realization of subjective rights and obligations are the main means by which rights and obligations are put into practice, i.e. They are carried out in the behavior of specific subjects. These acts can be expressed in three forms: compliance, execution and use. This stage of the legal regulation mechanism is reflected in such an element as acts of implementation of rights and obligations.

5. The fifth stage is optional. Protective law enforcement act - it comes into effect when subjects in the process of law enforcement violate the rules of law and when the corresponding law enforcement activity should come to the aid of the unsatisfied interest. This optional stage (carried out only in the case of erecting obstacles) is reflected in such a correspondingly optional element of the legal regulation mechanism as protective law enforcement acts.

The method of legal regulation used in the field of law is understood as a set of methods and techniques for regulating relations between subjects that arise as a result of special properties subject of regulation.

Each branch of law has its own specific method of legal regulation, which is determined by the specifics of social relations and is characterized by the following specific features:

1) the nature of the position of the participants in the legal relationship;

2) the peculiarity of the content of legal relations;

3) the peculiarity of the composition of legal facts;

4) specificity of responsibility.

The most important method of legal regulation used in economic (entrepreneurial) law is the method of autonomous decisions - THE METHOD OF AGREEMENT. With this method, the subject of business law independently resolves this or that issue, and upon entering into a legal relationship, resolves it in agreement with its other participant.

In the process of state regulation of business activities, the METHOD OF MANDATORY REQUIREMENTS is used. With this method, one party to the legal relationship gives the other an order that must be followed.

The METHOD OF RECOMMENDATIONS can also be used to regulate business relations. When applying it, one party to a legal relationship gives the other party a recommendation on the procedure for conducting business activities.

In addition, the PROHIBITION METHOD is used. For example, the Law of the Russian Federation on Environmental Protection establishes prohibitions on preventing actions by business entities that cause harm to the environment.

60. Law and order in society: concepts, main features, guarantees.

Legality is understood as strict and unwavering compliance by all subjects of law with existing laws in the country and by-laws based on them. The key word here is compliance. It is in it that the original meaning and essence of the phenomenon under consideration in any of its interpretations lies. No compliance - no legality.

Basic principles of legality. The principles reveal the social and functional purpose of legality, its essence, role and place in society, connection with other categories:

1. The principle of unity. This principle is aimed at effectively countering localism, departmentalism, and regional influence. Legality, if we see it primarily as compliance with the laws, must be uniform and identical for everyone and throughout the country

2. The principle of inadmissibility of opposition between legality and expediency. In the process of observing, executing and applying laws, it is very important not to allow legality to be replaced by expediency. The highest state expediency lies in the law itself

3. The principle of the inevitability of punishment for violation of the law.

4. The principle of the rule of law.

5. The principle of protecting human rights and freedoms as a priority goal of the rule of law.

6. The principle of the relationship between legality and culture. The essence of this principle is that legality is almost a mirror reflection of the general, political and legal culture of society and its citizens.

7. Presumption of innocence.

The rule of law is an order based on law. In other words, it is a system of relations protected, defended, and regulated by law.

It is necessary to distinguish between the concepts of “legal order” and “public order”. They relate as part and whole, the latter concept being somewhat broader than the first. If law and order is based on law and is the final result of its implementation, then public order presupposes compliance not only with legal, but also with all other social norms operating in society (moral, corporate, customs, traditions, etc.). Law and order is the core , a central element of social order.

Guarantees of legality and order are usually divided into general and special, or legal. General ones include: economic, political, ideological, social, organizational; to special (legal): prosecutorial supervision, justice, control activities of government and management bodies, legal responsibility, the institution of complaints and statements of citizens, etc.

Economic guarantees. The essence of these guarantees is that the general state of the country’s economy (diversity of forms of ownership, economic freedom, standard of living of the population, etc.) significantly affects the state of affairs in the legal sphere, and in particular the state of law and order. Moreover, the impact of economic factors can be both positive and negative.

Political guarantees. This type of guarantee refers to the degree of political stability in society, the clear operation of all branches and structures of government, institutions of democracy, state bodies (federal and regional), and their location in the constitutional field.

Ideological guarantees. The state of legality and order, the entire legal system, largely depends on the dominance in society of certain ideas, doctrines, views, and on the level of moral and legal culture. Progressive, humanistic ideology, democratic beliefs, developed legal consciousness, of course, predetermine the attitude of the authorities to the law, laws, individual rights, as well as the law-abiding behavior of the citizens themselves. Ideological guarantees also include legal propaganda (education), education of members of society, and above all civil servants, in the spirit of respect for legal values ​​and overcoming legal nihilism. An important role is played by the training of highly professional lawyers, their orientation towards strict adherence to the rule of law, the Constitution, and the norms of law.

Public guarantees. This refers to the activities of various public organizations and associations, the media, all non-state entities and institutions to identify facts of offenses, abuses, illegal actions, corruption, attracting the attention of the public to them, as well as official authorities in order to eliminate these anomalies.

Organizational guarantees. They mean the daily operational and organizational work of law enforcement agencies and all other government structures, aimed at ensuring law and order in society, identifying, preventing and suppressing offenses, and protecting the rights of citizens.

Special (legal):

* prosecutor supervision. The Prosecutor's Office, fulfilling its direct function and purpose, supervises the observance of laws by all subjects of law, initiates criminal cases in appropriate cases, and protests against illegal acts.

* justice. Courts, administering justice, punish those guilty of crimes, protect the rights of citizens, and restore justice.

* control activities of government and management bodies. Bodies of state power and administration create the necessary conditions for Russians to exercise their rights and legitimate interests.

* legal liability. Control structures monitor the implementation of relevant decisions, instructions, orders; identify violations committed by officials and raise the question of their responsibility.

* Institute of complaints and statements of citizens. This is the opportunity for any citizen to go to court or the appropriate administrative authority regarding the infringement of his labor, housing, family and other rights, to appeal against the illegal actions of an official. You can also turn to an international court if all domestic remedies have been exhausted.

The relevance of the study of the problem of legal education is due to two factors: first of all, the development and implementation of new fundamentals of Russian legislation, as well as Russia’s accession to international documents on the rights of children and youth and increasing the level of legal culture of the population.
Nowadays, the importance of legal culture in the conditions of the formation of a truly democratic state governed by the rule of law is increasing.
Law plays a special role in the process of formation of the rule of law and civil society. The essence of the problem is that it is necessary to find the optimal combination of state intervention and freedom of discretion of society in all spheres of people's lives. At the present stage, constructive interaction between society and the state is necessary, including on issues of education. The only instrument to ensure the participation of society in public affairs and the guarantor of its interests is the law.
But just having good laws is not enough. An atmosphere of unconditional respect for the law must be created throughout society. Otherwise, the law guaranteeing the most advanced democratic innovations will be a fiction, an empty phrase. That is, it is necessary to have a high legal consciousness of the individual and society, a high legal culture.
The leading principles in the implementation of the legal education system are the principle of humanism and the principle of legality.
The principle of humanism presupposes the recognition of a person as the highest value, the protection of his dignity and civil rights, the creation of conditions for the free and comprehensive manifestation of an individual’s abilities.
Principle of legality presupposes strict implementation of laws and legal acts based on them by all government bodies, officials, public organizations and citizens.
The purpose of legal education is to serve the implementation of state policy, primarily on the social protection of children and youth, but it can fulfill this role only subject to the strictest compliance with all legal norms.

Legal education: concept, forms and goals

Who among us would not like to live in a legal state, to feel that you are protected at home, on the street, at work? Russia is moving along the path of a radical renewal of the legal system. But more than half a century ago, the outstanding Russian thinker, lawyer and philosopher I. A. Ilyin said the following words: “State and political renewal can only come from the depths of legal consciousness and the human heart.” The truth of these words is confirmed daily by our lives. That is why the legal education of the individual is one of the key problems facing our state. This direction can be called global due to its influence on all spheres of public life.
A system of measures aimed at integrating political and legal ideas, norms, and principles representing the values ​​of world and national legal culture into people’s consciousness acts as legal education.
Legal education- purposeful activities of the state, public organizations, and individual citizens to transfer legal experience; systematic influence on human consciousness and behavior in order to form certain positive ideas, views, value orientations, attitudes that ensure compliance, execution and use of legal norms.
Legal education is a complex and multifaceted system of activities, in which a special role belongs to the educational system. Exactly at adolescence When a person’s personal attitudes are formed, it is necessary to lay the foundations for the formation of a person who respects the law. Of course, many legal values, having their basis and origin in moral norms, are acquired by the individual in the process of various social practices, through other non-legal forms and channels of public consciousness. However, legal education involves the creation of special tools to convey legal values ​​to the mind and feelings of every person, turning them into personal beliefs and an internal guideline for behavior.
Legal education is the main means of forming and increasing the level of legal awareness and legal culture of citizens, a tool spiritual education individuals in the conditions of building a rule of law state in Russia.
Legal education is a complex and multifaceted activity, manifested in several forms. Among them:

• " propaganda of law by the media(magazines, radio, television, Internet). This form is characterized by mass, widest audience coverage, the use of various headings, thematic conversations, reports, etc.;
• " publication of literature on legal issues(popular brochures, comments on laws and legal practice, etc.);
• " oral legal propaganda- lectures, conversations, consultations, question and answer evenings, lecture series, lecture halls, etc. The audience coverage here is smaller, but there are opportunities to directly contact listeners, immediately get an answer to a question of interest, exchange opinions and enter into a discussion;
• " legal education of citizens- study of legislation in secondary schools, colleges, technical schools and universities, in public universities of legal knowledge. The positive features of this form are the constancy of the audience, the presence of programs, homework, seminars, exams, consolidation of an entire, interconnected system of knowledge;
• " professional legal education training specialists in the field of law (law universities, faculties, special courses advanced training, etc.);
• " clear legal information(stands of photographs of offenders, wall newspapers, combat leaflets, etc.);
• " influence legal practice- legislative activity of the state, the Constitutional Court of the Russian Federation, the work of courts and other law enforcement agencies;
• " influence works of literature and art dedicated to legal issues - films, theatrical productions, novels and stories by Russian and foreign writers (works by F. Dostoevsky, L. Tolstoy, T. Dreiser, modern Russian authors).

Legal education is a system of measures aimed at introducing democratic legal and moral values, principles of law, and strong beliefs in the necessity and fairness of norms into the consciousness of individuals. The goals of legal education are:

• "achieving strong knowledge of people about legislation, legality, rights and responsibilities of the individual, first of all, those norms that directly concern a person. The rule has been known since ancient times that ignorance of the law or an incorrect, distorted understanding of it, diverging from the will of the legislator, does not exempt from liability for its violation;
• "increasing the authority of the law as an immutable social value, respect for it, a decisive fight against legal nihilism;
• "creating among citizens a stable orientation towards lawful behavior, the formation of attitudes and habits of law-abiding, skills and ability to participate in justice and other forms of legal activity, as well as the creation of an atmosphere of protest and intolerance towards all cases of its violation, the inevitability of responsibility.

Content of legal education is to familiarize people with knowledge about the state and law, legality, individual rights and freedoms, and to develop among citizens a stable orientation toward law-abiding behavior.
In other words, the content of legal education is understood as part of social experience in the field of legal culture and its following components are distinguished: legal literacy, legal thinking and legal skill.
Legal literacy: familiarity with the essence of concepts (law, constitution, legislation, normative act, rule of law, law); legislative documents on social protection of children at the international, federal and regional levels. The development of legal literacy is carried out in practical classes, in which schoolchildren and students conduct a comparative analysis of documents and draw conclusions about the similarities and differences of conceptual frameworks.
Legal thinking and skill are based on legal knowledge and represent the ability to evaluate the plans, actions, and behavior of people from the point of view of legal norms. To develop legal thinking, an analysis of pedagogical and psychological situations that may occur in real life is provided. In the course of solving these situations (tasks), young people learn to incorporate legal knowledge, project their actions into reality, realize the value of the individual, his rights, freedoms and responsibilities to himself, society and the state, understand the natural freedom of man and the freedom of man in society.

"...the natural freedom of man is not to depend on any supreme power on Earth and not to be subject to the will or legislative power of man, but to obey only the laws of nature. The freedom of man in society does not consist in not being subject to any other legislative power, except that which is established with the consent of society..."

(John Locke, British philosopher (1632 - 1704), from On Civil Government (1690)). The content, subjective and objective composition of legal education depend on what goals are set for the educational process. Thus, if the purpose of education is to disseminate legal knowledge, then it comes down to legal education. If it is aimed at the formation of legal beliefs, a sense of respect for the rules of law, then the process of legal education is limited to a set of such means and methods, the impact of which is aimed mainly at the formation of the legal consciousness of the individual. The preventive goal of legal education artificially narrows the range of objects and subjects of the system and limits the use of various means and methods of influence. And only by setting before legal education a comprehensive goal of forming a legal culture of an individual, is it possible to bring the legal educational process from the dissemination of legal information through the stage of forming value orientations and skills of lawful behavior to the involvement of the individual in all spheres of state and public life regulated by law, i.e. before the formation of social and legal activity.
Legal education is designed to eradicate legal nihilism and legal idealism, existing stereotypes and increase the level of legal culture. Because only in this case is it possible to create a rule-of-law state and a civil society, in conditions in which the full implementation of all individual rights and freedoms is real.

Main elements of the mechanism of legal education

Main elements of the mechanism of legal education- these are ways of organizing the educational process. In modern conditions, a wide variety of forms of legal work with the population are used: legal education, propaganda of law through the media, legal educational work in connection with certain constitutional events (referendums, elections, etc.).
Today, a system of legal education has emerged, which includes not only the activities of higher legal educational institutions, teaching the fundamentals of state and law in secondary education institutions, and legal disciplines in non-legal higher educational institutions.
The system of legal education activities includes the work of special legal seminars, schools, courses, which are organized by state and public bodies, both on a commercial and budgetary basis. Forms of educational work through the media include conversations on legal topics, round tables of legal experts, discussions on current issues of political and legal relations, thematic television programs, comments on new legislation by specialists, etc.
Unfortunately, at present, the proportion of mass legal educational work has decreased significantly. This work is carried out essentially only in connection with periodic election or other constitutionally necessary events. Meanwhile, practice has developed and successfully used such forms of mass legal work as lecture propaganda, various lectures on legal topics, weeks, decades, months of legal knowledge, scientific and practical conferences, gatherings, etc.
A serious drawback of the current practice of educational work in the legal field is the underestimation of organizational forms designed for a youth audience: school legal Olympiads, debates on topics of law, morality, “young lawyer” circles, etc.
New stage the development of domestic statehood, changes in forms of ownership and methods of economic regulation dictate the need to re-evaluate many traditional forms of legal education. However, it is important to preserve proven experience in this area and stimulate its development on a new economic, political and legal foundation.
In the context of an unprecedented increase in crime and a decrease in the social security of citizens, it is more important than ever to clarify the rights and opportunities of citizens (which have increased significantly) to judicially appeal illegal and unjustified actions, compensate for damage, and enjoy certain civil, political, and property rights.
Here the living word, newspaper and magazine articles, films, visual forms aimed at instilling a sense of respect for the rights and freedoms of people, explaining the new economic opportunities of citizens, new legal types of human socialization in a market economy will never lose their meaning.
The second important element of the mechanism of legal education is a variety of methods of legal educational work - techniques, ways of explaining political and legal ideas and principles in order to influence the consciousness and behavior of an individual in the interests of law and order. Methods of legal education include specific and very diverse methods of pedagogical, emotional, logical and epistemological influence on students. These techniques are usually taught by specially trained methodologists-referents in legal propaganda and legal education.
An important aspect of legal education is legal education. Legal education, i.e. the process of disseminating legal knowledge serves to increase the general legal culture and education of the population. The main goal of legal education as a method of legal propaganda is to cultivate respect for law and legality as a value system for broad sections of the Russian population.
Thus, we can talk about a significant role educational institutions all levels in legal education, both in terms of opportunities and responsibilities. In this regard, when modernizing the educational system at any level, it is necessary to pay due attention to the legal component of educating a full-fledged personality.

Legal culture

Legal culture- this is the totality of material and spiritual values ​​created by people over the centuries, the level of historical development achieved by humanity, the degree of civilization of society, intellectual, spiritual development, humanistic worldview. These are the achievements of material production, science, art, ideological and moral values.
Legal culture is an indispensable component of universal human culture. A truly cultural society is one where a comprehensive and consistent system of legislation has been developed and operates, reflecting universal spiritual values, where individual rights are ensured and protected, a regime of legality and law-abiding prevails, where legal monuments are preserved as immutable cultural values.
Legal culture, reflecting the level of legal civilization of society and including the progressive achievements of foreign legal systems, unites everything that has been created by humanity in the legal sphere - law, legal science, legal consciousness, the practice of lawmaking and judicial activity, legal worldview, national roots, historical memory , legal customs and traditions. This is the internal state of its legal life, determined by the social, economic and spiritual structure of society.
Legal culture presupposes sufficient knowledge by officials and citizens of legal norms, their legal literacy, ability, and skills to use laws in practical life, a high degree of respect for the authority of law, its assessment as a necessary social value for the normal functioning of a civilized community of people, an atmosphere of law-abiding personality, stable habits, an internal need to comply with the law and social and legal activity.
A necessary element of legal culture is also the presence in the country of a detailed, gap-free, internally consistent and technically advanced legislation covering all main areas of relations, consistently reflecting the ideals of democracy, freedom and justice, high level its codification, orderliness and information security.
The legal culture also includes a high level of law-making activity in the country, timely and high-quality consideration in legislation of new trends and needs for the development of society, the democratic foundations for the preparation and adoption of new regulatory decisions, and the active use of rules of legislative technology developed by world practice. No less important are the effectiveness of the law enforcement work of the administrative and law enforcement apparatus, the authority of the courts and other bodies involved in the fight against crime, and their ability, together with the public, to overcome this social evil.
The level of legal culture is also manifested in the degree of development of legal science in the country and the effectiveness of legal education. Caring for historical legal monuments (in our country this is, for example, the Russian Truth, the Code of Tsar Alexei Mikhailovich, the Code of Laws of Tsarist Russia, etc.), their protection, preservation, scientific study are also necessary elements of legal culture.
The actual level of legal culture in each society and at different stages of its development is not the same, which depends on many different factors. This is the level of development of the country’s economy and the well-being of its citizens, national, religious and other characteristics, the political system and the ability of the authorities to establish and protect legal institutions, resist arbitrariness, suppress offenses, the degree of development of legal science and education, etc. In the modern Russian state, such a level both in relation to individual citizens and to the entire society as a whole, unfortunately, is still quite low, and much needs to be done to overcome legal nihilism, increase the authority and effectiveness of legislation, its ability to be an effective tool for creating a rule-of-law state in our country, embodying legal and cultural values ​​of world civilization.

Legal nihilism and cynicism of youth

The legal culture of a society presupposes a certain level of knowledge by the population as a whole and individual citizens of the current legislation, their law-abiding behavior in the form of compliance and execution of the law.
The systemic crisis of Russian society has affected the legal and political consciousness of Russians. There is a transformation of people's consciousness, their beliefs, values, and attitudes change.
It is important to note that the effectiveness of political legal consciousness depends, first of all, on the specific historical situation. A democratic legal system for today's Russia is an ideal. With a low level of legal consciousness and legal nihilism of citizens, even the most daring reforms, even the most modern legislation, can expect failure.
The spread of such phenomena among young people is of particular concern. In order to improve legal knowledge, today many schools have specialized legal classes. There are a huge number of law schools in the country. In addition, the media are actively involved in legal education. There are many public organizations involved in providing legal services to the population and legal education.
The active participation of young people in the political life of society contributes to raising the level of legal culture. Since law is an effective and flexible policy instrument. And as an expression of the state will, based on the coercive power of the state, law always has political content and acts as one of the forms of politics. At the same time, legal and political consciousness closely interact.
However, despite this, the level of legal awareness and, in general, the legal culture of young people remains quite low. It is determined, first of all, by the economic crisis in which our country is located. The alienation of people living in poverty is one of the the most important factors development of legal nihilism.
Conducted sociological research in the field of legal culture of current schoolchildren and first- and third-year students allows, along with positive conclusions, to draw a conclusion about the fairly frequent manifestation of legal anti-culture. The most obvious of them: legal illiteracy, legal nihilism and legal cynicism.
Legal illiteracy is expressed in ignorance (or very poor knowledge) of the law, although it may well be combined with a fairly high level moral development. Typical statements for this category of schoolchildren: “Why do decent, honest people know the laws? They already behave well.”
Legal nihilism is expressed in disbelief in the regulatory power of law, disappointment in its social role. Typical saying here. “Laws are written for honest people, and those who “do” business and politics calmly bypass them, and there is no force capable of forcing them to follow legal norms.”
Legal cynicism- the most dangerous manifestation of anticulture. Unfortunately, in a school environment, especially among high school students, you can hear the phrase: “There is no law that cannot be crushed under oneself: it all depends on the price that has to be paid for it.”
Therefore, the main task facing modern schools and universities is to help overcome such attitudes and form a high level of legal culture among young people.
Thus, at present, the most pressing problem for Russian society is the legal education of the population (especially young people), the implementation of the provisions of the Constitution, and the adoption of effective measures for its strict observance by all government bodies, officials and citizens. Legal nihilism still represents the main difficulty in reforming Russian reality. The state of affairs with respect to the constitutional rights and freedoms of Russians, which, in accordance with Art. 18 of the Constitution are directly applicable. Many of these rights are not yet supported by real state guarantees, and, first of all, judicial protection, and responsibility for their violations.
And, nevertheless, awareness of the importance and value of the individual, his rights and freedoms in modern reality is a huge step for Russia on the path to a democratic state. It is legal education, as a system of measures aimed at introducing into the consciousness of individuals democratic legal and moral values, principles of law, strong beliefs in the necessity and fairness of norms, that contributes to the formation of a democratic state.
Legal education is the main means of forming and raising the level of legal consciousness and legal culture of citizens, an instrument of spiritual education of the individual in the conditions of building a rule of law state in Russia.

That is why the problem of legal education is especially relevant today in Russia. And how it is resolved will determine whether Russia will truly become a legal state, whether it will be able to ensure universal respect for the rights and legitimate interests of man and citizen, and guarantee real state and judicial protection. Legal education is goal-oriented process

Legal education necessary to influence people's consciousness to form. Legal education is necessary to create a stable attitude toward law-abiding behavior. Children must follow the laws, not because their parents will scold them or go to prison, but according to their inner conviction, live according to the laws of the state.

For effective legal education there are special forms and methods, all of them are subordinated to a single goal - to prepare a socially active member of society who knows his rights, is ready to defend them, and also has a progressive legal worldview.

Content of legal education is to familiarize people with knowledge about the state and law, legality, individual rights and freedoms, understanding the essence of legal teachings, doctrines, and developing among citizens a stable orientation toward law-abiding behavior. Of course, some legal values, having their basis and origin in moral norms, are acquired by the individual in the process of various social practices.

Forms of legal education

There are several basic ways in which students are taught in an accessible manner what exactly they need to do to live within the law.

Basic forms of education:

1. Training is the transfer of previously accumulated knowledge in the field of jurisprudence to the younger generation. Most often it takes the form of legal lessons, where they study the basics of the theory of state and law, types of legal liability and punishment. There are very few legal lessons in most schools; during this time it is very difficult to achieve a high level of legal education.
2. Propaganda - with the help of television, radio, and electronic media, young people are told about the correctness of the legal way of life. For example, they repeat the need to pay taxes, report information about impending crimes, and follow the rules traffic etc.
3. Legal practice– this form of legal education is more relevant for students of educational institutions with a specialized legal focus. Consists of attending court hearings, correctional institutions, police, meetings with lawyers, prosecutors, and other lawyers.
4. Self-education– children are encouraged to pay attention to legal correct behavior and take an example from such people in terms of compliance with laws. It is important to show students exactly who to target. For example, famous human rights defenders, activists, lawyers. Self-education is very important in pedagogy, since children themselves study the basics of law, laws, and solve legal problems.
5. Individual educational work – effective form education for children who already at an early age have problems with the law. It is necessary to find a special approach to them, unique levers of influence in order to promptly put difficult-to-educate children on the path to a legitimate way of life.

Without legal education, the formation of legal consciousness and legal culture of an individual and society as a whole is impossible. Currently, legal education is a national task, because the quality and indicators of the legal education of citizens directly affect the development of the country, the development and construction of a rule of law state in Russia.

The formation of an individual’s legal consciousness involves the creation of conditions under which citizens develop a positive attitude towards the law. The correct education of each individual person leads to the creation of a socially active, cultural and law-abiding society.

There are two approaches to understanding the concept of legal education - broad and narrow. In the first case, we are talking rather about the legal socialization of a person, when he is “educated” by the environment around him as a whole, the behavior of people and the entire legal practice of officials - representatives of the state apparatus in the legal field. Legal education in the narrow sense is understood as purposeful activities aimed at improving the legal culture of an individual, a group of people and the entire society.

A.A. Kvasha defines legal education through its constituent elements: “legal education consists of the transfer, accumulation and assimilation of knowledge of the principles and norms of law, as well as the formation of an appropriate attitude towards the law and the practice of its implementation, the ability to use one’s rights, observe prohibitions and fulfill duties. Hence the need for a conscious assimilation of the basic, necessary provisions of the legislation, and the development of a sense of deep respect for the law. The acquired knowledge must turn into personal conviction, into a strong attitude to strictly follow legal regulations, and then into an internal need to comply with the law.” Kvasha A.A. Legal attitudes of citizens: Dis.... Cand. legal Sciences: 12.00.01/ A.A. Kvasha - Volgograd. - 2002. 160 p.

7 Theory of state and law / V.D. Perevalov. - 2nd ed., revised. and additional - M.: Yurayt, 2012 - 415 p.

Under legal education in "Theory of State and Law" edited by V.D. Perevalov is understood as “purposeful activity for broadcasting (transferring) legal culture, legal experience, legal ideals and mechanisms for resolving conflicts in society from one generation to another” 7 .

There are many definitions of legal education, but they all boil down to the need to form in a person legal ideas, principles, norms that represent the values ​​of national and world legal culture. Based on the above, we find that legal education is the formation of a respectful attitude towards the law, seeing the law as of great social value, developing a sense of responsibility, intransigence towards corruption, arbitrariness, etc.

Legal education is closely related and is implemented through legal education - direct acquisition of knowledge. Education cannot occur without training, and training, one way or another, has an educational effect. Legal education is a way of external expression and organization of the transfer of legal theoretical material to the object of education.

The main goal of legal education is the formation of legal culture and the theoretical basis of legal consciousness, the development of legal feelings, interests, legal thinking, the formation of a scientific legal worldview, and ensuring the necessary level of systematization of knowledge about law.

With the adoption of the Concept of Modernization of Education, law is classified as one of the most important disciplines, which ensures the socialization of students, forms the basis of legal competence necessary for life in modern society. Nevertheless, legal education cannot be reduced only to legal awareness. This is a complex process associated with understanding the provisions of the main existing laws, rights and freedoms of man and citizen. It is important to familiarize citizens with the models and ideals, traditions and legal experience of those countries where there is a high level of legal culture.

Thus, legal education is a controlled, systematic, systematic, organized and purposeful process of influencing the consciousness and psychology of the citizens of our country with the entire variety of legal educational forms, methods and means that are available in the arsenal of modern legal activity, with the aim of forming deep and lasting values ​​in their legal consciousness legal knowledge, beliefs, values, habits, needs of lawful behavior. Education smoothly flows into consciousness and forms the general legal culture of citizens.

Let's consider the system of legal education. The legal education system is a set of basic elements of the legal educational process that ensures its certain order and organization.

The legal education system consists of the following elements:

• 1) subjects - state bodies, organizations, persons specially authorized by the state that carry out legal educational activities;
• 2) objects - educated citizens or social groups;
• 3) a set of legal educational activities, certain methods and means.

The subject of legal education may have a legal educational function as the main one or as one of many (bar, prosecutor's office, Ministry of Internal Affairs, justice authorities, etc.).

The object of legal education during the legal educational process is influenced by two factors on which the effectiveness of legal education depends:

• a) objective factor - positive external conditions that contribute to legal educational activities (protection of individual rights, democratization of society, successes in legal practice, law-making activities, etc.), or negative conditions that complicate legal educational activities (undeveloped methods and means of legal education, imperfect legislation, etc. .);
• b) subjective factor- a positive internal spiritual and legal state of the individual (an attitude towards lawful behavior, one’s legal education) or a negative one (a legal attitude towards unlawful behavior, one of the grounds of which is legal nihilism).

The essence of legal education can be called the process of developing stable principles and legal ideas in the legal consciousness of those being educated

Considering the tasks of legal education, it should be noted that they are not reduced to purely utilitarian goals of broad familiarization of the population with existing and existing laws in society and their requirements, the legal system, its structure and essence, principles and ideas, and the political system of society. It is absolutely not enough just to have a certain stock of legal knowledge, it is not enough just to know the norms of the current legislation, you need to understand their requirements, goals and purpose. I would like to especially emphasize that there are no methods of forced education, and it is also impossible to force an individual to learn the content of the idea of ​​law, in otherwise, education remains questionable. Legal education will become effective only with the active participation of the individual himself, his need for law and desire to know it.

Legal awareness is closely related to the concept of legal education. In its structure, it is customary to distinguish two interconnected parts: legal ideology and legal psychology. Legal ideology is a set of legal ideas, views, theories, concepts, principles of law. It reflects the requirements of society and social groups requirements for the individual. In democratic societies, legal ideology has great moral potential, which is expressed in the affirmation of the high value of individual rights and freedoms.

Legal psychology is the irrational part of legal consciousness, which consists of legal feelings, emotions, attitudes and stereotypes. Legal psychology is formed as a result of daily practice. It is characterized by spontaneity, as well as a connection with personal values ​​and interests. Both parts of legal consciousness complement each other and are called upon to solve a common task - the transfer of legally significant information into the inner world of a person.

Receiving legal education and training is a process, the implementation of which is possible, in my opinion, only at a certain period of a person’s life. If there is a lack of education in a particular time period, its further receipt becomes a difficult process, which is determined by age-related characteristics, when all mental processes become less susceptible to external influences in the form of education.

For example. If a person under the age of 30 has not received an appropriate education, including legal education, then he is unlikely to become receptive to re-education in the direction that society requires of him. Formed opinions and beliefs are difficult to change.

That is why in Russian society there is such a large percentage of legal nihilists among people without special legal education over 30-35 years of age. Up to 30 years of age, there are more legal idealists and people who treat the law strictly and simply law-abiding - their mental and cognitive processes (attention, memory, perception, thinking, imagination) are more adaptable to reality, they are more flexible and respond quite easily to changes in society, including the legal situation, it is easier for them to keep track of changes in legislation that relate to their social status, their labor activity. After 30 years, everything is noticeably more difficult - ordinary, not always correct, concepts of law are strengthened, a person does not strive to engage in legal self-education. Ignorance of the law leads to confusion in our complex and diverse lives.

Knowledge of the law will help you avoid the “mistakes of youth,” restore justice in relations with government agencies, and protect property. Just imagine how many offenses we commit every day without even noticing it. Take, for example, the same thirty-year-old ill-mannered person, more than one example of administrative offenses will come to light (he ran across the road at a red light, disturbed public peace, did not pay for travel on public transport). Moreover, in the life of any person there are also criminal offenses (deceived someone, insulted someone, took something away from work).

developing in students a sense of citizenship, pride in their state, respect for established laws, and the inadmissibility of violating them. Legal education is based on the fact that the ideal of human behavior in a legal democratic society is active and conscious compliance with the norms of morality and law. This is the basis for the interaction of pedagogical and legal sciences: pedagogy moves from the education of moral norms to legal ones, jurisprudence - from legal to moral ones. Both sciences solve a single problem - the formation of legal consciousness and law-abiding behavior of the younger generation.

Excellent definition

Incomplete definition ↓

LEGAL EDUCATION

formation of legal consciousness and behavior of a young citizen. P.v. system determined by the character and policy of the state. P.v. often considered within the framework of civic education. These areas of education have much in common, but P. v. more focused on the conscious perception of legal. laws, regulations and responsibilities.

A legal norm is an ideal model of proper human behavior in society. The real impact of a legal norm on an individual’s behavior depends on the compliance of the legal norm. prescriptions to the real needs of society, from the state of legality, psychol. the individual’s readiness to comply with the requirements expressed in the typical behavior of participants in societies. relationships. The interaction between law and the child is carried out by Ch. arr. indirectly, through parents and adults involved in his upbringing. Although not a fully capable citizen, the child is protected by law; its special status is enshrined in the Universal Declaration of Human Rights (1948) and in international law. Convention on the Rights of the Child (1989). In a family and school environment. upbringing, the child organically acquires the habits of lawful (consistent with the norms of law) behavior, mainly. knowledge about morals. and legal norms, as well as primary skills of social activity.

The term "P. V." appeared in the 20th century, but law is always there - both in authoritarian and democratic ones. societies - was considered an important element in the education of a citizen. In antiquity culture by Socrates, Plato, Aristotle was formed, which has become traditional for Europe. countries' idea of ​​citizenship. virtue as an integral feature of a citizen, where law-abidingness occupied an important place. Aristotle especially emphasized the role of law in the education of virtue in the book. X "Nicomachean Ethics". In Dr. In Rome, this position was developed by Cicero, Quintilian and their followers. Citizen ideas education, considered in close connection with the right of duty, became widespread during the Renaissance, especially in the Florentine Republic (15th century), in the views of representatives of the “civic” school. humanism" (P. Vergerio, L. Bruni, etc.). Execution of civil duty was associated with submission to the law, right. These traditions were developed in the writings of Enlightenment thinkers. From the end 18th century in the state school systems began to be introduced. courses in law, moral and political. sciences, etc. for gymnasiums and other schools, and from the end. 19th century - citizen anology.

In Russia, the problem of teaching and learning government. laws arose with the establishment of enlightened absolutism and the first attempts to create a state system. schools Of the ideas of the Enlightenment, Catherine II accepted only those that did not threaten the monarchy. At the same time, she was also characterized by such statements as “legal provisions must be applied to the people’s thinking”, “in order to introduce better laws it is necessary to prepare people’s minds for this” (“Order” of Emperor Catherine, 1907, pp. 57-58 ). In 1783, by order of the Empress, a book intended for reading in the people was published. mountains studying the manual “On the positions of a person and a citizen.” The study of laws was included in the context of moral education.

Issues of citizenship education. virtues and law-abiding are covered in the treatise of A. F. Bestuzhev and his course of morality for cadet corps.

In the 19th century In Russia, the task of educating law-abiding citizens was given great attention by democrats. circles (from A.N. Radishchev to the zemstvo intelligentsia) and representatives of the “official nationality”. Legislation has been studied to one degree or another in various. uch. establishments. The traditions of teaching law in Russia were based on the official. the approach of the “state” school (B. N. Chicherin, K. D. Kavelin, S. M. Solovyov, etc.). At the same time, the school of “natural law” had a significant influence (S. I. Gessen, B. A. Kistyakovsky, P. I. Novgorodtsev, L. I. Petrazhitsky, etc.).

Legal training in Russia differed from similar processes in Europe and America. If in Europe countries, the emphasis was on educating a member of the citizenry. society endowed with natural and inalienable rights (for example, the “Civics” course in France, 2nd half of the 19th century), then in Russia Ch. the task was to obey the law as a loyal citizen.

In the beginning. 20th century Russian approaches and zarub. teachers have become significantly closer to the role of law. A translation of the 26th edition appeared in Russia. uch. books by G. O. Arnold-Forster - “The Rights and Responsibilities of a Young Citizen” (1906), originally intended for young citizens of Great Britain.

In plural gymnasiums, general education and special schools for working people in Russia taught a course in sociology by G. A. Engel, which had various. titles: jurisprudence, social science, introduction to the theory of state and law. After Oct. 1917 it was Engel who became the author of the first owl. textbook for schools on sociology (1919), where the idea of ​​general pedagogy was carried out. the meaning of P. v., about the relationship between law and morality as various. regulators of behavior that influence the level of citizenship of an individual. P. F. Kapterev expressed the idea of ​​cultivating a sense of legitimacy in children. In his work “On the Social and Moral Development and Education of Children” (1908), he argued that it is in school that children “receive the basics of civic education and where ordinary education with the help of directors and teachers is only a means to achieve another, most important and essential goal of civic education children" (Kapterev P.F., Izbr. ped. soch., 1982, p. 248). A similar point of view was expressed in the works of teachers of the 1st quarter. 20th century: “Constitution of the Republic of Students” by K. N. Kornilov (1917), “Fundamentals social education V public school"N. N. Iordansky (1918-19), "Moral and legal ideas and self-government in children" (1925), etc.

To the program of the first owls. social science courses included issues of studying state. building a bourgeois state and Sov. state According to the programs of the Unified Labor School, students studied the Constitution of the country, the system of organization of Soviets. authorities in the center and locally, the essence of Sov. will execute, authorities, elect. workers' rights. There have been attempts to combine training on these issues with the organization of children. environment, for example in exemplary schools. institutions, such as the 1st experimental station of the People's Commissariat for Education and the Vigorous Life colony under the leadership of S. T. Shatsky.

Issues of legal consciousness of the younger generation were considered by P. P. Blonsky. He emphasized the importance of living history. analysis, specific forms of social and state. structure of society instead of a dry and formal commentary on constitutions and charters, etc. institutions. They were offered forms and methods for schoolchildren to study the political and legal institutions of society (court, social morality, parliament, ministries, etc.). Blonsky considered it possible to create a citizenship course. education, which would include private issues of the formation of an individual’s legal consciousness: 1st part - a description of the bodies of the state and society, 2nd part - social morality (the connection between personal life and public life and the need for solidarity, the idea of ​​justice, respect for the human person, brotherhood of people, the good of the state as the highest good, participation in social activities as a moral duty).

A. S. Makarenko, implementing in the 20-30s. his educational system, connected a reasonable attitude to issues of behavior of schoolchildren, the development of positive habits of children with the formation of consciousness. relationship to law and discipline. However, existing in the Soviet Union. society of the 30s The rule of law also affected the activities of teachers and the content of legal training and education. Mn. ped. ideas were either not implemented or were distorted.

In the post-war years P. v. was actually reduced to legal education as part of the study of the USSR Constitution. In the 40s - early. 50s ped. development of problems of P. v. limited to ch. arr. methods of school teaching basic. Soviet provisions constitution.

Diff. P.v. models in subsequent decades, they also did not always stand the test of their practice. So, one of the first owls. civil society researchers and legal education D. S. Yakovleva noted specificity. tasks of P. v. (1970): accustoming to strict adherence to the basics. the rights and obligations of citizens not by coercion, but by conviction; active participation of schoolchildren in the struggle for compliance with socialist principles. legality; nurturing a sense of ownership of the country; crime prevention (Yakovleva D.S., Incentives and motives social activities students, 1970). However, such global tasks in practice experienced resistance from the social environment and could not be realized.

The idea of ​​the 70-80s. the need for widespread development of the law enforcement movement among teenagers was sufficiently argued for in the 90s.

Psycho-ped. studies have shown what to achieve in school. age of developed legal consciousness is not possible. Therefore, a number of experts believe that it is inappropriate to put V. in front of P. unrealistic tasks. Students need to be given ideas about the legal norms of society that influence the formation of socially useful attitudes, and to stimulate their active work in this direction, contributing to the accumulation of positive experience. Introducing students to the legal aspects of government. activities, the fundamentals of legislation is especially important in the context of an increase in childhood crime, an increase in the proportion of offenses committed by teenagers in the total number of crimes, and the expansion of the influence of the antisocial subculture on children and youth. Only pedagogically and expediently organized pedagogy. activities in the field of law, forming attitudes towards respect for the law, interest in the law and aimed at finding the most important. effective ways to implement the legal requirements of society, to exercise one's citizenship. debt in the legal sphere, can be recognized as socially useful and acceptable for a citizen of the country.

Tasks of P. v. in Russia Federations demand changes in approaches to its content based on recognition of the primacy of international. human rights and the Convention on the Rights of the Child and the development of its practical techniques.

The legal consciousness and behavior of children and adolescents cannot be formed separately, separately from other forms of consciousness. Integration required knowledge about society, including legal ones, and the use of accessible forms of conveying them to the child. One of the first such courses is “Civics” (“Social Studies”), designed to form the legal culture of the student based on the disclosure of the entire gamut of universal human values ​​that make up the general humanistic. personality culture. Legal ideas are given to children in close connection with real life problems, through which appropriate attitudes, legal feelings and beliefs are formed.

In school process in the 90s. max. The idea of ​​an integrative approach to the formation of students’ legal consciousness through the creation of special educational-educational. courses (such as “Man and Society”, “Civics”), and the implementation in courses of history, economics, biology, literature and other tasks of P.V. In schools of Russia. The Federation actively uses the course “Civics” (5-9th grade), which allows not only to consider issues of law in various fields. life situations, but also to model the activities of children in solving legal problems in ped. adult guidance.

In most countries of the world, the study of law is carried out in civil programs. education. In the United States, there are programs aimed at developing a sense of citizenship in children. Based on the opening of the ped. aspects of the main duties and rights of a citizen, teachers develop educational methods. The school strives to correctly formulate children’s ideas about freedom and equality in a “common school house.”

Some teachers are trying to model the traits of a 21st century citizen. (eg, V. Newell, University of Miami), these include: citizen. literacy (the ability to express informed judgments on basic modern problems from economics to ecology); critical thinking, society conscience (the ability to define good), tolerance (to other beliefs, culture, customs) and pluralism of opinions, global citizenship (“common world home”), political. activity.

In France there are schools. programs that reveal issues of P. v. for students of education. schools, lyceums. Even for pre-school children. age in mid. 80s a manual was developed by P. Gamarra and J. Appin “Civic education: what is it today?” with drawings and accessible text, in which the authors sought to tell children about the country and the “common world house”, to acquaint them with watered. structure of France, explain concepts such as nation, republic, its symbols, duties of citizens, and introduce children to the range of issues about human rights and societies. security and international cooperation.

Lit.: Blonsky P.P., School and social system, in his book: Izbr. ped. soch., M., 1961; Golovchenko V.V., Effectiveness of legal education, concept, criteria, measurement methodology, K., 1985; Legal education of youth, K., 1985; Lukasheva E. A., Law, morality, personality, M., 1986; Tatarintseva E. V., Legal education. Methodology and technique, M., 1990.

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