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Реферат Legal infantility as the factor of negative influence on the level of sense of justice in Russia

















workINFANTILITY AS THE FACTOR OF NEGATIVE INFLUENCE ON THE LEVEL OF SENSE OF JUSTICE IN RUSSIA


Formation of the civil society and development of the lawful state is impossible without participation of the citizens in this process, without precise legal installations, without active upholding their rights. However, at present instability of the situation in the society, arbitrariness of bureaucracy, social precipice between the rich and the poor result in various legal deviations. The major deviation among the Russian citizens is legal infantilism.

Legal infantilism is a special form of deformation of the sense of justice, expressed in absence of information of the population in legal questions, blanks in legal knowledge, and unwillingness to receive them..E. Saltykov-Shchedrin ironically expressed his opinion that the Russian person himself does not know what he wants: whether young pork with a horse-radish, whether constitutions. There is a sensation, that since the times of the great writer nothing has changed. The citizens of Russia poorly imagine not only the structure of the supreme state organs, but are not informed on their rights and freedoms proclaimed by the Fundamental law of the state which is Constitution of the Russian Federation, and therefore are not informed about the ways of their protection and upholding.. Butorin has carried out selective inquiries, among various social groups of the population - city and rural - which have confirmed, that the society in its majority has the most vague representation about Constitution of the Russian Federation. According to him They mostly perceive with the certain share of surprise, when you start to explain, that according to Article 3 the barrier of the sovereignty and the unique source of the power in the Russian Federation shall be its multinational nation [1]. exist a number of reasons of strongly expressed legal infantilism in Russia. , Historical roots of infantilism. infantilism is an extremely Russian national feature. The mentality based on infantilism and laziness, originates in the past, in the epoch of the serfdom. Everything was solved by the master or the tsar. In 20th century under the Bolsheviks this infantilism has been aggravated, as any initiative was punished, appeared irresponsibility of collectivism, and desire and opportunity to profit on another s account. At present the person is put in such conditions when nothing depends on him. Realization of his rights completely depends on the official who either allows, or does not allow such realization. , Frequent discrepancy of the form of the law to its contents. The problem is, that separate legal norms are filled completely with another contents, favourable for the state. A vivid example is the opportunity of assignment of the governor of the subject by the President of Russia which does not correspond to the sense of Constitution of the Russian Federation. Amendments to the law About general principles of organization of the legislative (representative) and executive organs of the state power of the subjects of the Russian Federation raquo ;, concern the new order of assignment of governors, came into force on December 15, 2004. The given law has cancelled direct elections of governors by the population of the region and has entered the order of improvement of his nominee by the legislative assemblies of the subjects on presentation of the President of the Russian Federation. given regulations have been disputed in the Constitutional Court by fourteen representatives of the Union of the Right Forces, and by the Tyumen citizen Vladimir Grishkevich. But the Constitutional Court of the Russian Federation has confirmed constitutionality of the current order of assignment of Heads of the subjects of the Federation. to Resolution of the Constitutional Court of the Russian Federation, the powers of the President to bring a nominee of Head of the subject of the Federation on the improvement by the legislative organ of the given subject is not directly stipulated by Constitution of the Russian Federation, but the given circumstance does not interfere with that the federal legislator has assigned on the President of the Russian Federation as the Head of the state the certain functions on participation in allocation of head of the subject with certain powers. Such right of the President can not be considered as infringement of the principle of division of the powers as the final decision should be made by the legislative organ of the subject of the Federation. The Resolution of the Constitutional Court specifies, that heads of the subjects of the Federation are parts in the uniform system of the state power and are in relations of direct subordination with the President of the R...


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