or purely legal, has significant educative importance both for the citizens and for official.10 years of its existence the Constitutional Court of Republic Adygea, has accumulated the significant experience. As to results of its activity, it is necessary to note the certain legal positions, worded in its decisions, disregarding which it is already impossible the correct understanding and enforcement activity of the republican Constitution.judicial practice of the Constitutional Court of Republic Adygea has manifested itself for the expired decennial event not only as the facility of legal protection of the republican Constitution from perversion by the current legislation, not only as the contribution to creation and development of the theory of the constitutional law. Judicial practice has to continue to decide the problem of protection of the constitutional justice from never-ending attempts of its liquidation in this or that way. And here again, interferes the feudal psychology of a number of politicians and officials, for whom the court if it is independent is the uncomfortable institute for them.of the main objections against existence of the constitutional (authorized) courts for instance reference to their weak intensity in examination of cases. Herewith their activity is compared with courts of general jurisdiction. We think such analogy is incorrect. The constitutional questions and disputes are absolutely not comparable with criminal and civil cases, more over these cases on administrative offenses. Beginning with the preliminary examination of the application, there follows preparation and hearing of the case with making final decision requiring multimonths (2-3 months,) of the scale examination not only domestic, but also foreign legislative law enforcement and doctrine array, as well as uniform principles and norms of the international law. This complex research work is unknown to judges of general jurisdiction.even under these circumstances for the ten-year period of its activity the Constitutional Court of Republic Adygea has adopted more than 64 resolutions and definitions, made 3 conclusions.to the researcher professor VA Kryazhkov the Intensity of activity of our constitutional (authorized) courts is at the level of constitutional (state) courts of the German lands during the period of their formation.think we should expect that psychology of our society will and evolve toward perception of the values, which are up-date recognized by the society in the developed countries, first of all, rights and freedoms of a person and a citizen. However this process can not be short. Probably, it will take the period of two generations.conclusion, I d like to note that the Constitutional Court of Republic Adygea formed in тисячі дев'ятсот дев'яносто сім shows that there has occurred the legal reinforcement of our society and with the origin of the judicial authorities of the subject there has been created the important premises of conversion of the Constitution in the acting law. And both citizens and legal persons have got additional guarantees in protection of their own interests.the variety of political legal points of view expressed by the Western researchers concerning the freedom of the person it is possible to select two main trends: liberal and republican. Traditionally liberal society is considered realization of the negative freedom. Freedom is main value of liberalism, but liberalism is not the philosophy of free society. Republican interpretation of freedom is based on analysis of the position of lucky slaves. Thus, in the opinion of R. Helli, the majorities of American Negroes, Russian serfs, soviet workers, collective farmers, representatives of intelligentsia, as well as their modern legal successors were and remain slaves since they have negative freedom, but do not run from their masters. The position of slaves is abhorrent since their negative freedom always depends on will of their masters or chiefs [44]. Safety of slaves is doubtful, and freedom is unstable. The given moment was fixed by E. Berk in 1773. in the dispute with Methodist, who did not want to pass the law about freedom of protestant dissidence. The Methodists confirmed that dissidents possess actual freedom and do not need is legal stipulation. E. Berk named the given freedom as condescension: Condescension is the relief of the position of the slave, instead of determination of freedom. Condescension is the condition of life of slaves. If I described the servitude, I would agree with the people rejecting i: this life depends on someone will, rather than law [45]..Skinner Also considers loss of freedom inevitable at absence of laws: In fact such freedom is similar to authority of condescending master. The efficient guarantee of the individual freedom is the presence of the appropriate social institutes of active self-management. For achievement of this purpose it is possible and necessa...
