Legal Ideology as an Element of the Relationship of Civil Society and the State

  • Viktor Yu. MELNIKOV Department of Criminal Procedure and Criminalistics, Rostov Institute (branch) of UGOWA (RPA of the Ministry of Justice), Rostov-on-don, Russian Federation
  • Yuri A. KOLESNIKOV Department of Municipal Law and Environmental Legislation, Federal State Autonomous Educational Institution ‘Southern Federal University’, Rostov-on-don, Russian Federation
  • Alla V. KISELEVA Department of Municipal Law and Environmental Legislation, Federal State Autonomous Educational Institution ‘Southern Federal University’, Rostov-on-don, Russian Federation
  • Bika B. DZHAMALOVA Law College of the North Caucasus Institute (branch) of the VGUYU (RPA of the Ministry of Justice of Russia), Makhachkala, Republic of Dagestan, Russian Federation

Abstract

In the article the urgent and important problems arising in connection with necessity of formation state of legal ideology in the form of a constitutional legal ideology, standing on the protection of the rights and freedoms of man and citizen. Special attention is paid to the question of what in legal science there is no uniform approach to the problem of the existence of state ideology in the Russian Federation. Main findings and novelty of the research are, according to the author, that in Russia the existence of a valid binding of the constitutional ideology of the state, functioning within a legal framework that does not violate rights, freedoms and legitimate interests of other persons and aimed at implementing the needs and requirements of the multinational people of the Russian Federation. It can be not only the basis of the national idea, but should serve as a means of uniting social groups and individuals to respond to national goals and objectives. Accordingly, a clearly defined constitutional and legal ideology, with its focus on respect and implement the rights, freedoms and legitimate interests of citizens of Russia, will contribute to stability in the state and society, to be important tool of state-building, guarantee the sustainability of the legal system, the uniform law enforcement practice. Thus, the constitutional and legal ideology – the system of constitutional values, is based on the recognition of the person, its rights and freedoms the Supreme value and the recognition of its right to ideological diversity, the protection of the interests of the state. This follows from the meaning and content of the norms of the Constitution of the Russian Federation, beliefs, ideas, perceptions about the basic foundations of the existence, interaction and development of society and the state in the formation of a legal democratic state.

References

References
[1] ‘About Partnerships of Owners of Housing’. 1998. The Bulletin of the Constitutional Court of the Russian Federation 4.
[2] Bondar, N.S. 2006. Convention's Jurisdiction of the European Court of Human Rights in Relation to the Competence of the Constitutional Court of the Russian Federation. Journal of Russian Law, 6: 113-27.
[3] Gadzhiev, G.A. 2014. Fatherland – not the Corporation. The Russian Newspaper 6310. Available at: http://www.rg.ru/2014/02/19/ideologia.html.
[4] Isayeva, K.M. 2015. Ideological Diversity as the Basis of the Constitutional System of the Russian Federation: Author's Abstract. PhD Thesis in Legal Sciences. Makhachkala.
[5] Khabrieva, T.Y. 2010. The Constitution of the States of Asia: in 3 volumes. Institute of Legislation and Comparative Law under the Government of the Russian Federation 3. Norma.
[6] Khabrieva, T.Y., and Chirkin, V.E. 2005. Theory of Modern Constitution. Norma.
[7] Khachanyan, S.V. 2017. Constitutional Conflicts in the Russian Federation. PhD Thesis in Legal Sciences. Rostov-on-Don.
[8] Kokotov, A.N. 2009. Constitutional Law of Russia. A Course of Lectures. Moscow.
[9] Kostruba, A. 2014. Civil legal relationship in the mechanism of regulation. Journal of the National Academy of Legal Sciences of Ukraine, 1(76): 112-120.
[10] Kozyrev, M.S. 2013. Ideology as a means of social engineering. Materials of the Afanasiev Readings, 1(11): 141-145.
[11] Kunichkina, N.S. 2008. Ideological Diversity and the Ban on State (Mandatory), the Ideology of the Norms of the Constitution of the Russian Federation. The Constitutional and Municipal Law 14.
[12] Lafitskiy, V.I. 2006. Twilight of Law: The Seven Sins of Legal Work. The Lawyer, 2: 79-86.
[13] Lukyanov, E.A. 2007. Some Problems of the Constitution of the Russian Federation. Constitutional and Municipal Law 15.
[14] Maklakov, V.V. 2010. The Constitution of Foreign Countries: Great Britain, France, Germany, Italy, The United States of America, Japan, Brazil: study guide. Volters Kluver.
[15] Matuzov, N.I. 1987. The Legal System and Personality. Saratov.
[16] Ovchinnikov, A.I. 2013. Ideology of the Russian State in the Context of Modernization: Basic Values and Priorities. North Caucasian Legal Bulletin 1.
[17] Ovchinnikov, A.I. 2013. The Concept of State Ideology and its Functions in the Modern State. Philosophy of Law 1(56).
[18] Poyarkov, S.Y. 2013. The Value Base of Ideology of Russian Constitutionalism. The Constitutional and Municipal Law 6.
[19] Senicheva, L.V. 2015. Development of civil initiative and public control at the local level. Materials of the Afanasiev Readings, 1(13): 230-235.
[20] Shayo, A. 2004. Self-defense of the Constitutional State. The Constitutional Law: Eastern European Review 2.
[21] Stetsovsly, Y.I. 2008. Fascism in Modern Europe. The Lawyer 1.
[22] Zorkin, V.D., and Lazarev, L.V. 2009. A commentary on the Constitution of the Russian Federation. Eksmo.
Published
2017-10-28
How to Cite
MELNIKOV, Viktor Yu. et al. Legal Ideology as an Element of the Relationship of Civil Society and the State. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 3, p. 919-925, oct. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1470>. Date accessed: 04 dec. 2024.