03.03.2010 was held a round table "Actual problems of the theory and practice of the rule of law in Russia" - Юридический журнал Правовое государство: теория и практика

ISSN 2500-0217 / Включен в Перечень ВАК

 


Roundtable participants representing various law schools and scientific institutions GG Moscow, Yekaterinburg, Ufa discussed topical issues of formation of the rule of law in Russia and declare the following:


1. enshrined in the Constitution of post-Soviet Russia in 1993 its status as a "democratic federal state of law" (v. 1) is historically correct and completely acceptable step towards building a new Russia. Legal state - it is the most progressive form of living arrangement of human society. As such, it is recognized in a number of international instruments. Therefore are not correct occur, as in the scientific literature and in the speeches of public officials assess the situation of the Constitution of the Russian Federation on the legal state only as a kind of declaration or statement of intent. The current Constitution of Russia "has supreme legal force and direct effect, and is used throughout the Russian Federation" (v. 15).
I wanted to forget about it, not only representatives of legal science, but also government officials, leaders of our state.
Moreover, the legal community has to justify and promote the modernization of social processes and justice in line with exactly such a vector of development of our country.
2. The problem of optimization of state and legal institutions remains relevant today. We fully subscribe to the Message of the President of the Russian Federation Dmitry Medvedev to the Federal Assembly on November 12, 2009, where he set the task of updating Russia on a new basis.
At the same time, we believe that in today's update Russia should feel free to use the emerging opportunities in the country of the rule of law: more appealing to his ideas and positions in official speeches leaders of the state; greater use of the rule of law in the organization of educational, cultural and educational activities. We are convinced that an open and positive use of the benefits of the rule of law, as compared with the previous state that existed in Russia will contribute to the formation and improvement of many institutions, the rule of law in our country.
3. Needs significant modernization theory of law. Post-Soviet domestic legal science was fascinated only by external (formal) attributes the rule of law, not paying enough attention to its substantial aspects. In addition, the theory of the rule of law in the country has not yet become a subject of study no specialized research unit. If the Soviet government set up ad hoc scientific institutes (Institute of State and Law of the Academy of Sciences of the USSR, the All-Union Scientific Research Institute of Soviet legislation, and so on. D.), Which justified the intrinsic value of the state functioned then, today's institutions are not focused on the theoretical basis for the essence and importance of modern Russian States, especially the rule of law: in these research institutions today do not even have small units (sectors, departments, and so on. d.) on the rule of law.
On this basis all higher legal education, scientific - research institutions of the offer, based on the provisions of the current Constitution of the Russian Federation, to discuss issues related to the definition of the essence of today's Russian state, consider these questions in the process of drawing up research plans.
4. Problems of the rule of law in the country, in our opinion, have often raised and the Association of Lawyers of Russia: the country's lawyers need to know the essence of the State in which they work. Yes, and the legal culture of legal education, combating corruption, and so on. E. It is hardly possible to conduct substantive speech today and how to organize the effective work either yes, clearly presenting the essence and purpose of the present Russian state.
Ayur currently has a fairly active in many areas of legal work, are created by various commissions on specific areas of law. At the same time many of the speeches of the leaders Ayur, as well as of its decisions (contrary to the provisions of Art. 3 of the Charter of Ayur) still was not clear orientation of the organization follow the ideas and the provisions of law.
5. Updating Russia on a new basis is directly related to the level of legal culture, legal awareness and legal activity of citizens. To resolve these issues, you must create a national system of legal training and education of the population.
Ministry of Justice, Ministry of Education and Science of the Russian Federation, the Association of Lawyers of Russia jointly propose to initiate the Federal Law "On State Policy of the Russian Federation in the field of legal education, legal training and education", which would define the legal contours of the establishment and activities of the universal, lifelong learning and education different categories of persons and students.
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Roundtable participants hope that the problems of formation of the rule of law in Russia will find their supporters in all levels of our government and civil society.

Last modified on 16/04/2015

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ISSN 2500-0217 / Включен в Перечень ВАК