The rules of behavior that are folded in accordance. The concept and types of subjects of legal relations

Decor elements 21.09.2019

Decor elements

§ 1. The concept and types of social norms.
§ 2. The ratio of law with moral norms.
§ 3. The right and socio-technical norms.
§ 4. Orthodology: concept, structure, role in public life.
§ 5. Features of social norms operating in the armed forces.

§ 1. Concept and types of social norms

The most important means of organizing social relations are social norms: the norms of law, the norms of morality, the norms of public organizations, the norms of traditions, customs and rituals. These norms ensure the most appropriate and harmonious functioning of the Company in accordance with the needs of its development.

Social norms - These are the rules governing the behavior of people and the activities of organizations in their relationship ("Social" comes from the Latin word Socialis, which means "public.").

As noted earlier, the need for social standards originated on the earliest steps of human society's development due to the need to resolve the behavior of people with general rules. With the help of social norms, the most appropriate interaction of people is achieved, tasks are solved, which are not under the power of a separate person.

Social norms are characterized by a number of signs:

1. Social norms are the rules of human behavior. They indicate what should or may have human actions in the opinion of certain teams of people, various organizations or states. These are samples, according to which people convert their behavior.

2. Social norms are the rules of general behavior (in contrast to individual rules). The overall nature of the social norm is expressed in the fact that its requirements are not related to a specific person, but to many people. By virtue of this property, the order should be executed every time every one who will be in its action.

3. Social norms are not only common, but also the mandatory rules of behavior of people in society. Not only legal, but all other social norms are mandatory for those to whom they relate. In the necessary cases, the obligation of social norms is ensured by coercion. Therefore, state or social impacts may be applied to persons who violate the requirements of social norms. If the person has committed a violation of the legal norm, the measures of state coercion are applied. The violation of the requirements of the moral norm (immoral act) may entail the use of social impact measures: public condemnation, censure and other measures.

Thanks to these features, social norms become an important regulator of social relations, actively affect the behavior of people and determine its direction in various life situations.

All social norms acting in modern society, divided by two reasons:

According to the method of their formation (creation);

for the means of protecting them from violations.
On the basis of this, the following types of social norms are allocated:

1. Rights of law - rules of behavior that are established and protected by the state.

2. Norms of morality (morality) - rules of conduct that are established in society in accordance with the moral ideas of people about good and evil, justice and injustice, debt, honor, dignity and are protected by the power of public opinion or inner conviction.

3. Norms of public organizations are rules of conduct that are established by themselves. public organizations and are protected by social impact measures provided for by the charters of these organizations.

4. The norms of customs are the rules of conduct that have developed in a certain public environment and as a result of their multiple repetitions included in the habit of people. The peculiarity of these norms of behavior is that they are fulfilled by the habit of the natural vital need of a person.

5. The norms of traditions perform in the form of the most generalized and stable rules of conduct, which arise in connection with the maintenance of the progressive loss of a certain sphere of human life (for example, family, professional, military, national and other traditions).

6. Ritual norms are such a kind of social norms, which determines the rules for the behavior of people when performing rites and is protected by measures of moral impact. Ritual norms are widely used in conducting national holidays, marriages, official meetings of state and public figures. The peculiarity of the implementation of the norms of rituals is their colorfulness and theatricality.

The division of social norms is carried out not only by the method of their establishment and protection against violations, but also in content. On this basis, political, technical, labor, family norms, the norms of culture, religion and others are allocated.

All social norms in their totality and relationships are called the rules of the human dormitory.

§ 2. The ratio of law with moral standards

As a type of social norms, moral settings are characterized by common generic signs and are the rules of behavior that determine the attitude of a person to a person. If the actions of a person do not concern other people, his behavior from a social point of view is indifferent. Therefore, not all scientists consider the norms of morality by the phenomenon of solely socially.

Since the time of Kant, there is a conviction that the sphere of morality covers a purely inner world of man, so it is possible to evaluate the act as a moral or immoral one in relation to the person who has committed it. A person, as italic, is extracting the norms of his behavior, in itself, in the depths of his "soul", gives an assessment with his actions. From this point of view, a person taken separately, outside his relationship to other people, can be guided by moral rules.

There is a compromise position in the assessment of moral regulation. According to it, the rules of morality have a two-way nature: some have in mind the individual itself, others - the attitude of the individual to society. Hence the division of ethics on individual and social.

The most common and reasoned is the idea of \u200b\u200bthe absolutely social character of the norms of morality and the absence of any individual factor in them.

Shershevich, for example, believed that morality represents not the requirements of a person to themselves, but the requirements of society to a person. Not a person determines how he should treat others, and society establishes, as one person should treat another person. Not a separate individual assesses its behavior as good or bad, but society. It can recognize the act of morally good, although it is not good for the individual, and it can consider the act unworthy from the moral side, although it is fully approved from an individual point of view (see Shernevichg.F. CommonThe 170.).

There is a point of view that moral laws are laid in the very nature of man. Externally, they manifest themselves depending on one or another life situationin which the individual turns out. Others categorically argue that the norms of morality are the requirements facing man from the outside.

Apparently, there is no reason to conduct a watershed between the individual and social character of moral requirements, since it organically intertwine elements of both. It is clear one thing that any social norm is common, and in this sense it is not addressed to a specific individual, but to all or to a large group of individuals. Moral norms regulate not the "inner" world of a person, but the relationship between people. However, one should not lose sight of the individual aspects of moral requirements. Ultimately, their implementation depends on the moral maturity of a person, the strength of its moral views, the social orientation of its individual interests. And here the primary role is played by such individualized moral categories as conscience, debt that direct the behavior of a person in the channel of social morality. The inner conviction of an individual in morality or immorality of his act largely determines its social significance.

The unity of legal norms and norms of morality, as well as the unity of all social norms of a civilized society, is based on the community of socio-economic interests, the culture of society, the commitment of people to the ideals of freedom and justice.

At the same time, the rules of law and the norms of morality differ from each other by the following signs:

1. By origin. Morale norms add up in society based on the ideas of people about good and evil, honor, conscience, justice. They acquire compulsory importance as they are aware of the recognition and recognition by the majority of members of society. The norms of law established by the state, after entry into force, immediately become mandatory for all persons in the field of their actions.

2. At the form of an expression. Morale norms are not fixed in special acts. They are contained in the minds of people. The legal norms receive expression in official state acts (laws, decrees, decrees).

3. According to the method of protection against violations. The rules of morality and the norms of law in the legal civil society in the overwhelming majority of cases are complied with voluntarily on the basis of a natural understanding by people of justice their prescriptions. The implementation of both those and other norms are provided by internal conviction, as well as the means of public opinion. Such protection methods are quite sufficient for the day of moral norms. Measures of state coercion also apply to ensure the same legal norms.

4. According to the degree of detail. The rules of morality act in the form of the most generalized rules of behavior (be good, fair, honest). Legal norms are detailed, compared with moral norms, rules of conduct. They are consolidated clearly defined legal rights and duties of participants in public relations.

The rules of law and the norms of morality organically interact with each other. They are interdepending, complement and intercompose each other in regulating public relations. The objective conditionality of such cooperation is determined by the fact that legal laws embody the principles of humanism, justice, equality of people. In other words, the laws of the legal state embody the highest moral claims of modern society.

The accurate implementation of legal norms means simultaneously embodiment in the public life of the requirements of morality. In turn, the rules of morality have an active impact on the creation and implementation of legal norms. Requirements of public morality are fully taken into account by rulemaking government agencies when creating legal norms. The moral norms played a particularly important role in the process of applying the rules of law by the competent authorities in solving specific legal entities. Thus, the right legal decision of the court of questions about insulting the person, hooliganism and other largely depends on the records of moral norms operating in society.

Moral establishments have a beneficial effect on the exact and complete implementation of legal norms, to strengthen the legality and law enforcement. Violation of the legal norm causes natural moral condemnation by morally mature members of society. The duty to comply with the rules of law is the moral debt of all citizens of the legal state.

Thus, the right actively promotes the approval of progressive moral representations in society. Morale norms, in turn, fill the right to be deep moral content, promoting efficiency legal regulation, spiritualizing the actions and actions of participants in legal relations with moral ideals.

§ 3. Law and socio-technical norms

Technical norms are the rules of the most appropriate appeal of people with natural objects, instruments of labor, various technical means. Appointment of technical standards in proper use The forces of nature, technology is the most economical and environmentally friendly way.

Particularly important technical norms have in modern public life. The widespread introduction in the production of complex and high-precision equipment significantly increases productivity, the level of material support of people. Use of achievements of scientific and technological progress in the interests public Development requires strict compliance with the rules of operation technical means. The legal state is forced to constantly take care of the introduction of material benefits of scientifically sound, progressive norms of operation of technical means.

Technical standards include the rules for the implementation of construction work, instructions for the operation of machines and mechanisms, the rate of consumption of raw materials, fuel, electricity.

Technical norms are social in nature. But unlike social norms that regulate relations directly between people (man - man), technical norms regulate the behavior of people in connection with the use of technology (man - technique - man). Economic theory proved that the relationship arising in the production process always acts ultimately as social relations. "To produce, people enter certain connections and relationships, and only through these public ties And relations there are their attitude towards nature, there is a production "(Marx K .. Engels F. O. T. 25. Part II. P. 357.).

The specifics of the technical norms are expressed in this way, in the fact that they act as social norms with technical content. Socio-technical norms are an effective regulator of the part of public life, which is associated with the use of technology.

Technical norms are not some special kind of norms, but a combination of various types of social norms with technical content. These norms may acquire different forms: legal, moral, form of customs and others. An example of the technical standards generated by public organizations can serve as the norms establishing the size of sports shells, the rules of competition, etc. The technical standards adopted the form of customs can be attributed to the rules for the execution of the team "on the guard" with a weapon, the rules for divorce guard in the armed forces .

The most important technical provisions for society are checked in a legal form. Fixing technical rules Legal norms give them legal significance. By virtue of this, they become not only appropriate, but also compulsory rules that are protected by a state from violations. Not compliance with these norms entails legal liability. Thus, the criminal legislation of many countries provides responsibility for violating the rules of driving and operation of transport, for violation of security rules in the production of construction works, shipping rules and others.

Legal standards with technical content are called technical and legal. In modern society in strict observance Technical norms are interested in all its members. Therefore, the legal state gives them legal force and takes under their protection. Including technical standards in regulatory acts, the state has a stimulating effect on the efficiency of the use of equipment, on the organization of social production.

Military-technical standards are included in the overall system of social norms with technical content. They represent the rules of appropriate use by military personnel military equipment And combat weapons. These include the rules for the technical operation of combat, special and transport vehicles, the rules for using various types of weapons, combat installations, systems, flight rules, shipments and others. In the conditions of scientific and technological progress, the role of military-technical norms in the Armed Forces increases immeasurably. In turn, the continuous improvement and development of military equipment and weapons increases the requirements for the technical training of troops.

With the complication of military equipment, its computerization, the quality and number of individual receptions, actions, operations that are enshrined in military legal norms increase. Naturally, specialists serving equipment should know at the professional level and in the shortest possible time to fulfill the requirements of these norms. That is why the increase in the technical knowledge of military personnel, the deep mastering of the rules of treatment of equipment and weapons are among the most important events in the training system of troops.

Military-technical standards are usually fixed in the acts of military legislation: the charters, instructions, provisions, instructions (for example, instruction in small business, instruction on the automotive service). The norms that are fixed in these acts are called technical military-legal norms. As a kind of technical and legal norms, these norms reflect the specifics of the requirements that are presented to the use of military equipment and weapons.

§ 4. Omniscience; Concept, structure, role in public life

Exist various forms Public consciousness, through which people are aware (reflect) the world around. This is a political, moral, national, aesthetic, religious consciousness. The forms of public consciousness include legal awareness.

The legal consciousness is a totality of ideas, views, feelings, traditions, accommodation, which express the attitude of people to legal phenomena of public life. These are ideas about legislation, legitimacy, justice, about legitimate or unlawful behavior.

The peculiarity of the awareness, as a specific form of public consciousness, is expressed in the following.

1. Only those phenomena that constitute the legal side of society are reflected in the legal consciousness. It covers the process of creating legal norms, the implementation of their requirements in public life. Political, moral and other ideas and submission are also actively affecting the formation and implementation of the rules of law. But before obtaining an expression in legal norms, in the practice of their use, they must pass through the legal consciousness, that is, to get a legal form in the form of legal ideas and ideas.

2. The feature of the legal consciousness is also expressed in the method of reflecting the phenomena of public life. The awareness of the legal phenomena of the Company's life is carried out through special legal concepts and categories. These include, for example, such concepts as legitimacy, illegality, legal relationship, legal responsibility, legality. The moral consciousness assesses the world around us with the help of his own concepts: good, evil, justice, injustice, honor, dignity.

In structural relations, the legal consists of two elements: scientific advisory (legal ideology) and everyday human consciousness (legal psychology).

1. Legal ideology is a system of views and ideas that theoretical form reflect legal phenomena of public life. Theoretical reflection of legal ideas and views is contained in scientific research For states and rights, their essence and roles in public life. Since they contain objective conclusions and generalizations, this allows the state and its bodies to effectively use them in law-conducting and law enforcement activities.

2. Legal psychology is a totality of feelings, (habits, sentiment, traditions, in which the attitude of various social groups, professional teams, individual individuals to the right, legality, system legal institutions,. Functioning in society. Legal psychology characterizes those living, feelings, thoughts of people who arise in connection with the publication of the norms of law, the state of the current legislation and the practical implementation of its requirements. Joy or chagrin after the adoption of a new law, a sense of satisfaction or dissatisfaction with the implementation of specific norms, intolerable or indifferent attitude towards violations of legal prescriptions - all this refers to the field of legal psychology.

Public and individual legal consciousness. Public allegations summarizes legal views, ideas, traditions that are produced by individual people (individuals). Scientific advocations and legal psychology do not exist outside the consciousness of individuals. They include all the typical, most significant, which is contained in the legal consciousness of individuals.

Individual legal consciousness is the feelings and ideas about the right of a particular person. Public legal consciousness develops through the legal consciousness of individual individuals. However, it is immeasurably richer than an individual's awareness, as reflects the legal life of society in a chain. Individual legal consciousness cannot cover the entire variety of legal events of various periods of life of society - it reflects only individual, essential features. The legal consciousness of a particular person is under the influence of the conditions in which he lives and works. And since the conditions of life of individuals are different, it affects their skills. That is why the legal consciousness of one person can be deep, contain scientific assessment of legal phenomena, and the other - limited, lagging behind general level public awareness. It is very important to take into account the differences in the level of legal consciousness of individual people when organizing work on legal education.

The role of legal consciousness in public life. Occurrence plays an important role in improving and developing the legal life of society.

First, the legal consciousness is a necessary factor in creating the rules of law. After all, legal norms are formed in the process of conscious volitional activities of law-making bodies. Before obtaining an expression in legal norms, certain interests and needs of people pass through the will and consciousness of individuals creating legal norms. Therefore, the quality of legal norms, their compliance with the needs of social development is inextricably linked with legal ideas, the level of legal consciousness of those who create legal norms.

Secondly, the legal consciousness is an important and necessary condition for the accurate and complete implementation of legal norms. Requirements of the rules of law are referred directly to people. These requirements are also carried out through their conscious volitional activities. And the higher the level of legal consciousness of the citizens of the state, the more accurate the prescriptions of legal norms are fulfilled. Developed legal consciousness provides voluntary, deeply viscible implementation of legal requirements, understanding their correctness and intelligence. It causes people a feeling of intolerance to ruffles of law enforcement.

Thus, the legal consciousness is an important factor in the development of legislation, the stability of the rule of law, the reality of the rights and freedoms of citizens. The perfect legal consciousness also testifies to the high general and legal culture of the individual, makes it a full-fledged participant in various legal relations.

§ 5. Features of social norms operating in the Armed Forces

In the Armed Forces, there are uniform, common norms for all members of the Company's norms, the norms of morality, the norms of public organizations and other rules of social behavior.

In addition, the special nature of the activities of the Armed Forces determines the presence of such social norms that take into account the specifics of the military organization. These norms regulate the behavior of only those participants in public relations, which are directly related to the life and construction of the Armed Forces.

Consider what the features of social norms acting in specific conditions of the State Military Organization are expressed.

1. Rights of law. General legal prescriptions regulate far from all public relations, folding in the armed forces. There are special legal norms that regulate public relations arising in the army as an organization intended for the armed struggle. Such norms are called military legal, or military legislation.

Military legal norms enshrine the obligatory requirements of the state to the construction and organization of the armed forces, regulate the life, life and combat training of the troops. In particular, public relations are governed by public relations that are related to the management of the armed forces, their acquisition, military service, the organization of logistical supply of troops.

Military legal standards have all the signs that are inherent in general law standards. They are installed and protected by the state, are generally binding, express the interests and needs of military personnel. But they have a number of features.

First, in military legal norms, the specific principles of the military organization are reflected: the centralization of the leadership, the unity of command, uniqueness, the uncondition of military obedience and others.

Secondly, the significant impact on the maintenance of military legal norms is provided by the objective patterns of the armed struggle. Rules of rights that regulate martialctions Forces, take into account the objective nature of these patterns. Comprehensive reflection in military legal norms of laws of war and armed struggle contributes to the achievement of the necessary results in the war.

Thanks to these features, military legal norms are characterized by increased categoricalness, greater details of the rules contained in them, as well as more strict responsibility for their violation.

2. Norms of morality. In the Armed Forces, moral norms reflect the originality of those conditions in which military personnel live and operate. They establish moral requirements for the defenders of the Fatherland, which have developed in society in connection with the ideas of people about military duty, officer honor, valor, heroism, courage, military partnership. Moral norms make particularly high requirements for the moral qualities of military personnel who are needed by him in war in armed struggle. To defeat a strong enemy, each warrior must be brave, courageous, capable of feat and self-sacrifice.

The peculiarity of the rules of morality in force in the armed forces is expressed in the fact that many of them are fixed in military legal acts (military oath, charters, instructions). Therefore, they are both legal norms. Compliance with such moral norms is provided not only by the inner conviction, the power of public opinion, but in the necessary cases and measures of state coercion. Organic merger in them of legal and moral requirements increases the responsibility of military personnel for the fulfillment of their military debt.

3. Norms of public organizations. This type of social norms has an active impact on various aspects of the life and activities of the Armed Forces. They develop public activity, creative self-identity of military personnel, which contributes to the successful solution of combat training problems. Thus, participation in the work of military-scientific societies increases the technical level of members of these societies. The activities of the organizations of rationalizers and inventors in the army ensures more efficient use of military equipment and weapons, increases their reliability in operation. Military personnel - members of creative unions (writers, journalists, artists, cinematographers), various public organizations and associations - spend great work on the patriotic education of servicemen, to increase their cultural level.

4. Custom standards. This type of social norms is widely distributed in the daily life of the armed forces. The servicemen comply with the habit of the habit of the behavior that the day of them are usually regular in civil life. At the same time, the army and the fleet have the norms of military customers, which reflect the peculiarities of the military organization. They are in the habit of military personnel not immediately, but gradually, in the process of military service. Particularly strong skills in compliance with the norms of military behavior are generated from the professional military as a result of a multiple repetition of them and the same actions and actions. The norms of customs that have become natural for many servicemen are accuracy, collens, tightness, accuracy, excerpt, dyeing. The positive role of such habits is undoubted: in modern War Only durable skills will allow to take the right decision as soon as possible, successfully perform a combat task in a rapidly changing environment.

5. Norms of tradition. Those traditional rules reflecting the experience of educational and combat activities of troops, the features of military houses are called military traditions. Depending on which areas of the operations of the servicemen they add up, they can be divided into the following types:

Norms of combat traditions (the sphere of combat activities);

Rules of labor and labor traditions (scope of training activities);

The norms of the traditions of military house (sphere of military house).

The norms of tradition acting in the armed forces are an important means of improving the combat skill of troops, increasing their combat capability. They play a major role in patriotic education of warriors, in the formation of high moral and combat qualities.

6. Ritual norms. In the armed forces, the norms of military rituals have widespread. These are such rules in which the rules for the behavior of military personnel in the commission of military rites, solemn and mourning ceremonies are determined. The norms of military rituals are usually fixed in the charters and other acts of military legislation. These are the rules for the adoption of the military oath, the rules of the removal of the part of the part, the rules of conducting a system reviews, divorce military guard and others.

Thus, public relations in the Armed Forces are regulated through common and special social norms that reflect the special needs of the military state organization. This achieves a comprehensive settlement of the life and activities of military personnel.

Interconnection of the norms of law and other social norms

Legal and technical standards

OUTDENCE

Structure of legal consciousness

Questions to secure knowledge

1. What is the importance of regulatory regulation of social relations? What is his difference from other regulators of public life?

2. The main generic signs of social norms.

3. Criteria classification of social norms.

4. Give brief description Social norms.

5. Types of social norms: unity, distinction and interaction.

6. What are the moral foundations of legal norms?

7. To what extent is the right invade technology? Technical and legal norms and their specificity.

8. Orthodiscience as a form of public consciousness. What are his features?

9. Structure of legal consciousness: Legal ideology and legal psychology. How do they relate to individual legal consciousness?

10. What is the importance of legal consciousness for effective legislative activities?

11. The role of legal consciousness in the field of practical implementation of legal norms.

12. The ratio of legal consciousness and legal culture. Professional lawcraft lawyer.

They are set samplesin accordance with which people interact with each other. Public standards indicate what should or may have human actions.

2. Social norms are the rules of general behavior

This means that the requirements of social norms are not calculated on a separate person, as, for example, individual rules, but on all people living in society.

Moreover, the norms act constantly, continuouslyin a relationship all caseswhich are provided for by the rule.

In short, social norms establish a permanent, the overall criterion with which the behavior of people should relate.

3.Social norms are mandatory rules

Since the rules are designed to organize public relations and coordinate the interests of people, the requirements of the norms are protected by the power of public opinion, and with particular need - state-powerful coercion.

In this way, social norms - these are general rules of conduct that are continuously active in time in relation to an indefinite circle of persons and an unlimited number of cases.

Types of social norms

All existing social norms can be classified by three grounds:

1. By regulation Public relations Social norms are divided into:

- Rights of law - Communicative rules of behavior of people established and protected by the state;

- Moral norms - The rules of conduct that are established in society in accordance with the moral ideas of people about good and evil, justice and injustice, debt, honor, dignity. They are protected by the power of public opinion and (or) internal convictions of man;

- norms of customs - these are the rules of conduct that has developed as a result of a long repetition by people of certain actions that have consolidated as sustainable norms;

A special role in primitive society belonged such a variety of customs as rituals. The ritual is called the rule of behavior in which the most important thing is in advance the specified form of its execution. The ritual content itself is not so important - its form is important. Rituals were accompanied by many events in the life of primitive people. We are aware of the existence of rituals of the wires of tribesmen for hunting, entry into the position of the leader, the presentation of gifts of leaders, etc.

Somewhat later in ritual actions began to allocate rituals. The rites were the rules of conduct concluded in the performance of some symbolic actions. Unlike rituals, they pursued certain ideological (educational) goals and had a more serious impact on the human psyche.

- Norms of tradition - these are historically established and transmitted from generation to generation generalized rules related to the maintenance of family, national and other managers;

- Political norms- These are general rules for conducting relationships between classes, social groups associated with implementation state power, way to organize and activities of the state.

- Economic norms- are the rules of conduct that regulate public relations associated with the production, distribution and consumption of material goods.

- Norms of public organizations(Corporate norms) are the rules of conduct regulating public relations within various public organizations between their members. These norms are established by the public organizations themselves and are protected by the measures stipulated by the charters of these organizations.

-Religious norms As the type of social norms arise in the era of primitive. Primitive, aware of his weakness before the forces of nature, attributed the last divine force. Initially, the object of religious worship was a really existing subject - fetish. Then the man began to worship any animal or plant - the TEME, seeing his ancestor and defender. Then totemism was changed with animism (from lat. "Anima" - soul), i.e., faith in spirits, soul or universal spirituality of nature. Many scientists believe that it was the animation that became the basis for the emergence of modern religions: over time among supernatural Being People allocated a few special - gods. So the first polytetic (pagan) appeared, and then monotheistic religions;

2. By way of educationsocialorem are divided by spontaneously educated(ritual standards, traditions, morality) and norms, formed as a result of conscious activities of people(norms of law).

3. By consolidation method Public rules of behavior are divided into written and oral. Norms of morality, customs, traditions, usually hesometransmitted from generation to generation. Unlike them, legal norms acquire mandatory and state protection only after their written consolidation and publicationin special acts (laws, decrees, decrees, etc.).

In modern society, there are two main types of social norms (rules of conduct): socio-technical and actually social. The rules are used to regulate human behavior in its relations with nature, technique or in the sphere of public relations. A variety of human activity in society leads to a variety of rules of behavior, the totality of which ensures regulation of relations.

Social norms can be elaborate or created; Fasten and express in oral or writing.

The ratio between the right and morality includes four components: 1) Unity, 2) Difference, 3) Interaction, 4) Contradiction.

1. Unity of law and morality is expressed in the following features:

Varieties of social norms, i.e. they have the same regulatory framework;

The same goals and objectives are pursued: socialization of society;

Have the same regulatory object - public relations; Requirements of law and morality to social relations coincide. However, the right and morality regulate public relations in various volumes;

Define the boundaries of proper and possible actions of subjects of social relations;

Represent adhesive phenomena, which makes them socially situated in this society;

And the right, and morality act as fundamental generalistic values, indicators of social and cultural progress of society. In general, the right is erected by Morality.

2. The difference between the rights and morality consists in the following characteristics:

Various ways of establishing, formation. Legal norms are created either authorized, canceled, change or are complemented by the state, since the right expresses the state will of society. The rules of morality in turn arise and develop spontaneously, in the process of practical activity of people. At the same time, morality wears an unofficial (non-state) character;

At the right and morality, various methods of their collateral. Legal norms are the apparatus of state coercion, potential and possible. At the same time, legal norms enshrined in the laws are generally binding. Moral rely on public opinion. Violation of the norms of morality does not entail interventions of punitive state bodies;

Various forms of external expression, fixation. Legal norms are fixed in the legal acts of the state, they are grouped, are systematized. Moral norms in turn do not have similar clear forms of expression, are not taken into account, are not processed, but arise and exist in the minds of people;

Various character and method of their impact on the consciousness and behavior of people. The right regulates the relationship between actors in terms of their legal rights and obligations, and morality comes to human actions from the standpoint of moral values;

Various nature and order of responsibility for violation of respectively legal and moral norms. Unlawful actions entail legal liability, which is procedural. The violator of the same moral norms apply the measures of responsibility in the form of social impact.

The concept and types of legal relations.

BY - common relationship setulated rights *, Participants cat. These are subjective rights and legal entities. responsibilities. By allowing "translate" abstract JUR. Norms in the plane of personalized relations, i.e. on the level of subjective rights and legal entities. Responsibilities for these subjects.

* this is coming from the state andthey are protected Community formally defined prescription, expressed in the form of the rules of conduct or the starting establishment and ise.the state regulator of common relationships

Software has a complicated structure:

1) Subject There are participants in legal relations with relevant subjective rights and legal responsibilities. The sign is legal personality (legally enshrined opportunity to have P. and O., to independently implement them, as well as respond to the results of their behavior). Orthodox \u003d legal capacity + deputy.

2) Object 2 points of view: 1) This is what the rights and obligations of subjects of the software are directed to, about which they enter into legal entities. communication (benefits themselves); 2) What this software is directed - the behavior of the subjects of this software, aimed at various kinds of material and intangible benefits (and not the benefits themselves).

3) YUR Content According to Subjective Law and JUR. duty. (+ It is believed that the content of software is actual behavior aimed at implementing sub. Rights and obligations).

JUR. duty - Measure Jur. Proper behavior established to meet the interests of the management person (+ (hl) the need to make sure the actions or to be taken from their commitment; the need for the right submissal. Persons respond to transferred to him. Requirements; Requirements. Requirements .

Subjective Law (Imp) -

The composition and content of legal relations.

JUR. duty - Measure Jur. Proper behavior established to meet the interests of the management person (+ (hl) the need to make sure the actions or to be taken from their commitment; the need for the law-free. Persons respond to the right to him. Requirements; Requirements .

Subjective Law (Imp) - This is guaranteed by law the form and measure of the possible behavior of the controlled person, set. legal norm, which consists of 3 praises (- the right to own actions (inaction) / - the right to demand the commission (inaction) from other persons / - the right to defense is the opportunity to resort to state. coercion) and follows from objective right.

Material content (actual) (def. Actions, in the cat are implemented by rights and obligations).

+ ??Volga content (State. The Will, embodied in the right of the norm and in arising on the basis of legal program, as well as the volitional acts of its accounts).

The concept and types of constituent entities of legal relations.

Subjects - These are participants in legal relations with relevant subjective rights and legal duties. The sign is legal personality (legally enshrined opportunity to have P. and O., to independently implement them, as well as respond to the results of their behavior). Orthodox \u003d legal capacity + deputy.

The following types of legal relations are distinguished; individual and collective.

1 TO individual subjects (individuals) include: 1) citizens; 2) persons with dual citizenship; 3) stateless persons; 4) foreigners.

Individuals and foreigners may enter into the same relationships in the territory of Russia as citizens of the Russian Federation, for a number of restrictions established by the legislation: they cannot elect and be elected to the representative bodies of Russia, hold certain positions in the state. apparatus, serve in sun, etc.

2) K. collective subjects relate: 1) the state as a whole (when it, for example, enters into international legal relations with other states, to the constitutional-legal - subjects of the Federation, to civil law - about the federal state. Property, etc.); 2) state organizations; 3) Negos-Vain Organizations (private firms, commercial banks, public associations, etc.).

Collective entities possess in particular legal relations with the qualities of Yul. According to Part 1 of Art. 48 of the Civil Code of the Russian Federation "A legal entity is recognized as an organization that has a business management or operational management; separate property and is responsible for its obligations with these property, may be acquired on its own behalf and carry out property and personal non-property rights; Court "

The concept of legal personality.

Subject of law -this is a member of the software. Subjective rights and legal entities. responsibilities.

Legal personality – yur. The enshrined opportunity of the face to have rights and obligations, independently implement them within the framework of a specific software, as well as respond to the results of their behavior. Orthodox. \u003d legal capacity + legal capacity.

PRESHOUSE INFUT:

1)Legal capacity - This is potential ability Persons act as a carrier subjective rights and obligations.

At the subjects -individov: arises from birth and ceases death; comes immediately in full; The restriction is not allowed.

Collective entities: begins with the moment of their official recognition (registration).

-general - This is the ability of any person or organization to be a subject of law as such, in general.

-sectoral- JUR. The ability of FL or organization to be a subject of one or another branch of law. In each industry, the timing of its onset M.B. Noodynakov (Marchenko).

-special -the ability to be a member of the software that arise in connection with the occupation of a certain position (President, Judge, a member of the Parliament) or a person belonging to certain categories of entities of law (series employees vehicle, Rule. organs, etc.).

2)Accuracy- The actual ability of the face with its conscious skills to acquire and implement the rights, create responsibilities for themselves and perform them (+ in Romasham: ..a also carry d'omen).

Accuracy is associated with the mental and age properties of people and depends on them.

* Types of individual capacity in volume:

1) full of 18 years (from 16 years old - marriage, emancipation in GP) - can relevant basic rights and obligations.

2) incomplete:

Partial (from 14 to 18 years old) - Only part of its potential P. and O. It is due to the circumstances of the objective Har-Ra.

Limited - associated with the forced restriction of a previously capable individual (or a measure of responsibility (H: deprivation leads. Rights), either a measure of preventive or legality Har-RA (H: a restriction in an alcoholic occasion)

* Types of individual capacity for Har-ru:

General (implement the main P. and O.)

Special (due to special legal status and depends on many factors (occupation, citizenship ..)

The capacity of collective subjects arises simultaneously with the right-time at the time of registration. Views: General, special.

* Art. 27 GK (Emancipation): A minor who has reached sixteen years can be declared fully capable if he works under an employment contract, including under the contract, or with the consent of parents, adoptive parents or trustee engaged in entrepreneurial activities.

Object of legal relationship: concept and types.

Object in - This is what the rights and obligations of the subjects of the software are directed, about which they enter into legal entities. Communication.

People always participate in the sake of satisfaction of their interests.. This goal is achieved through the rights and obligations that provide certain benefits ( what gives prosperity satisfies the needs)

Allocate 2 approaches to understanding this category:

1) the behavior of the subjects of this software, aimed at various kinds of material and intangible benefits (and not the benefits themselves).

2) according to the second approach objects MB:

a) material benefits, material world items - things;

b) the results of spiritual, intelligence. creativity (thin or documentaries, scientific and thin. books, etc.)

c) the behavior of people - their certain actions or inactivity, as well as the consequences, a sharp of this or that behavior;

d) personal nonsense. and other social. good, cat. Serve arise to the needs of the participants of the software and on the side of the parties. Community and subjective rights. (honor, dignity)

Central Bank and Documents (Money, Diplomas, Certificates).

The concept and classification of legal facts. Actual composition.

Yurfact - Specific life circumstances with which the law binds the emergence, change and termination of legal relations. Yurfact- These are concrete life circumstances, with a cat. The law binds the offensive of various JUR. consequences.

On legal The fact indicates the hypothesis of the rule of law.

We are somewhat among people, we make some actions in accordance with a particular situation. We have to communicate with each other, using generally accepted standards. In the aggregate, all this is our behavior. Let's try to figure deeper

Behavior as a moral category

Behavior is a complex of human actions that the individual performs throughout long period time in given conditions. These are all actions, and not separately taken. Regardless of whether the actions are made consciously or inadvertently, they are morally evaluating. It is worth noting that the behavior can reflect both the actions of one person and the whole team. In this case, the influence has both personal characteristics of the nature and the specificity of interpersonal relations. His behavior man displays his attitude to society, to specific people, to the surrounding items.

The concept of a behavior line

The concept of behavior Includes a definition of a behavior line, which implies the presence of a certain system and sequence in the repetitive actions of the individual or the features of the actions of a group of persons over a long period of time. Behavior is perhaps the only indicator that objectively characterizes moral qualities and driving motives of the person.

The concept of rules of behavior, etiquette

Etiquette is a totality of norms and rules that regulate the relationship between a person with others. This is an integral part of public culture (culture of behavior). It is expressed in complex system Relationships between people. This includes such concepts as:

polite, courteous and patronage treatment with fair sex;
feeling respect and manifestation of deep respect for the older generation;
the right forms of everyday communication with others;
norms and rules of dialogue;
finding a dining table;
sending with guests;
performing requirements for human clothing (dress code).

All these laws of decency embody general ideas about the dignity of humans, simple requirements for convenience and ease in the relationships of people. In general, coincide with common requirements courtesy. However, there are also strictly established ethical standards having a constant nature.

Respect treatment of students and students to teachers.
- Compliance with subordination for subordinates to their leadership.
- Norms of behavior in public places during seminars and conferences.

Psychology as a science of behavior

Psychology - Science, which studies the peculiarities of human behavior and motivation. This area of \u200b\u200bknowledge studies how thought and behavioral processes proceeds, the specific properties of the individual, the mechanisms that exist in human consciousness and explaining the deep subjective reasons for those or other things. It also considers the distinctive features of the character of a person, given those essential factors that determine them (stereotypes, habits, inconsistencies, feelings, needs), which may be partly congenital, and partly acquired, educated in relevant social conditions. Thus, the science of psychology helps us understand, because it reveals his mental nature and the moral conditions for its formation.

Behavior as a reflection of a person's actions

Depending on the nature of the person's action, you can identify different.

The man of his actions may try to attract the attention of others. This behavior is called demonstrative.
If a person takes on any obligations and conscientiously performs them, then his behavior is called responsible.
The behavior that determines the actions of a person aimed at the benefit of others, and for which it does not require any remuneration, is called helping.
There is also an internal behavior, which is characterized by the fact that the person himself decides for himself, what to believe that to appreciate.

There are other, more complex.

Deviant behavior. It is a negative retreat from the norms and samples of behavior. As a rule, it entails the use of various types of punishment to the violator.
If a person demonstrates full indifference to the surrounding, the unwillingness to make decisions to independently, thoughtlessly follows in their actions for others, then his behavior is considered to be conformal.

Characteristic of behavior

The behavior of an individual can be characterized by various categories.

Congenital behavior - as a rule, these are instincts.
Acquired behavior is actions committed by a person in accordance with his upbringing.
Intentional behavior - actions carried out by man consciously.
Unintentional behavior is actions performed spontaneously.
Also, behavior is conscious and unconscious.

Code of conduct

The norms of human behavior in society pays close attention. The norm is a primitive form of a requirement for morality. On the one hand, it is a form of relationships, and on the other - a specific form of consciousness and thinking of an individual. The norm of behavior is constantly reproducible actions of many people, mandatory for each person individually. The society needs that in the given situations people come on a specific scenario, which is designed to keep social equilibrium. The obligatory force of behavior rate for each individual person is based on examples from society, mentors and the nearest environment. In addition, an important role is played by the habit, as well as collective or individual coercion. At the same time, the norms of behavior should proceed by common, abstract ideas about morality and morality (definition of good, evil, and so on). One of the tasks of the proper education of a person in society is that the simplest norms of behavior have become the internal need of a person, acquired the form of habits and carried out without external and internal coercion.

Education of the younger generation

One of the most important points in the education of the younger generation are. The purpose of such conversations should be to expand the knowledge of schoolchildren about the culture of behavior, the explanation of the moral meaning of this concept, as well as the upbringing of their skills of proper behavior in society. First of all, the teacher must explain to students, that it is inextricably linked to the people around them, which will behave how much to behave, how easy it will be easy and pleasant to live next to him. Teachers should also bring up in children positive character traits on the examples of books of different writers and poets. Also, schoolchildren need to explain the following rules:

how to behave at school;
how to behave on the street;
how to behave in the company;
how to behave in urban transport;
how to behave visiting.

Special attention, especially in high school, it is important to pay such an issue as in the society of classmates, as well as in the society of guys outside the school.

Public opinion as a reaction to human behavior

Public opinion is a mechanism by which society regulates the behavior of each particular individual. Any form of social discipline falls under this category, including traditions and customs, because for society is something like legislative norms behavior whom the overwhelming majority of people follow. Moreover, such traditions form a public opinion, which acts as a powerful mechanism for regulating behavior and human relationships in different spheres of life. From an ethical point of view, the determining point in the regulation of the behavior of the individual is not his personal discretion, but a public opinion that relies on certain generally accepted moral principles and criteria. It must be recognized that a separate person has the right to independently decide how to behave in a particular situation, despite the fact that the norms adopted in society, as well as a collective opinion, are provided to the formation of self-consciousness. Under the influence of approval or censure, the nature of the person can change radically.

Assessment of human behavior

Considering the question, you must not forget about such a thing as an assessment of the behavior of a separate person. This assessment lies in approval or condemnation by the society of a specific act, as well as the behavior of the individual as a whole. Its positive or negative attitude to the measured subject, people can express in the form of praise or censure, consent or criticism, manifestations of sympathies or dislike, that is, through various external actions and emotions. In contrast to the requirements expressed in the form of norms, which in the form of general rules, prescribe how a person should act in a particular situation, the assessment compares these requirements with those specific phenomena and events that already take place in reality, establishing their compliance or inconsistency. existing norms of behavior.

Gold rule of behavior

In addition, we all know the generally accepted, there is a golden rule. It originated in ancient times when the first substantive requirements for human morality were formed. Its essence is to treat others in such a way, no matter how you would like to see this attitude towards yourself. Such ideas met in such ancient works as the teachings of Confucius, the Bible, Iliad of Homer and so on. It is worth noting that this is one of the few conviction that has been preserved to our time almost unchanged and did not lose its relevance. The positive moral importance of the golden rule is determined by the fact that it practically focuses the individual on the development an important element In the mechanism of moral behavior - the ability to put itself in place of others and emotionally worry their condition. In modern morality, the golden rule of behavior is an elementary universal prerequisite for relations between people, expressing a continuity with the moral experience of the past.

\u003e\u003e Rules and norms of behavior in society

15. Rules and norms of behavior in society

What are social norms?

Human behavior, i.e., lifestyle and action depends not only on the nature of a person, its habits, but also from how it follows certain rules and standards established by society. Since childhood, we get acquainted with the rules of behavior, customs, traditions, values. Knowledge of norms and rules allows us to manage your behavior, control it.

The norms indicate where and how we must behave. For men and women, for children and adults, their rules of behavior have been developed.

The assimilation of the rules and rules begins with children's games. Here everything happens as if a ponaroshka. Nevertheless, playing seriously, the child sticks certain rules.

Commissioning to the world of adults in the gaming situation, the rules of behavior and social norms are mastered.

The game is a way to know the norms and rules of the adult society. Games in "Mother's daughter", "doctor and patient" model the world of adults. Essentially, in the hands of the child is not a doll mother or doll-doctor. They control adult creatures, arranging them in such a manner as they, children, are considered correct, makes it say that they consider it necessary to say. Girls playing in the "hospital", you need to lose the role of a patient and a doctor, ask about health, prescribe a medicine, to take care of the patient and try to cure it. Playing to school, the participants of the game perform the roles of the teacher, the director of the school, student, parent. They require disciples to perform certain rules of behavior in the lesson, on change, in the dining room, etc.

Through the game, the teenager enters the world of adults, where the main role is performed by prohibitions and permits, requirements, rules of behavior, customs and traditions, in one word - social norms. There are many types of social norms in society.

Customs and traditions

The word "custom" came from everyday life. These are the usual forms of people's behavior in everyday life. Habits are a steadformed behavior scheme in certain situations. Lifestyle is created by our habits. Habits arise on the basis of skills and fixed as a result of multiple repetition. These are the habits to clean the teeth in the mornings and evenings, greet, cover the door, etc. The majority of habits are not met by the outside of others, no condemnation. But there are so-called bad habits: talk loudly, read at dinner, nibble nails. They indicate bad manners. Manners are external forms of human behavior. They are based on habits and receive a positive or negative assessment of others. Manners are distinguished by people raised from the uncompatible. Good manners need to be learned. It is tidy to dress, carefully listen to the interlocutor, be able to behave at the table - all this is everyday manners of a brought up man. Separately, manners make up elements, or features, cultures, and together - etiquette. Etiquette is the system of rules of behavior that make up a single integer in special social circles. Special etiquette existed in the royal courtyards, in secular salons, diplomatic circles. Etiquette includes special manners, norms, ceremonies and rituals.

Social norms- These are the rules established in society and regulating human behavior.

Of great importance in the life of society have customs. Custom is a traditionally established behavior order. Customs are inherent in the wide masses of people. Customs of hospitality, celebrations of Christmas and New Year, respect for the elders and many others will be kept by the people as a collective heritage as values. Customs - Society Approved by mass samples of actions that are recommended to perform. The behavior of a person who violates the custom, causes disapproval, censure.

If habits and customs transfers from one generation to another, they turn into traditions. Tradition is all that inherited from predecessors.

Initially, this word indicated the "legend." As tradition, values, norms, behaviors, ideas, tastes, views are also advocated. Traditional can be a meeting of former classmates, fellow soldiers, the rise of a national or ship flag. Some traditions are performed in ordinary, while others are in a festive, raised atmosphere. They relate to cultural heritage, surrounded by honor and respect, serve as a disconnecting start.

Customs and traditions are accompanied by rituals. The rite is a set of actions established by custom. They express some religious representations or household traditions. Ritals are not limited to one social group, but apply to all sectors of the population. Rites accompany the important moments of human life. They may be associated with the birth of man, baptism, wedding, engaged. Rites accompany man entry into a new sphere: military oath, dedication to students. With the death of a person, such rites like burial, funeral, commemoration are connected.

Morals and laws

Morals - Especially oversized, highly communal mass samples of action. They reflect the moral values \u200b\u200bof society, their violation is punishable more severely, rather than violation of traditions. From the word "morals" occurs "morality" - ethical norms, spiritual principles that determine the most important parties to the life of society. The Latin word Moralis translated means "moral". Morals are customs that have moral importance, the forms of behavior of people who are in this society and may be elaborate. In all societies, it is considered immoral to insult senior, offend weak, humiliate the disabled person, obscene to express. A special form of morals is taboo. Taba is a system of prohibitions for any actions, words, items. In ancient societies, a system of such prohibitions defined the rules of life of people. In modern society, Taboo is put on the desecration of national shrines, graves, monuments, insulting the feeling of patriotism, etc.

Morality relies on the system of values.

Values- socially appreciated and shared by the majority of people of the idea of \u200b\u200bwhat is good, justice, patriotism, citizenship. They serve as a benchmark and ideal for all people. For believers in society there are religious norms - the rules of conduct contained in the texts of the Holy Books or the church established by the Church.

The behavior of people in society is also regulated using legal norms. They are fixed in the laws issued by the state, and clearly define the boundaries of the behavior. Violation of law entails a certain sentence. The laws of society protect the most expensive and revered values: human life, state secrets, human rights and human dignity, property.

Let's summarize

Human society cannot exist without certain rules and norms. The norms of behavior existing in society, customs, morals, religion, the right to regulate the life and relationships of people, share society and maintain public order.

Check your knowledge

1. Explain the meaning of the concepts: "Social norms", "customs", "morals", "etiquette", "religious norms", "legal norms".
2. Give examples of such forms of behavior as habits, traditions, morals.
3. Why are laws in society?

Workshop

1. Using history knowledge Ancient MiraPrepare the message "How the norms of life and behavior of people in society appeared."
2. Explain the relationship of the moral position of the member of the Company: "I want!", "I can!", "I owe!".

Kravchenko A.I., Pieveova E.A., Society: Tutorial for grade 6 educational institutions. - 12th ed. - M.: LLC "TID" Russian Word - RS ", 2009. - 184 p.

Design of lesson Abstract lesson reference frame presentation lesson accelerative methods interactive technologies Practice Tasks and exercises self-test Workshop, trainings, cases, quests Home tasks Discussion issues Rhetorical questions from students Illustrations Audio, video clips and multimedia Photos, pictures, tables, Schemes of humor, jokes, jokes, Comics Proverbs, sayings, crosswords, quotes Supplements Abstracts Articles Chips for Curious Cheat Sheets Textbooks Basic and Additional Globes Other Terms Improving textbooks and lessons Fixing errors in the textbook Updating fragment in the textbook. Innovation elements in the lesson replacing outdated knowledge new Only for teachers Perfect lessons Calendar Plan for the year Methodical recommendations of the discussion program Integrated lessons

In this way, social norms - these are general rules of conduct that are continuously active in time in relation to an indefinite circle of persons and an unlimited number of cases.

Types of social norms

All existing social norms can be classified by three grounds:

1. By regulation Public relations Social norms are divided into:

o. norms rights - Communicative rules of behavior of people established and protected by the state;

o. moral norms - The rules of conduct that are established in society in accordance with the moral ideas of people about good and evil, justice and injustice, debt, honor, dignity. They are protected by the power of public opinion and (or) internal convictions of man;

o. norms of custom - these are the rules of conduct that has developed as a result of a long repetition by people of certain actions that have consolidated as sustainable norms;

o. norms of tradition - these are historically established and transmitted from generation to generation generalized rules related to the maintenance of family, national and other managers;

o. political norms- These are general rules of conduct that regulates relationships between classes, social groups related to the implementation of state power, the method of organization and activities of the state.

o. economic norms- are the rules of conduct that regulate public relations associated with the production, distribution and consumption of material goods.

o. norms of public organizations(Corporate norms) are the rules of conduct regulating public relations within various public organizations between their members. These norms are established by the public organizations themselves and are protected by the measures stipulated by the charters of these organizations.

o. religious norms As the type of social norms arise in the era of primitive. Primitive man who realized his weakness before the forces of nature attributed the last divine force. Initially, the object of religious worship was a really existing subject - fetish. Then the man began to worship any animal or plant - the TEME, seeing his ancestor and defender. Then totemism was changed with animism (from lat. "Anima" - soul), i.e., faith in spirits, soul or universal spirituality of nature. Many scientists believe that it was Animism that became the basis for the emergence of modern religions: over time, among the supernatural beings, people allocated several special - gods. So the first polytetic (pagan) appeared, and then monotheistic religions;

2. By way of educationsocialorem are divided by spontaneously educated (ritual standards, traditions, morality) and norms, formed as a result of conscious people's activities(norms of law).

3.Apportment method Public rules of behavior are divided into written I. oral. Norms of morality, customs, traditions, usually hesome transmitted from generation to generation. Unlike them, legal norms acquire mandatory and state protection only after their written consolidation and publication in special acts (laws, decrees, decrees, etc.).

Social norms can be elaborate or created; Fasten and express in oral or writing.

32. Legal status Personality: concept, structure and types.

Legal personality status they call the system of rights, freedoms and responsibilities of the individual, enshrined by the state in legislation. In essence, legal status is a system of standards, samples of human behavior, encouraged by the state and, as a rule, approved by society.

The structure of legal status includes citizenship, legal personality and some other elements. The ability to implement some rights gives only the possession of a certain legal status. Allocate legal statuses: a) citizens; b) foreigners; c) stateless persons; d) persons who are granted asylum.

In addition, there are distinguished common legal status of a person as a citizen of a state or a member of society: industry (determined by the norms of a particular industry); inter-sectoral (complex) and speciallegal status associated with some legal restrictions and implementation of responsibility measures.

The structure of legal status includes legal rights, freedoms and obligations.

Constitutional rights and freedoms - the dosage of the foundations of the legal status of the person, enshrined in the Constitution. Rights and freedoms are only part of the constitutional and legal status of the individual (its other part is constitutional duties).

Human rights - these are established and guaranteed by the state in the legal norm of the possibility of [the right person) of the individual to perform certain actions in the Society of Society specified in the law. The person granted to him either can take advantage of it, or not. All rights can be divided into personal, economic, social and cultural.

Freedoms of man they call those areas, areas of its activities in which the state should not interfere in which the individual can act at its discretion in accordance with its interests and goals, without leaving, of course, for the limits established by the legislation. If human rights determine its specific actions (for example, the right to move freely, choose the place of stay and residence), then the freedoms are consolidated by the Individual the possibility of an independent choice of the variant of their behavior, without delineating its concrete result.

Prerequisite The realization of human rights and freedoms is the fulfillment of legal duties.

Legal duties - these are established and guaranteed by the state requirements for human behavior, mandatory execution.

As elements of the legal status of the personality, the rights, freedoms and duties of the personality are interrelated and interdepended. The rights and freedoms of one individual ends where the rights and freedoms of the other begins.

Types of human rights

By time occurrence There are three so-called generations of human rights. TO first generation Civil and political rights are related (sometimes they are called negative, etc. To comply with the state, the state does not need to take active actions). Rights second generation Includes social and economic rights, the consolidation of which in the constitutions and laws of the most developed countries refers to the beginning of the XX century. Sometimes they are called mnimamiBecause when they are implemented, it is necessary to infringe on the rights of the first generation (for example, the right of citizens to rest limits the freedom of entrepreneurship). To rights third generation include the rights of peoples: the right of the people for self-determination up to separation and education independent state, the right to decent existence and the right to develop the people. The idea of \u200b\u200bthem is approved in legal science and international legal practice in the second half of the 20th century, to a greater extent after the Second World War, first of all it is due to the activation of the struggle of peoples for their independence and the collapse of the global colonial system.

According to the method of existence and reflection distinguish naturalrights belonging to man from birth and positive(artificial) rights set aside by the state.

In the circle of subjects, rights are divided into individual (belonging to individuals) and collective (owned and implemented by a group of persons existing as a community: disabled people, consumers, minors, refugees).

In action from the sphere of social relationsin which the individual implements his rights and freedoms, distinguish personal (civil), political, economic, social and cultural rights of the man.

Civilian (personal) rights - these are the rights belonging to a person as a biosocial being. They are designed to provide freedom and autonomy of an individual as a member of society, to protect him from any illegal external intervention in privacy.

This group of rights include: the right to life, freedom and personal integrity, the honor and dignity and their protection, the right to personal and family secret, to citizenship (consequently, on the protection of the state), equality to law and the court, the presumption of innocence, Freedom of choice of residence, inviolability of housing and private life, the right to the secret of correspondence, telephone conversations, postal and other messages, freedom of conscience and other rights (Art. 20 -28 of the Constitution of the Russian Federation).

TOpolitical rights these are the rights to ensure the opportunity to participate citizens in the political life of the country and the implementation of state power. Political rights are recognized only for the citizens of the state, since the presence of citizenship is an indispensable condition for their possession.

This group of rights belongs: the voting rights, i.e. the right to elect and be elected to state authorities and local self-government, freedom of speech, thoughts, conscience, peaceful assembly, creating unions and associations, as well as the right to send personal and collective appeals ( Petition) to state authorities (Art. 33 of the Constitution of the Russian Federation).

Social rightsimplemented in the field of social relations. The volume and degree of realization of these rights largely depend on the state of the state's economy. These are the rights to welfare and a decent standard of living: the right to social security by age, in case of illness, disability, the loss of the breadwinner, to raise children; right to housing; right to medical care (free of healthcare institutions); the right to protect motherhood and childhood; right to favorable environment.

Cultural rights the person provides spiritual development and self-realization of the personality: the right to education, the right to participate in cultural life, to access cultural values, freedom of creativity, the right to cultural identity (use by the native language, national customs, traditions, etc.), the right to use of scientific progress and their practical application And other rights.

Economic Radian spheres of material benefits. This is, first of all, the right of private property, the possibility of carrying out business.

Responsibilities

All the responsibilities of Russian citizens, for fastened in the Constitution of the Russian Federation, can be divided into general and special (Specific).

TO common these duties that apply to all citizens of the country without exception, namely:

and] the obligation to comply with the Constitution and the Law of the Russian Federation;

b] the duty to maintain nature and the environment, carefully refer to natural wealth;

in] the obligation to take care of the preservation of historical and cultural heritage, Keep monuments of history, culture, nature.

Special (Specific) responsibilities are assigned to certain categories of persons:

a] for parents - the obligation to take care of the education of children and ensure the receipt of the main general education by children;

b] for the able-bodied children who have reached 18 years, - the obligation to take care of disabled parents;

in] for taxpayers - the obligation to pay legally established taxes and fees;

d] for military personnel - the duty to defend Fatherland and others.

Guarantees of the legal status of personality

Guarantees of the foundation status can be divided by sodium species:

political (determine the focus of the state policy to protect the personality, the ability to control power from the Company);

socio-economic (the material basis of these rights, for example, the state pensions established by law and social benefits);

legal (Proclamation of the principles of the legal state, presumption of innocence, inadmissibility of re-liability for the same offense, etc.). Article 55 is particularly stated that the transfer in the Constitution of fundamental rights and freedoms should not be interpreted as the denial or derivation of other generally accepted rights and freedoms of man and citizen.

Citizenship

The legal status of an individual in the territory of a particular state varies depending on whether he is a citizen of this state, a foreign citizen or a stateless person (aparter).

Citizenship called sustainable Legal Communication of a person with the state, expressed in the aggregate of their mutual rights, duties and responsibilities based on recognition and respect for the dignity, human rights and freedoms.

The presence of a state of citizenship state is a legal prerequisite for the possibility of using the rights and freedoms that this state Provides its citizens, as well as to carry the obligation established by its law.

It is necessary to distinguish between citizens and individuals living in the country. It is impossible to say that anyone in the borders Russian Federation, It is its citizen, so a complex of rights and duties characterizing its status will differ from the status of a citizen of the Russian Federation.

Citizenship should be distinguished from the citizenship, which is used to designate legal relations of the face and the state during the monarchy (where there is an emperor, the king, the king, Emir, there are their subjects).

Principles of citizenship

Equalityrights and responsibilities different ways acquisition of citizenship

Unity -the accommodation of a citizen in Russia automatically means the citizenship of the subject of the Russian Federation, the citizenship of Russia is covered by, "absorbs" legal relations with the republics in its composition, therefore, no additional design for the acquisition of a citizen's status of the constituent entity is not required.

Open and free citizenshipit makes it possible to acquire it on enough preferential grounds (for example, a child born in the territory of the Russian Federation from stateless persons becomes a Russian citizen). At the same time, the state gives the right to terminate or acquire dual citizenship.

Voluntary address of citizenship issues.The person on its initiative appeals to the relevant authorities in order to acquire citizenship. On the other hand, no one can be deprived of the citizenship of the Russian Federation. Even the loss of territorial communications with the state due to changes in the place of residence does not mean losses, legal ultrasound of citizenship.

Types of Citizenship Acquisition

Russian legislation enshrines several grounds acquisition of citizenship:

1 . Confession.In connection with the collapse of the USSR, recognition of citizenship was carried out in respect of all citizens of the former Soviet Unionwho constantly lived on the territory of the Russian Federation and during the year did not express desires to dissociate the legal relationship with Russia. Stamp of registration on the territory of the RSFSR in a passport meant the automatic purchase of Russian citizenship by recognition.

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