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4.3. Interactions of functions of mentality and the right. Kontradiktor - nye and consistently adjusted functions of the right.

Realising svo ѐ appointment, the right influences on objective real -

nost also co-operates with other phenomena of the social validity,

As it is perceived as its display функций498.

As mentality –

Society integral part also its functions play the important role in lips -

novlenii stable relations in a society also co-operate with functions

The rights as functions of environment and process.

In the scientific literature allocate following functions of mentality: hundred -

bilizirujushchuju, regulating, protective, preservation cultural and gnoseo -

Logic stereotypes, maintenance of continuity of existence sotsi -

alnoj a generality, world outlook, tseleorientirujushchuju, integrativnuju,

prognosticheskuju, etc. F.V.council approves, that all functions of mentality

It is possible to divide on integrating, keeping and развивающие499. Nekoto -

rye from these functions are similar to functions of the right influencing on obshche -

stvennye relations.

The question on right functions is till now one of discussed in

To the legal literature. There is no common opinion concerning their definition and

Classifications. Nevertheless, scientists agree in opinion, that function is

Influence direction on public relations, and the cores from spetsi -

Alno-legal functions are: reguljativnaja, guarding. Except

That, are allocated компенсационная500, восстановительная501, restrictive and

498 Abrams, A.I.problem of realisation reguljativnoj right functions: avtoref. dis. …

kand. jurid. Sciences: 12.00.01. – N.Novgorod, 2005. – With. 7 – 8.

499 Councils, F.V.Integrativnyj potential of Russian mentality: avtoref. dis. … kand.

filos. Sciences: 09.00.11. – N.Novgorod, 2007. URL: http://do.gendocs.ru/docs/index-173971.html

(Date of the reference 04.09.2012).

500 Konstantinova A.V.problem of concept and classifications of functions of the right.//the Bulletin

The Volgograd Academy of the Ministry of Internal Affairs of Russia. 2009. № 1 (8). With. 22-29; Kuzmin, M.V.Kompensatsi-

onnaja function in system of functions of the right: teoretiko-legal aspect//Actual proble -

We of the Russian right. 2014. № 2. S.174-179; Radko, So-called Compensatory function of the right//

The bulletin of Academy of the right and management. 2013. № 116. S.268-274.

199

Retaliatory функции502.

In the foreign literature such function of the right, as is allocated ustrashe -

nie, two forms of intimidation are thus discussed: the general and special

устрашение503, resolutions of conflicts or споров504, punishments and judicial

защиты505.

Besides the specified specially-legal functions of the right allocate

Also obshchesotsialnye: инновационную506, valuable, educational, in -

formatsionnuju, social изменений507; realisation of a public policy

(Through the right the state carries out public to the policy) 508, etc.

Right and mentality functions co-operate is mediated through about -

shchestvennye relations. They or strengthen effect of influence each other,

Or weaken.

It concerns and stabilising function of mentality and the right. Heads -

naja the purpose of such function - maintenance of stability of relations in a society. In

Context of the given work - maintenance of feeling of safety and confidence in

Tomorrow at members of a society. Stabilising function is wasps -

novnoj and for the right.

501Константинова A.V.Ukaz.soch. - with. 22-29

502Константинова A.V.decree. soch. – with. 22-29

503 Guillermo, Ruiz Juan, Sebastian Villaveces. Op. cit.; Beccariа, Сesare. Essays on Crimes

and Punishments. Translated, with an introduction by Henry Paolucci. – IN: Bobbs-Merrill. – 1963.

URL: http://heinonline.org; Wolff, Lutz-Christian. China’s Private International Investment Law:

One-Way Street into PRC Law?//The American Journal of Comparative Law. – 2008. – Vol. 56.

URL: http://heinonline.org; Grana, Sheryl J., Ollenburger, Jane C. The Social Context of Law. –

NJ.: Prentice Hall, 1999. – THE RIVER 138.

504 Rush, G.E. The Dictionary of Criminal Justise. – 4th ed. – Guilford, CT: Dushkin Publishing,

1994. – P. 315; Grana, Sheryl J., Ollenburge, Jane C. r. Op. cit. – THE RIVER 315.

505 Grana, Sheryl J., Ollenburger, Jane C. Op. cit. – THE RIVER 143.

506Степаненко D.M.structural of the characteristic of innovative function of the right//

Веснік Магіл ѐ ў skaga dzjarzha¸naga ўніверсітэта імя A.A.Kuljashova. Seryja D. Эканоміка, sa -

цыялогія, the rights. 2015. № 1 (45). With. 80-85.

507 Pound, R. Jurisprudence. Vol. I–IV. – MN: West Publishing, 1959. URL:

http://heinonline.org; Macionis, J.J. Sociology: The Basics. – 3 rd. – N.Y.: Prentice Hall, 1996. – THE RIVER

412 – 414.

508 Anderson, J.E., Brady, D.W., Bullock, C.III. Public Policy and Politics in America. – MA:

Duxbury Press, 1978. – THE RIVER 5.

200

Stabilising function of the right consists in ability of the right obespechi -

vat stability and a constancy in a society life. More difficult understanding

To stabilising function of mentality gives S.V.Valtsev: «thanks to this

The basic mental function of national mentality it will be organised tse -

lostnost and unity of collective through self-identification of the individual with sotsi -

alnoj a generality, with the state, the nature, totemom, historical soby -

tijami, for the sake of comprehension of by a part of a uniform live whole organism »509. The Island And.

Eagles marks: «mentality Function in public consciousness consists in

Maintenance of mechanisms of stability, instead of change mechanisms »510.

Stabilising function is closely connected with reguljativnoj function. In

Communications with this M.V.Luttsev writes: «Stabilizing function is caused

That the mentality is the stablest part public with -

Knowledge. In nm those components of mentality are accumulated and kept, koto -

rye carry out reguljativnuju function (representations, standards povede -

nija, ideas, values) »511. M.V.Vorobva adheres to this opinion, uka -

zyvaja on that «mentality is system of images and representations sotsial -

nyh the groups which all elements are closely interconnected and interfaced the friend with

The friend and which function – to be a regulator of their behaviour in the world Maine -

talitet defines both experience, and behaviour of the individual and social groups »512.

The essence reguljativnoj right functions consists in the main thing social

Right appointment – to regulate public relations putm fixations

Subject structure of legal relations, definitions of a circle vital being -

telstv (juridical facts) with which rules of law connect approach

509 Valtsev, S.V. of feature of national mentality

(On an example of Russian and the Ossetin): avtoref. dis. …. kand. Psychol. Sciences. URL: http://kurskpsychol.

narod.ru/gazetka/avt-valz.htm (Date of the reference 04.09.2012).

510 Eagles, O.A.Ukaz. soch.

511 Luttsev, M.V.Ukaz. soch. – with. 12.

512 Vorobva, M.V.Ponjatie of mentality in cultural urological researches//Guma -

nitarnye sciences. Vyp. 15. Cultural science. – 2008. – № 55. Well on a site: News

The Ural state university [site] – URL:

http://proceedings.usu.ru/? base=mag/0055%2801_15-2008%29&xsln=showArticle.xslt&id=a01 AND

doc =./content.jsp

201

Those or other legal consequences, formation of the rights and duties

Participants (subjects) of legal relations. In a basis reguljativnoj right functions

Lay upravomochivajushchie (permitting) and obliging (ordering)

Legal rules.

Reguljativnaja right function promotes an establishment stable from -

Carrying in the event that the right in the substantial part in the main thing with -

Replies the maintenance of other social norms and others social regulja -

torov with which help informal regulation is carried out about -

shchestvennyh relations.

Social regulation is the way providing submission

Members of a society to standard instructions. Thanks to this social re -

gulirovaniju people understand, that is correct and that is not present. Social regulirova -

nie it is carried out at two levels: official and informal.

If members of a society make actions according to the right,

It is officially approved or remunerated. For behaviour, contradicting -

shchee to rules of law, the person is involved in legal (official)

Responsibility.

As means of informal public regulation act

nepravovye, norms of morals, the religious norms, which maintenance

In many respects depends on mentality of a society.

Coincidence of legal and other social norms in the basic maintenance

Promotes efficiency of the right and an establishment of stable relations in

Society. The contradiction of the maintenance of official norms to the maintenance neofi -

tsialnyh social norms can generate feeling of instability, neuve -

rennosti, dangers at members of a society as it will contradict them

To the mentality which has influenced the maintenance of informal norms. In it

Case the society cannot estimate the right as stable, I form -

shchego at it feeling zashchishchnnosti and confidence of tomorrow.

202

Besides allocation in the Russian doctrine reguljativnoj functions of the cop -

liteta and the rights discriminate e ѐ kinds.

For example, M.V.Luttsev allocates two e ѐ a kind: reguljativno -

aksiologichesky and regulirujushche-adaptable.

Reguljativno-Aksiologichesky function of mentality, in its opinion, for -

kljuchaetsja in that vkljuchnnye in mentality the ideals which are present in

Norms, rules, thinking and behaviour stereotypes, have for a society

The valuable importance also carry out regulation of behaviour of members obshche -

stva according to this system of values.

The right influencing a society, also possesses valuable funk -

tsiej. Only difference of this legal function from the mental consists in

Volume, that it leads up to a society of data on legal values, which

Are supported by compulsory force of the state. This function closely svjaza -

On with information and educational which are individualiziru -

jushchimi as their direct influence is directed not simply on re -

guljatsiju public relations, and in svom influence they are focused

On the person, e ѐ consciousness. Information and educational functions of the right

Often enough joint impact on the person and a society, odes - make

nako they differ from each other on the purposes and their ways реализации513.

Through information function of the right the state informs obshche -

stvo about state priorities. It thus can form the new

Standards, stereotypes, behaviour, etc. Information function of the right –

obshchepravovaja, the basic, social, constantly operating, an ultimate goal

Which the behaviour of the person based on legal is is informed -

nosti. The right represents opredelnnuju the information – about legal and

Not legal, lawful and illegal, lawful and wrongful, about soder -

zhanii certain legal categories etc. Influence consists that the right

513Червяковский, A.V.information function of the right and activity of bodies internal

Affairs on e ѐ realisations: dis. … kand. jurid. Sciences: 12.00.01. – M, 2002. – With. 8.

203

Informs this information to the person through opredelnnye sources: laws,

Decisions, decrees etc. People receive the information about social a cart -

mozhnostjah this or that behaviour that helps them to reach the put

The purposes within the limits of the existing law and order.

As the social regulator closely connected with others the specification -

nymi society systems – traditional (usual), moral, religioz -

Ache (konfessionalnoj), the right has bringing up influence on on -

Conducting subjects as through separate norms, institutes and mechanisms (zapre -

You, permissions, realisation of justice, a legal protection, punishment), and

As a whole as the independent factor of a spiritual life of the country. Educational

Function is shown in regular influence of the right, which purpose

Formation of norms, thinking and behaviour stereotypes is, having appeared -

ljajushchih value for the state.

At sustaining objection by the state of values, ideas, ideals, protivore -

chashchih mental, the mentality can become that force which will be protivo -

To operate to the state force influencing on its carriers through

Rules of law. M.B.Molotkov pays attention to it also: «Mentality

Acts as a preventive signal in the face of everything, that is alien given etni -

cheskoj a generality (representation, standards of behaviour, idea, value) »514. On

To its opinion, reguljativnaja function allows to create within the limits of ethnos «smys -

lovye fields »when for each member of an ethnic group it is characteristic vystrai -

vat cogitative and behavioural designs in opredelnnyh, in advance for -

The given schemes, and proceeding from it to make and estimate those or others dej -

ствия515. This property of mentality has given the chance to M.V.Luttsevu to allocate

Protective function of mentality. «The mission of this function consists

In "filtration" mentality of the external spiritual phenomena and blocking ino -

Native, alien to it, and also tearing away of out-of-date mental installations,

514 Hammers, M.B.Ukaz. soch. – with. 29.

515 Hammers, M.B.Ukaz. soch. – with. 29 – 30.

204

Ceased to satisfy members of a society »516. For the purpose of protective function

Mentality the function allocated with the professor Cologne is similar universite -

That G.Zimanom which at the analysis of the Russian mentality allocates inte -

grativnuju the function of mentality rendering, in its opinion, blocking

Influence on degradation of a moral kernel of Russian менталитета517.

Guarding function also is inherent also in the right. In the maintenance ohrani -

telnoj functions the concept of such legal influence, which is put

It is directed on protection (protection) of the public relations forming, on

To opinion of the state, the most important social and economic, cultural -

Moral and state-political fields of activity of people, and

Accordingly on replacement and liquidation of the relations dangerous for chelove -

ka, his lives, health, morals, social and economic the blessing -

poluchija. Problems of guarding function of the right: to supersede, eliminate from a life

Societies vs ѐ that stirs to its normal development. Legal means:

Interdictions, sanctions of rules of law, legal responsibility. In a basis ohrani -

telnoj right functions are mainly forbidding legal

Norms. The maintenance of guarding function includes an establishment of sanctions and

Structures of the illegal acts forming the bases for legal from -

vetstvennosti (civil, criminal, administrative etc.).

If state and society sights disperse in the relation «nezhela -

telnosti »the society can estimate such replacement as infringement of hundred -

bilnosti his lives, attempt at its identity.

Differentiation guarding and reguljativnyh right functions has

opredelnnuju theoretical convention. All functions of the right realise wasps -

novnoe social appointment of the right and mentality – to order obshche -

stvennye relations and to provide their stability, stability, nezavisi -

most from external negative influences.

516 Luttsev, M.V.Ukaz. soch. – with. 12.

517 Councils, F.V.decree. soch.

205

The second kind of regulating function of the mentality, the allocated M.V.Lut-

tsevym, – regulirujushche-adaptable, allows mentality to answer on sig -

Cash and the impulses influencing a society from the outside, also helps a society

Faster to adapt for the varying social environment. N.N.Gubanov of races -

smatrivaet this function as stimulation of social progress posred -

stvom gradual change of mental features of a social generality – e ѐ

Cultural priorities – through cultural innovations as new programs

vosproizvodstvennoj activity субъектов518.

To this kind reguljativnoj mentality functions it is similar reguljativno -

Dynamic function of the right, which problem – to provide positive time -

vitie societies; realisation - means objazyvanie (positive). In a basis re -

guljativnoj dynamic function there are the rules of law directed

On service by means of the right of those or other social processes.

Other version reguljativnoj right functions – reguljativno -

Static function corresponds to mentality function – preservation a sack -

turnyh and the gnoseological stereotypes, the allocated S.V.Valtsevym519.

The sense of reguljativno-static function of the right consists in, that zakre -

To drink, fix the reached level of development of a society, which vyra -

zhaetsja in rights. Corresponding function realises that part

Social appointment of the right which consists in fastening of those or

Other statuses in a society, stability and invariance maintenance sotsial -

But-legal values.

The important function of mentality on which efficiency of the right depends,

World outlook function is. According to M.V.Luttseva, «mentality

Forms at social group a complex of representations, belief, ideas and

Promotes folding at group special mirootnoshenija, attitudes,

518 Gubanov, N.N.decree. soch. – with. 19.

519 Valtsev, S.V.decree. soch.

206

mirovidenija, systems of values, world pictures »520. M.V.Vorobva, allocating

This function simultaneously with regulating, the mentality agrees that –

Steady way of specific attitude, characteristic for the big

Groups of people (ethnoses, the nations or social slov), causing spetsifi -

ku ways of their reaction to phenomena surrounding действительности521.

This function is closely connected with tseleorientirujushchej function of mentality,

The allocated S.V.Valtsevym about whom he writes: «the Built mental

The world picture is tseleorientirujushchej »522.

In works of the Russian lawyers as specially-legal you -

deljajut some functions, which purpose to restore social spraved -

livost. Them concern: compensatory, regenerative, the terminator -

naja and retaliatory. Effective such function of the right becomes when

«Legal social justice» coincides under the maintenance with morals

Societies.

In the foreign literature such function of the right, as is allocated ustrashe -

nie, two forms of intimidation are thus discussed: the general and special

Intimidation. Special intimidation is reached by intimidation special a game -

tingenta. The purpose of the general intimidation consists in behaviour restraint

The big category of people. According to CHezare Bekkarija (СesareBeccaria) and

J. I.Rush (G.E. Rush), efficiency of intimidation is reached at presence

Conditions:

1) severity of punishment for offenders;

2) opredelnnosti punishments for offenders;

3) inevitability and timeliness (speed) наказания523.

This idea, usually assotsiiruemaja with the classical theory, one of naibo -

520 Luttsev, M.V.Ukaz. soch. – with. 12.

521 Vorobva, M.V.Ukaz. soch.

522 Valtsev, S.V.decree. soch.

523 Guillermo, Ruiz Juan, Sebastian Villaveces. Op. cit.; Beccariа, Сesare. Essays on Crimes

and Punishments. Translated, with an introduction by Henry Paolucci. – IN: Bobbs-Merrill. – 1963.

URL: http://heinonline.org.

207

lee discussed by criminologists. The majority of modern criminologists

Consider, that intimidation is not so effective. provednnye in the USA issledo -

vanija consequences of introduction and an abolition of capital punishment in a number of states have shown,

That the quantity of crimes does not depend on presence of such punitive measure, as

Death penalty. Besides, the reality is that, that some legal threats

Can define behaviour, not having thus frightening эффекта524. Lju -

di, focused for today, and optimists are less subject to threats,

Than the people focused on the future, pessimists and authoritative люди525.

Thus, it is possible to assume, that in stable relations people bo -

lee are subject to threats that promotes formation lawful pove -

denija.

The game - is allocated as right function as well function of the permission

fliktov or споров526. The Resolution of conflicts in this or that form sushche -

stvuet throughout centuries. In the different states conflicts between members

Societies are resolved by different ways: by means of violence (the insult,

Interintestine war and duel) 527, and also not legal ways encouraged gosu -

darstvami (for example, in the national reconciliatory commissions) 528.

The states encourage development of not legal ways of settlement

Disputes as are capable to lower congestion of bodies of the judicial authority,

And, hence, and the state expenses for their maintenance. Now this

The tendency is observed and in Russia. Nevertheless, not legal ways uregu -

lirovanija disputes are effective, if correspond to mentality of a society in

The corresponding state. Absence of an appropriate mental constant

524 Wolff, Lutz-Christian. China’s Private International Investment Law: One-Way Street into

PRC Law?//The American Journal of Comparative Law. – 2008. – Vol. 56. URL:

http://heinonline.org.

525 Grana, Sheryl J., Ollenburger, Jane C. The Social Context of Law. – NJ.: Prentice Hall,

1999. – THE RIVER 138.

526 Rush, G.E. The Dictionary of Criminal Justise. – 4th ed. – Guilford, CT: Dushkin Publishing,

1994. – P. 315; Grana, Sheryl J., Ollenburge, Jane C. r. Op. cit. – THE RIVER 315.

527 Vago, S. Law and Society. – 5th ed. – NJ: Prentice Hall, 1997. – THE RIVER 236 – 238.

528 Litvinova, S.F.reconciliation as a special way of the resolution of disputes in China//Arbit -

razhnyj and civil procedure. – 2011. – № 3. – with. 36 – 39.

208

At a society causes as effective only legal ways

Resolutions of disputes as they are connected with acceptance having juridiche -

I will hold down force pravoprimenitelnyh certificates.

Foreign scientists allocate function of punishment and judicial защиты529.

Allocation of this function is defensible, as it closely connects the right with

Legislative and pravoprimenitelnoj practice in legal gomeostatiche -

skom process. Practice of punishment and judicial protection will be effective,

If will correspond to its mental representations about justice.

Thus, it is obvious, that the mentality and the right have similar funk -

tsii which operate concerning the same object-public

Relations. Stabilising, reguljativno-aksiologicheskoj, reguljativno -

Adaptable, guarding function of mentality, and also function sohra -

nenija cultural and gnoseological stereotypes correspond stabilizi -

rujushchaja, valuable, reguljativno-dynamic, guarding, reguljativno -

Static and other functions of the right. From here follows, that result vozdej -

stvija these functions on social system depends on their coordination.

Functions of these phenomena are represented by two forces which influence on

Public relations. Under laws of physics two forces operating in one

And the same direction, two forces directed in about - strengthen each other, and

tivopolozhnye directions, – weaken. If regulating functions of the right

And mentality influence in one direction, result such vozdej -

stvija the rights to a society amplifies, that defines it as effective. In

This case it is right clearly to a society, and it is ready it to realise. If

Right function influences a society in an opposite direction from

Actions of function of mentality its efficiency decreases. A society

Resistance in execution of the norms fixing alien for it will show

Ideals, etc. It can be expressed to value or in contempt of law

(Obliging and forbidding), or "nevostrebovannosti" a society neko -

529 Grana, Sheryl J., Ollenburger, Jane C. Op. cit. – THE RIVER 143.

209

toryh rules of law (upravomochivajushchih).

The mentality forms social experience at public group

(V.V.Kirienko), a complex of representations, belief, ideas, standards, pove -

deny (M.V.Luttsev) also promotes formation at group special miroot -

Carrying, attitudes, mirovidenija, systems of values, world pictures.

These representations, belief, ideas, standards and behaviour are projav -

leniem mentality also form social norms and requirements, including

Ethical and moral.

At legal regulation of public relations, subjects to -

toryh carriers of mentality are, rules of law "face" with sotsi -

alnymi the norms generated during historical development obshchno -

sti. The values formulated and in this case "face" zakrepln -

nye mentality and the right.

Thus the right focuses people on values, zakreplnnye in nm;

The right induces people to build the life according to these is

mi, directs their behaviour on achievement and a recognition (respect) of these prices -

nostej (for example, the right fixs value of a human life, actually -

sti, of some the intangible benefits, such, as health, advantage, safety,

Business reputation, etc.).

In turn, the mentality reacts to signals and right impulses. Re -

zultatom such reaction there can be positive and negative phenomena. To

To the positive phenomena situations when the society "perceives" concern

Rules of law also follows them as their maintenance corresponds and-or not

Contradicts mental representations. To negative – as a result «fil -

tratsii »mentality of the external spiritual phenomena the society can ignore

Rules of law: members of a society can break obliging or I forbid -

shchie norms or to ignore upravomochivajushchie.

As a result of mentality and right interaction the following is possible

Variants of their interaction:

210

1) the right fixes ideas, values, etc., corresponding to the mental

To ideas and values;

2) the right is directed on change or formation of new norms, ste -

reotipov thinking and the behaviour not peculiar to mentality, but also not proti -

vorechashchih to it;

3) the right fixes ideas, values, etc. which contradict exchanges -

talnym to values;

4) the right is directed on change or formation of new norms, ste -

reotipov thinking and the behaviour not peculiar to mentality and protivore -

chashchih to it.

Any of these variants of interaction mental and legal it is valuable -

stej can be negative or positive (fig. 5,6).

Mentality Public relations

The Legal relation right

Society

Fig. 5. Positive effect of influence of the right

And mentality on a society

Mentality change

Mentality the Right

Public relations of Legal relation

Ignoring or contempt of law

Society

Fig. 6. Negative effect of influence of the right

And mentality on a society

Considering the above-stated, depending on a coordination of functions

The rights with mentality functions, it is possible to allocate following kinds of functions

211

The rights: контрадикторные530 and consistently adjusted.

kontradiktornye right functions are directions of influence of the right on

The society, influences of its functions opposite to directions inte -

gralnogo mentality.

This function of the right that the right is directed on is shown formiro -

vanie in a society of respect for ideals and values, formations of rules and

Stereotypes of thinking and the behaviour estimated by a society as not sootvet -

stvujushchih to its ideals and values, norms and stereotypes of thinking and pove -

denie etc. Considering features of mentality and its display, such estimation

Can be both realised, and subconscious. It generates in a society

Discomfort, nervousness as contradicts socially habitual. This

Function is not peculiar to the stable right as it does not form in

Society feeling of safety and confidence of tomorrow.

Opposite kontradiktornym to right functions act not -

It is inconsistent the adjusted functions which represent naprav -

lenija influences of the right to a society for the purpose of the formation, coinciding with

Influence directions on it of mentality functions.

Display of such functions is influence on a society on purpose

Respect formations in a society of ideals and values, formation pra -

Twisted also stereotypes of thinking and the behaviour estimated by a society as not about -

tivorechashchih mental, and maintenance of protection of the last.

Kinds kontradiktornyh and consistently adjusted can be

The functions of the right similar to functions of mentality: reguljativnye, valuable,

Information, educational, guarding, etc.

It is thought, that similar classification is unacceptable for definition

Mentality kinds, as mentality functions – primary on otnoshe -

niju to right functions. It is impossible to provide conformity of mentality pra -

vu as in this case followed to recognise, that it is formed only

530 kontradiktornyj from an armour. contrādictōrius contradicting, confuting.

212

By means of the right. It is right can and should correspond or not protivo -

rechit to mentality of a society for the purpose of an establishment of stability social

Systems. As the mentality is rational, all its functions neprotivore -

chivo are adjusted with it.

Division of functions of the right on kontradiktornye and is consistent with -

glasovannye and comprehension of their consequences for a society are one more

Argument in favour of that the right basic purpose is reduced to ustanov -

leniju stable public relations.

On the basis of the offered classification of functions it is possible laws, koto -

rye have for an object change, formation new and liquidation I exist -

shchih public relations to name kontradiktornymi. Allocation of the such

Laws has practical value. Their acceptance and realisation should with -

provozhdatsja strategy of their advancement.

Traditional use of the term "strategy" is connected with the military man de -

Breakage and art of conducting public and political strike. I.V.Stalin,

Arguing on V.I.Lenin's doctrine, spoke: «If strategy has for an object you -

To play war, say, with tsarism or with bourgeoisie, to finish struggle with

Tsarism or bourgeoisie tactics puts to itself less essential purposes,

For she tries to win not war as a whole, and those or other battles, those or

Other fights, successfully to conduct those or other campaigns, those or other performances,

Meeting concrete situation in data podma or decline

Revolutions. Tactics is a strategy part, to it the subordinate, e ѐ I serve -

shchaja »531.

In the end of HH – the beginning of XXI century the concept "strategy" has received wide races -

prostranenie in the field of economy. It has occurred thanks to the American

To advisers in business sphere. The given term is ambiguous and is used in

Different interpretations. Authoritative in the field of management the professor of

531 Stalin, I.V. About Leninism bases: lectures, chitannye in Sverdlovsk university

//Stalin I.V. Cоч.: in 18 t. – T. 6. – M: OGIZ; the State publishing house of the political

Literatures, 1947. – With. 155.

213

Mintsberg allocates five elements of strategy: the plan, a position, reception, a pattern

Actions and перспектива532.

The most widespread modern use of the term «stra -

tegija »is in value of the plan, a line of action which adheres

The organisation, pursuing the long-term objectives. As the plan strategy is ge -

neralnaja the program of actions revealing priorities of problems and resources

For main objective achievement. It formulates overall objectives and the cores pu -

ti their achievements, that the enterprise receives a uniform direction движения533.

In the given dissertation under strategy of advancement of laws will be a pony -

matsja the plan of achievement of the purpose of the law which functions are formiro -

vanie new, change and liquidation existing public otnoshe -

ny. Definition at - should be the cores an element of such plan

oritetov problems of realisation of the law and the resources necessary for achievement

Main objective of laws.

532Mintzberg, Henry. The Strategy Concept I: Five Ps for Strategy//California Management

Review. – 1987. – Vol. 30. – № 1. – P. 11 – 24.

533Quinn, J. B. Strategies for Change: Logical Incrementalism. – Richard D. Irwin, Inc., 1980.

URL: http://www.mgt-edu.ru/14-4.php (date of the reference 06.08.2013).

214

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A source: LITVINOVA SVETLANA FEDOROVNA. TEORETIKO-EMPIRICAL RESEARCH OF THE NATURE OF THE STABLE RIGHT (On an example of the legislation of Russia, Tajikistan, the Peoples Republic of China). The dissertation on scientific degree competition Doctors of juridical science. Dushanbe – 2015. 2015

More on topic 4.3. Interactions of functions of mentality and the right. Kontradiktor - nye and consistently adjusted functions of the right.:

  1. 4.4. Display consistently adjusted and kontradiktor - nyh right functions (on an example of laws of the Russian Federation, Res - Publics Tajikistan and the Peoples Republic of China)
  2. 4.5. Advancement of laws with kontradiktornymi functions
  3. 1.2.3 Functions of metaphors about transfer
  4. § 2. Functions of management by the earths of settlements
  5. § 3. Functions of a political discourse
  6. monitoring Functions
  7. patent Functions
  8. the purpose and penalty functions
  9. functions preskriptsii
  10. functions sistemosohranjajushchego the mechanism in the Russian criminal law
  11. § 3. Features of functions of the American state During the military period
  12. 3.3 Basic functions of principles of civil law
  13. 1.2. Functions of pictures of the world