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4.1. Objective interaction of the right and mentality of a society

Right and mentality interactions it is carried out as a result vozdej -

stvija the rights to public relations which develop in a society under

Influence of its mentality. Such interaction has various kinds, obu -

The realisations of social appointment of the right caught in several ways.

Them concern: regulation, change, replacement developed in obshche -

stve relations, and also formation of the new. Will be more low considered cook -

anty right and mentality interactions in each of these sluchav.

1. The right fixes developed public relations

The developed

Relations

The right

The habitual

(Stable)

For a society

pravootnoshe -

nija

Fig. 1.

Legal mechanism of fastening of the developed relations

If in a society there were relations, means there are bases before -

To believe their sufficient stability. These developed relations having appeared -

ljajut itself the form stable as already have found opredelnnoe a place in about -

shchestve, have got the form and the maintenance, correspond to interests of it is

stva. The relations objectively developing in a society, reflect it is

nosti. In this case settlement by the right of public relations pridat

To them the form of the legal relations, which maintenance usually corresponds potrebno -

stjam societies. Transformation of public relations in legal relations in

This case means, that the state is interested in preservation of these is

ny also provides their protection by legal means.

161

Whether the right in a separation from other social phenomena however can obespe -

chit stability already and so to stable relations? It is represented, what not

vs ѐ depends only on what rules of behaviour are fixed in norms pra -

va as rules of law is only the rules which have been written down in sources pra -

va. An important role in an establishment of stable relations in a society of yokes -

raet as well pravoprimenitelnaja practice, in other words, practice state blow -

stvennyh bodies and other organisations authorised by the state, it is connected -

naja with their realisation and otrazhnnaja in pravoprimenitelnyh certificates. It under -

tverzhdaetsja practice of application of laws in the Russian Federation. As from -

vestno, all of them start with an equality principle of all before the law, and inquiry

The Russian society on equality of all and everyone before the law extremely

It is strong, after all today the property inequality at us was added is unequal -

stvom class type. Is fair not that all fifty-fifty, and that

All are equal before законом377.

Equality of all before the law – one of the major values россиян378.

If in 1994 it occupied 8 place from 10 most important, in 2004 in si -

steme values of Russians equality of all before the law stood on 3 place after

Values «increase of a standard of living and quality of a life of the population"and"stabil -

nost, an order ». According to 24,3 % interrogated, equality of all citizens before

The law is a value which could consolidate Russian общество379.

On January, 20th, 2012 within the limits of the Gajdarovsky forum there has passed a round table «Sotsi -

alnye inquiries and political justice »on which experts discuss -

Whether, what values are claimed by a society, and have come to conclusion, that in obshche -

377 Dobrov, A.Intervju from V.Fedorovym.

A forum of "Uniform Russia». Formation of environments -

It a class of Russia//the All-Russia centre of studying of public opinion [site]. URL

http://wciom.ru/index.php? id=266&uid=10562 (date of the reference 22.03.2013).

378 Migdisova, S, Petrenko, E Russians consider «Discipline of work» also "western" and

The "Soviet" value, however do not count it among the most important personally for itself//Fund

"Public opinion" [site]. URL: http://bd.fom.ru/report/map/of19940803 (reference date

22.03.2013).

379 Vladimir Putin: the pre-election order to the President: press release № 57 from 11.02.2004

//the All-Russia centre of studying of public opinion [site]. URL:

http://wciom.ru/index.php? id=268&uid=523 (date of the reference 22.03.2013).

162

stve the inquiry about changes, including equality of all citizens is the strongest pe -

red законом380.

This value of the Russian society is fixed in Constitution item 19

The Russian Federation in the form of an equality principle before the law and court. At

It the state guarantees equality of the rights and freedom of the person and the citizen

Irrespective of a floor, race, a nationality, language, an origin, imushche -

stvennogo and official position, a residence, the relation to religion,

Belief, accessories to public associations, and also others

обстоятельств381.

Despite the constitutional character of institute «equalities of all before

The law », it is possible to result set of examples which testify about

The volume, that this principle in Russia is broken.

The inequality before the law is confirmed with the attraction facts to the answer -

stvennosti (legal, moral) for a summer residence and reception of bribes. In the television

Interview the Chairman of the Supreme Court of the Russian Federation V.M.Lebedev

Established, that the majority of the affairs initiated upon a bribe, to court not

Reach. On the average the size of bribes, for which citizens are condemned, is equal five

To thousand рублей382. It is confirmed with a member of the Federation Council, in recent about -

shlom the Main military public prosecutor and the first deputy minister of justice,

The doctor of juridical science professor A.V.Savenkov, interview with which was

It is published on September, 29th, 2012 It, in particular, has noted: «If to judge on

To the statistican condemned, the main bribe takers at us – policemen, doctors,

Teachers. on the statistican, at 83 % condemned for bribes - their size

380 Five main signs of the "ideal" power//the All-Russia centre of studying obshche -

stvennogo opinions [site]. URL: http://wciom.ru/index.php? id=269&uid=112420 (date obrashche -

nija 22.03.2013).

381 Constitution of the Russian Federation accepted national voting on December, 12th

1993 (in red. From 30.12.2008 № 7-FKZ)//Dews. Gas. – 2009. – № 7. – on January, 21st.

382 Television interview to the Chairman of the Supreme Court of the Russian Federation

V.M.Lebedev. It is taken from program archive «to Lead on Saturday» on the channel «Russia – 1» from

23.02.2013.

163

Has constituted to 50 thousand roubles »383. According to the deputy chief depar -

tamenta economic safety of the Ministry of Internal Affairs of the Russian Federation of A.Shishko in 2009 in sphere about -

razovanija the average size of a bribe constitutes about 20 thousand rbl. In particular,

146 thousand facts of reception of a bribe, 97 facts of bribery are revealed. The general

The sum of the revealed bribes has constituted 22,6 million rbl. 384.

Large officials seldom become convicted on affairs about bribes.

Though the facts confirming, that the size of their bribes much more are known prevos -

Goes the 50 thousand roubles sum. So, for example, the deputy of the State Duma

A.E.Hinstein with full responsibility has declared: «Hardly I will open Ameri -

ku if I will tell, that for today the program «Accessible habitation» an axle box -

et. And responsibility for proslipping natsproekta lays first of all on

Officials of regional level. With full responsibility I can declare,

That the minimum of 20 % from the cost price of square metre is constituted by bribes, to -

torye builders distribute to officials. Any economist in the world cannot from -

vetit on a question why the rise in prices for habitation ten times advances rates in -

fljatsii. At us official inflation on a year constitutes from 8 to 10 %. And growth

The prices for habitation in 2005 has constituted 100 % »385.

Loud theme for discussions in the State Duma in 2012 became

The reference of the pensioner of V.Zharova who has convicted deputy A.V.Mitrofanova in

Reception of a bribe at a rate of 2,25 million roubles. The written reference pensio -

nera it has been addressed the speaker of State Duma S.E. To Naryshkin and ruko -

To drivers of parliamentary fractions. The Communist Party of the Russian Federation has directed inquiries in this occasion

To Prosecutor General JU.A.seagull and the head of Investigatory committee of Russia

A.V.Bastrykinu with the request to check up the arrived complaint, and speaker S.E.

383 Bribe with entering: interview to A.Savenkovym//the Russian newspaper. URL:

http://www.rg.ru/2012/09/28/korrupciya.html (date of the reference 20.03.2013).

384В Russia the average size of a bribe in an education sphere – 20 thousand rbl.//RBC [site].

URL:http://top.rbc.ru/society/15/10/2009/337413.shtml (01.03.2013).

385 Accessible habitation: problems and prospects//the All-Russia centre of studying obshche -

stvennogo opinions [site]. URL: http://wciom.ru/index.php? id=266&uid=3886 (reference date

22.03.2013).

164

Naryshkin has directed the reference of the pensioner of V.Zharova to the Duma commission on

To ethics. Meanwhile, charges to Mitrofanova have not affected in any way on name -

renie the parliamentary majority to entrust this deputy a post of the head new

The Duma committee on СМИ386.

The facts mentioned above prove validity of existence in

Society of a steady stereotype, that for bribes to the criminal liability

Involve depending on e ѐ the size: the size of a bribe less, the it is more

Probability of bringing to criminal liability and reception it is more severe -

go punishments.

Other stereotype connected with application of laws, – absence ra -

venstva all before the law, it is traced in results public to me -

nija Russians. The All-Russia centre of studying of public opinion has established,

That, according to 52 % of the interrogated Russians, least prospects in Russia at

Such important element of political culture, as equality of all before for -

Game. According to respondents, this institute in our country will get accustomed ed -

va ли387. Equality of all before the law («a social equality, equality,

Legality for everything, protection of the rights of citizens, honesty ») is identified

The greatest number interrogated (19 %) with social справедливостью388. It

Level of 71 % of respondents estimates as low, including 25 %-as very much

низкий389.

About that it is possible to name the above-stated opinions of Russians sovremen -

nymi stereotypes, that is the settled relation to occurring soby -

tijam, to actions, acts etc., interrogations can testify obshchestven -

386 Ohraniteli beliefs//New news. – 2012. – on September, 27th.

387 Russian political culture: day today's: press release №477 from June, 23rd

2006//the All-Russia centre of studying of public opinion [site]. URL:

http://wciom.ru/index.php? id=459&uid=2794 (date of the reference 22.03.2013).

388 Social justice: what is such and for what it is necessary: a press release № 729

From July, 10th, 2007//the All-Russia centre of studying of public opinion [site]. URL:

http://wciom.ru/index.php? id=459&uid=8497 (date of the reference 22.03.2013).

389 Social equality: advantage or harm: press release № 737 from July, 20th 2007//All

The Russian centre of studying of public opinion [site]. URL:

http://wciom.ru/index.php? id=459&uid=8556 (date of the reference 22.03.2013).

165

nogo opinions in the nineties HH century So, for example, Fund «Public opinion«

On January, 28th, 1998 spent interrogation of the population of Russia about what of perechis -

lennyh the rights and freedom of the person are really observed in Russia. Only

5 % of the interrogated have specified in equality of all before законом390, and 55 % – neposred -

stvenno have declared, that this principle нарушается391. Results of interrogation obshche -

stvennogo opinions on judicial authority bodies in 2000г. Have not changed a picture.

According to the same interrogation only 13 % of respondents consider, that «the Russian

The court guarantees impartial disposal of legal proceeding », and 67 % adhere

The opposite point of view. About the same distribution of answers on

The same question it has been received in July, 1997 (14 and 62 % accordingly), that

Testifies to stability of the sceptical relation of respondents to

To the Russian judiciary practice. Distribution of answers is indicative also respon -

dentov on a question on, whether they agree with opinion, that «before court all rav -

ny – poor and rich, simple people and "chiefs". The consent has expressed

Only a quarter interrogated (24 %), and almost three quarters of Russians (71 %) in it is equal -

stvo citizens before the law not верили392.

Thereupon there is an opinion, that liquidation of the scandalous social

Inequalities is a condition of formation new national идеи393.

Formation of such practice and stereotypes, obviously, should ska -

zatsja on public mood, behaviour of people, on their relation to the right

As to that.

In the course of preparation of the present research by the author repeatedly for -

The question was given to students of different age and the training forms, having avtomo -

390 Interrogation of the population on January, 28th, 1998 on a question: what of the listed rights and freedom

The person are really observed in Russia?//Fund «Public opinion« [site].

URL: http://bd.fom.ru/report/map/t8032301 (date of the reference 20.03.2013).

391 In the same place.

392 Petrovs A.S. courts in a public opinion mirror//Fund «Public

Opinion »[site]. URL: http: http://bd.fom.ru/report/map/of000903 (date of the reference 22.03.2013).

393 Priests, N.P.search of national idea of Russia proceed//the All-Russia centre

Studying of public opinion [site]. URL: http://wciom.ru/index.php? id=266&uid=12780

(Date of the reference 22.03.2013).

166

Beat: whether you know rules of traffic and whether understand their value? All

Interrogated without an exception answered in the affirmative. Thus on a question, who

From them never these Rules broke, nobody gave the positive answer.

Broke traffic rules all. And such situation is characteristic for

The Russian society. At research by the All-Russia centre of studying about -

shchestvennogo that opinion as Russians characterise our political

Culture and democracy, it has been established: 56 % of respondents consider it is

bennostju inability and unwillingness to observe законы394. Thereupon it is possible

It is a lot of to speak about low sense of justice of the Russian citizens and about necessity

Improvements of legal education. However any legal education not zame -

nit generated pravoprimenitelnuju to practice in increase pravoso -

Knowledge. While in the Russian society stereotypic representation will not disappear about

Volume, «why it is possible for them, and it is impossible for us», the sense of justice, not will not be changed bu -

It is put effective the right, will not be established stable public otno -

shenija.

Comprehension of necessity of equality of all before the law is formed, in

That number, and practice of the foreign states. It testifies about a cart -

mozhnosti real, instead of declared equality of all before the law. One

From last examples of such equality – suit eks -

The president of France Nikolja Sarkazi to whom it has been accused

On business betankur following the results of interrogation lasting many hours and a confrontation. Under the version

Consequences in 2007 Nikolja Sarkozi has taken advantage weakened sostojani -

I eat health Lilian betankur – successors of empire "L'Oreal" and the richest

Women of France to receive from it money for financing of the

Pre-election кампании395.

394 Russian political culture: day today's: press release №477 from June, 23rd

2006

395 Sarkozi it is accused on business betankur//ITAR-TASS. News for 22 mar -

That 2013 URL:http://www.itar-tass.com/c1/683572.html (date of the reference 22.03.2013).

167

On the basis of the above-stated it is possible to draw conclusions, that the relation nase -

lenija to the right it is formed not only depending on its maintenance, but also from

Features of its application. An equality principle of all before the law and court

Its infringement acts as significant value of the Russian society, therefore

Influences perception of the right as inefficient means of an establishment stabil -

nyh relations, on its characteristic as stable. Respect of a principle

«Equality of all before the law» should become one of the main tasks transportation -

glashennoj in Russia state modernisations on a level with development innovatsi -

onnoj economy, struggle against corruption.

2. The right promotes change existing public otno -

sheny

Under the influence of external factors for a society there is a change

The rights, and, hence, are offered a society of legal relation of other soder -

zhanija. Leaning against the given scheme, it is possible to tell, that in this case will gosu -

darstva in the name of its legislature "interferes" with process stabili -

zatsii public relations. Change of public relations, already

Developed in a society, occurs under the influence of external factors, koto -

rye lay outside of the internal environment of system «legal system – sotsi -

alnaja system ». Change of the developed public relations proisho -

dit through implementatsiju experience of the foreign states, norms mezhdunarod -

nogo the rights, institutes of the foreign right in the internal environment of the right sootvet -

stvujushchego the states which borders are defined already developed

Public relations, and also under the influence of separate persons.

168

The right

Combined -

sja otnoshe -

nija

pravoot -

Carrying,

I distinguish -

shchiesja from

Having combined -

shihsja from -

Carrying.

The political

Will state blow -

stva

privych -

nye (hundred -

bilnye)

Relations

Fig. 2

Legal mechanism of change of public relations

On efficiency of change of habitual behaviour the society can otrea -

girovat differently: negatively, indifferently or positively. It can

To depend on many factors. The cores from them: readiness of a society vosprini -

Mother of change and the political will of the government directed on

Change of relations in a society.

Readiness of a society for changes is caused economic polozheni -

I eat, sociopolitical conditions in the country, mentality, informiro -

vannostju about the purposes of carried out changes, understanding of their importance.

Readiness of a society to perceive the changes which have been carried out by acceptance

New rules of law, it is caused by property of a society which is accepted now

To name «legal mentality». Understanding a legislature, or -

ganami the legislative leadership and other subjects of law of essence the right -

vogo mentality of the people will make their actions legally significant, obosno -

Bathing and supported from a society. Thereupon follows sogla -

sitsja with A.S.Bajnijazova's opinion which considers, that «in case of movement for -

konodatelnogo and pravorealizujushchego sense of justice aside purposefully -

go knowledge of legal mentality of a society legal behaviour and juridi -

cheskie state certificates become more "tangible" and clear for граждан396.

According to D.V.Menjajlo, «use of results of research the legal

396 Bajnijazov, R.S.Pravosoznanie and legal mentality in Russia: dis. … Dr.s jurid.

Sciences: 12.00.01. – Saratov, 2006. – With. 115.

Influence

The external

Environments

169

Mentalities would allow to spend more effectively and rationally zakono -

Creative and pravoprimenitelnuju activity and as result – to "enrich"

Legal culture where in bolshej degrees would be reflected justice, it is equal -

stvo, humanity »397.

mnogoslojnost a society in the country demands from the legislator to consider exchanges -

talnost the separate people and nationalities, its occupying. Especially it

Important at decision-making on questions, the relation to which different people

It is defined by their religiousness. It appreciably defines them is

tichnost, can lead to occurrence of numerous forms deviantnogo pove -

denija and to sharp psychological crises at representatives of a given generality,

That involves certain sociopolitical consequences: obshch -

nost (the social group) becomes capable to destructive in social

The plan to the behaviour sometimes fraught not only destruction social okruzhe -

nija, but also destruction such общности398.

The actions of the government mismatching mentality, can

To appear without society support, and the state will be forced to overcome

Additional resistance of the weights doubting utility of the futures pe -

remen. Thus, of course, it is impossible to forget that accepted politiche -

skie decisions should be directed on improvement material blagoso -

Standings of citizens instead of to run counter to interests of the population, since. It creates

Favourable circumstances for extremism »399.

Considering the above-stated, it is possible to draw a conclusion, that to the legislative

The information on features of mentality of a society on state blow - is required to body

Stvenno-legal space. Information sources can become as nauch -

397 Menjajlo, D.V.legal mentality: dis. … kand. jurid. Sciences: 12.00.01. – Rostov-n/D.,

2003. – WITH. 34.

398 Mishanova, R.A.Mentalitet of modern Russian youth and its problem for -

mirovanija: dis. … kand. filos. Sciences: 09.00.01. – M, 2004. – With. 24.

399Сенякин, I.N.extremism as the factor of threat of the public safety: teoretiko -

Legal aspect//the Bulletin of the Saratov state legal academy. – 2012. –

№ 3. – WITH. 26.

170

nye the organisations in a complex studying mentality, and the organisations grazh -

danskogo societies. In the Russian Federation interaction maintenance grazh -

It is given, public associations with federal bodies state

The authorities, public authorities of subjects and bodies local -

Managements with a view of the account of requirements and interests of citizens Russian Fede -

Portable radio sets is one of the purposes of Public chamber Russian Федерации400.

Similar bodies exist and in other states. For example, naibo -

lee effective is French public meeting. They do not

Simply examination of bills, but also, as a matter of fact, form the public

Opinion. In particular, a vivid example, the bill about hidzhabah serves. About -

shchestvennoe the meeting of France within one and a half years introduced idea in weights

And expediency of this law, as a result only two persons in all France,

Two families have sent children to school in hidzhabah. It has then appeared, that they it is simple

Did not know, that it already is impossible, incident has been settled, and the conflict not было401.

The political will of the state depends not only on use of measures

Compulsions for execution of corresponding rules of law, but also from avtorite -

That of the state bodies at the population, first of all with what assotsii -

rujutsja initiatives of change of laws, and also from sequence of actions

The state and correct advancement of laws.

The state aspiring to an establishment of the state order, about -

ladaet monopoly on принуждение402. Compulsion – the major element

Public authority about what wrote still in due time N.M.Korkunov: «force -

telnoe vlastvovanie, being the basic sign state about -

400 About public chamber of the Russian Federation: feder. The law Grew. Federations from 4

April, 2005 № 32-FZ (in red. From April, 20th, 2014 № 82-FZ)//the Russian newspaper. – 2005. – 7

April. – № 70.

401 Presidential reforms: a sight from the party: interview to M.A.Dianovym, the director

Institute of regional problems on September, 13th, 2005//the All-Russia centre of studying about -

shchestvennogo opinions [site]. URL: http://wciom.ru/index.php? id=266&uid=1698 (date obrashche -

nija 22.03.2013).

402 Tikhomirov, JU.A.public law. The textbook. – M: Publishing house BEK, 1995. – С.168–169.

171

shchenija, defines itself all features of the state order »403. At -

nuzhdenie can be obvious and неочевидным404.

As example of unevident compulsion non-recognition of the civil serves

Marriages (co-habitation) to all following consequences. For example, nepri -

Knowledge of the right of the joint property on property. Thereby the state

Pushes people to conclude official marriages. Obvious compulsion

Norms of the public law, for example tax are, according to koto -

rymi physical and legal bodies are obliged to pay taxes in terms and in razme -

re, statutory.

Compulsion does not deny belief. In the right doctrine there is time -

The personal points of view on a parity of compulsion and убеждения405.

To Russia efforts of the state directed on change of the public

Relations, should be thought especially over, as as mark issle -

dovateli «in any Russian person, as well as in Russian people as a whole, udivitel -

But are harmoniously combined disbelief in the government and it is

nie; disbelief in laws and bent for of justice, etc. »406;« the special relation

The people to the power, expressed, on the one hand, in sokralizatsii carriers vla -

sti, and with another – in aversion of many state establishments, legal

Nihilism »407.

These features of the Russian society are reflected and in the sociological

The interrogations testifying, on the one hand, about the traditional positive

Rating of head of the state V.V. Putina408, with another – disapproval of work Gosu -

403 Korkunov, N.M.Russian state law: in 2 t. Т.1. – SPb, 1892. – With. 4 – 5.

404 Moiseyev, S.V.legal philosoph. – Novosibirsk: Siberian university publishing house,

2003. – WITH. 12.

405 See, for example, Mosquitoes, S.A., Malko, A.V.decree. soch. – with. 265.

406 Grigorievs, A.A.Russian mentality: essence, structure: dis. … kand. filos. Sciences:

09.00.11. – Tomsk, 2008. – With. 8.

407 TSigvintseva, G.L.Osobennosti of formation and mentality functioning rus -

skogo the people: dis. … kand. filos. Sciences: 09.00.11. – Perm, 2005. – With. 21.

408 Trust to politicians//the All-Russia centre of studying of public opinion [site].

URL: http://wciom.ru/confidence-politicians/(date of the reference 24.03.2013); the Rating of the president

And the governments: contrary to fires and a smog//the All-Russia centre of studying public

172

The donative Duma which carries out its "orders" 409.

3. The right promotes occurrence of new relations

The right

Pravootno

shenija, not

sootvetstvu

jushchie

The developed

Relations

The stable

Relations

Fig. 3.

Legal mechanism of formation of new public relations

Aspiration of the state to generate in a society new relations mo -

zhet to be effective in the event that they will be accepted by a society. This

Process can occupy long time. Then it be required to the state usi -

lija for conflict overcoming between traditional and new to a society

Relations.

On formation new, also as well as on their change, two forces influence:

Mentality of a society and the state will. In this case speech can id -

ti about implementatsii norms of the foreign right in the legislation of the state,

What is is influence of an environment on the internal environment of races -

smatrivaemoj systems "legal system" – «social system». S.Monteske

In this occasion approved: «… laws should be in such close with -

otvetstvii with properties of the people for which they are established, that

Only in extremely rare cases laws of one people can appear

Opinions [site]. URL: http://wciom.ru/index.php? id=268&uid=13786 / (reference date

24.03.2013).

409 State Duma. An assessment of works of the State Duma and the relation to activity deputa -

tov. Interrogation of 25.10.2012//Fund Public opinion [site]. URL:

http://fom.ru/Politika/10669 (date of the reference 24.03.2013); the Image of the State Duma.

Interrogation from 9.07.2012//Fund Public opinion [site]. URL: http://fom.ru/Politika/10531

(Date of the reference 24.03.2013).

Political will

The states

Influence vnesh -

It of environment

173

Suitable for other people »410.

Thus there is "collision" of mentality of different societies.

They it is how much separated, so will get accustomed more difficultly new institu -

You.

So, for example, mismatching mentality of the Russian society

The Federal act «About alternative procedure of settlement is

Disputes with participation of the intermediary (mediation procedure) », that will affect it is

лизацию411. Intention to pass in Russia the law new to it about dobrovolche -

stve (volonterstve) has caused negative reaction in community, as the project

Looks as aspiration to strengthen the control over volunteers and to limit them

возможности412, that contradicts sobornosti as to feature of the Russian

менталитета413.

The similar situation will take place, if the state aspires

To eliminate relations undesirable to it. In this case disappearance not -

Desirable relations probably if it corresponds to requirements and

To features of a society.

4. The right promotes replacement of undesirable relations

Developed the Right

Relations

vytesne -

nie

Relations

Political will

The states

The stable

Relations

410 Montesquieus, SH. The selected products about spirit of laws. – M: Thought, 1999.//Elek -

Throne library RoyalLib. Ru. URL:

http://royallib.ru/book/monteske_sharl/izbrannie_proizvedeniya _o_duhe_zakonov.html (date about -

rashchenija 25.03.2013).

411 Litvinova, S.F.analys of presence in Russia of conditions for mediation development//Arbit -

razhnyj and civil procedure. – 2013. – №1. – with. 8 – 12.

412 Kochugova, E.Dobro in the law. Volontersky activity will describe, centralise, on -

oshchrjat or will punish//the Moscow news. – 2013. – on January, 28th. – № 452.

413 Bakursky, M.V.Rossijsky mentality and its role in domestic modernizatsion -

nyh processes: dis …. kand. The sociologist. Sciences: 22.00.06. – Saratov, 2002. – With. 62.

Influence vnesh -

It and vnutren -

It of environment

174

Fig. 4.

Legal mechanism of liquidation of public relations

In history of many states there were cases, when the state force at -

nuzhdenija "broke" traditions of a society. Peter's reforms have been aimed at it

I end XVII - the beginnings of XVIII centuries in state and the church authority, a sou -

debnoj to system, in army, the industry and trade, social sphere, in

To culture and formation sphere. A vivid example of such state was Round -

tsija beginnings HH century in which there was a set interpersonalnyh pra -

vovyh systems, the western legal system as most has been apprehended at -

emlemaja in the conditions of consolidated государства414, the requirement in which was

It is caused economic and military necessity.

Thus, it is obvious, that the right and mentality constantly vzaimodej -

stvujut. Efficiency of realisation depends on variants of their interaction

Rules of law. It also depends and on purposeful political will

The states. In the event that rules of law generate legal relations,

Societies contradicting or mismatching mentality, its structure -

nym to parts the state should influence systematically and convincingly on

Society for the purpose of maintenance of achievement of the purpose of accepted laws. In svja -

zi with it carrying out thought over, systematic state is necessary

Politicians of the account of mentalities of a society at acceptance of laws and them is

nija. It will promote formation of stable relations in obshche -

stve, that will affect an estimation it of the right as stable.

414 Acar, Аli. Culture with particular attention to the Turkish case//Ankara Law Review. –

2006. – Vol. 3. – № 2. – THE RIVER 143 – 153.

175

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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 4.1. Objective interaction of the right and mentality of a society:

  1. § 1.2. The purposes and problems of interaction of police with institutes Civil society.
  2. § 2.1. Powers of police on interaction with institutes Civil society.
  3. § 1.3. Is administrative-legal forms and methods of interaction of police with institutes of a civil society.
  4. § 2.2. Legal bases of interaction of a civil society and local governments
  5. 5.1. The General characteristic and the basic doktrinalnye models of interaction of police and institutes of a civil society in the Russian Federation
  6. § 1. Konstitutsionno-legal model of interaction of associations of citizens, a civil society and the state.
  7. §3. Model of interaction of law-enforcement bodies with institutes of a civil society in counteraction sphere narkotizatsii the population
  8. CHAPTER 1. Theoretical bases of interaction of police with institutes of a civil society.
  9. CHAPTER 2. Is standard-legal regulation of interaction of police with institutes of a civil society.
  10. 4.2. Mentality as regulator of public relations
  11. the Problem of evolution of mentality
  12. § 1. Objective signs of structures of the crimes providing responsibility for creation of the criminal society (the criminal organisation) under the criminal legislation of Russia, Belarus and Ukraine
  13. 5.2. Interaction of police with public associations and other institutes of a civil society at maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  14. Chapter 1. Communicative interaction OVD with institutes of a civil society as a basis of the organisation of their joint cooperation
  15. language - expression of mentality of the people
  16. §1. Optimisation of legal bases of interaction of law-enforcement bodies with institutes of a civil society in prevention sphere narkotizatsii the population
  17. 5.4. The basic directions of perfection of activity of police on interaction with institutes of a civil society at maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation
  18. the CHAPTER I. THEORETICAL BASES of RESEARCH of INTERACTION of LAW-ENFORCEMENT BODIES With INSTITUTES of the CIVIL SOCIETY In SPHERE of COUNTERACTION narkotizatsii of the POPULATION
  19. Be afraid Konstantin Aleksandrovich. the STATE And the CIVIL SOCIETY: PROBLEMS of LEGAL INTERACTION In Russia. The dissertation on competition of a scientific degree of the master of laws. Saratov - 2003, 2003
  20. CHAPTER 5. INTERACTION of POLICE And INSTITUTES of the CIVIL SOCIETY AT MAINTENANCE of CONSTITUTIONAL LAWS And FREEDOM of the PERSON And the CITIZEN In the RUSSIAN FEDERATION: PROBLEMS And PROSPECTS