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Introduction

the Urgency of a theme of research. Ideas of a lawful state, democracy and a civil society are closely connected with maintenance of high level of protection of the rights and freedom of the person.

The organisation of effective protection not only property rights, but also the blessings having the non-material maintenance is for this purpose necessary.

With development of the market relations, occurring transformations in all spheres of ability to live of a society, the problem of protection of the non-material rights and the blessings gets a special urgency. Its research is of great importance for a science, legislation and practice development, and also for fuller protection of human rights, creation of conditions for development of its individuality. One of aspects of an urgency of a theme of research is connected with not passing value of phenomena of honour and advantage in a life of a society throughout the long period of historical development of a civilisation, and also their essential role in the jural sphere.

the Problem of consideration of honour and advantage as the independent teoretiko-legal concepts reflecting deep interrelation of the person, society and state, and also a problem of the most effective honour and dignity protection, not only have not lost the value in the modern world, but also have got special sounding in the light of occurring events and processes.

At the present stage the society, on the one hand, has the developed legal receptions and ways of maintenance of an effective legal protection of the person, its honour and advantage. It is guaranteed by positions of the international standard legal acts and the national legislation. The constitution of the Russian Federation provides the common right on protection of the honour and a reputation (a part of 1 article 23). According to a part of 1 article 21 of the Constitution of the Russian Federation, advantage of the person is protected
by the state, nothing can be the basis for its belittling. In development of the constitutional norms the Civil code of the Russian Federation carries advantage of the person, its honour, a reputation, business reputation to number of the most significant intangible benefits.

On the other hand, the history of the XX-th century and the events of last time occurring all over the world, have shown, ways and ways of infringement of honour and advantage of the person are how much diverse. The tendency of growth of quantity of claims about an honour and dignity protection of the person now was outlined. In the given context one more aspect of an urgency of a theme of research is development of a modern Russian society in a direction of comprehension of value of each person, a recognition and protection of its advantage and honour, the statement of idea integral and inalienable rights and freedom of the person.

Legal character of the investigated phenomena is caused by what is right is an effective social regulator which is capable to provide an honour and dignity protection of the person in the modern world. Concepts of honour and advantage are the major legal values, occupy significant position in system of human rights and require corresponding protection from the state and a society.

It causes necessity of studying of problems of honour and advantage as the independent teoretiko-legal concepts reflecting deep interrelation of the person, society and state, formation of a theoretical basis of legal understanding of honour and advantage, and also search of ways of their most effective legal protection.

Object of research the system of the public relations connected with occurrence and development in a society of phenomena of honour and advantage, as their reflexion in the jural sphere acts.

the Object of research are "honour" and "advantage" as the independent teoretiko-legal concepts developed as a result of the long period of historical development and reflecting deep interrelation of the person, a society and the state.

the Purpose and dissertation problems. The purpose of the spent scientific work was research of independent teoretiko-legal concepts of honour and the advantage, considered in historical development and dialectic interaction.

the Research objective has caused statement and the decision of following problems:

- to investigate teoretiko-legal, methodological and historical value of concepts of honour and advantage;

- to reveal interpenetrating character of honour and advantage in connection with a general theoretical general theoretical, legal and social basis;

- to consider questions of a parity of concepts of honour and advantage with adjacent concepts;

- to designate the basic stages of development of concepts of honour and the advantages connected with changes of istoriko-legal conditions of a life of a society;

- to analyse use of terms "honour", "advantage" in the modern Russian legislation and practice of the European court under human rights;

- to open value of concepts of honour and advantage for realisation of the concept of a lawful state and a civil society.

Degree of a readiness of a theme and theoretical bases of research. Modern istoriko-theoretical researches of concepts of honour and advantage lean against products of such classics of social science, political science and past jurisprudence, as Platon, Aristotle, Epiktet, M.Avrely, Teofrast, TSitseron, Seneka, F.Akvinsky, M.Paduansky, J. Monetti, P.Mirandola, N.Makiavelli, Z.Boden, M.Montaigne.

for research of development of concepts of honour and advantage products of thinkers of New time, and also work of representatives of the European jurisprudence XVIII - are XIX centuries Significant: I.Bentama, F.M.A. Voltaire, G.Gegel, T.Gobbs, L.Djugi, I.Kanta, B.Konstana, J. Lock, K.Marx, D.S.Millja, S.Monteske, F.Nitsshe, R.Paunda,
S.Pufendorfa, ZH. Russo, G.Spensera, B.Spinozy, A.Tokvilja, H.Tomazija, I.G.Fichte, F.Engelsa, E.Ehrlich.

the Essential contribution to research of concepts of honour and advantage was brought by outstanding domestic lawyers and jurists: A.I.Ilyin, N.M.Korkunov, S.A.Kotlyarevsky, P.L.Lavrov, P.I.Novgorodtsev, I.A.Pokrovsk,

B. S.Solovev, L.I.Petrazhitsky, B.N.Tchitcherin.

the analysis of historical development of concepts of honour carried out by the author and advantages is based on S.A.Beljatskina, V.M.Vladimirskogo-Budanova, A.M.Dobrjansky, I.A.Isaeva, O.E.Lejsta, T.Lippsa, O.I.Chistjakova, J.N.ShChapova, V.L.Yanin's works.

in the right of ideas of honour and advantage of the person such modern domestic scientists, as S.S.Alexey, A.N.Babenko, V.A.Bachinin, M.V.Baglaj, M.I.Baru, B.K.Begichev, A.V.Belyavsky, A.V.Borisov, S.N.bratus, M.L.Gaskarova, V.G.Grafsky, A.M paid to reflexion Questions attention. Demidov, S.A.Drobyshevsky, S.V. Tenants, V.N.Zhukov, N.P.notch,

C. A.Ivanov, I.A.Isaev, R.A.Kalamkarjan, A.I.cornel, S.A.mosquito, A.V.Kornev, L.O.Krasavchikova, O.E.Lejst, R.Z.Livshits, D.S.Lihachev, E.A.Lukasheva, D.I.Lukovsky, J.M.Magaziner, M.N.Maleina, O.V.Martyshin, N.I.Matuzov, A.V.Malko, I.D.Mishina, B.C. nersesjants, J.S.Novikova, I.L.Petruhin, A.V. Poles, V.D.Popkov, A.E.Presnyakov, N.A.Pridvorov, Z.V.Romovsky, V.M.Savitsky, JU.I.Stetsovsky, S.A.Tchernyshev, I.L.Chestnov, V.E.Chirkin, A.I.Chugaev, V.M.Shafirov, A.A.Junusov, J.V.Jachmenev and others.

the Problem of a legal protection of honour and advantage of the person cannot be resolved without the analysis of the newest tendencies both in theoretical jurisprudence, and in branch sciences. Questions of protection of the personal non-property rights, including honour and advantage of the person, became M.M.Agarkov, A.L.Anisimov, A.V.Belyavsky, S.N.bratusja, A.A.Vlasova, O.S.Ioffe, L.O.Krasavchikovoj, N.S.Maleina, M.N.Maleinoj's object of research,
N.A.Pridvorova, L.K.Rafievoj, G.M.Reznika, V.A.Tarhova, E.A.Flejshits, A.M.Erdelevsky, K.B.Jaroshenko and others.

Highly appreciating value of works of the specified scientists, it is necessary to notice, that complex istoriko - and to teoretiko-legal research of concepts of honour and advantage of due attention it was not given.

Dialektichnost concepts of honour and advantage increases of value of some legal values, developments of methodology of jurisprudence allow to come back again to their research at each new historical stage, taking into account change of public relations, istoriko-legal conditions. Not passing for the jural sphere value of concepts of honour and advantage testifies to necessity of the constant reference to a problem of observance of balance of interests of the state and a society on the basis of observance of the rights and personal freedoms, expansion of knowledge in this area, continuation and maintenance of a legal discourse.

the Methodological basis of dissertational research is the dialectic approach to knowledge of teoretiko-legal concepts of honour and the advantage, assuming struggle of the opposite beginnings of social being, natural character of historical events and the phenomena.

the Scientific toolkit of work was under construction on principles of objectivity, a historicism and pluralism of knowledge of history of the legal doctrine.

Besides, in work general scientific methods of knowledge were used: methods of the logic analysis (the analysis, synthesis, deduction, an induction), system and functional - for studying of the mechanism of an honour and dignity protection of the person. The genetic (historical) method was applied to research of conditions and the reasons of occurrence of representations about honour and advantage in work.

Among special legal methods of research were applied: istoriko-legal, directed on studying of history of development of representations about honour advantage in foreign countries and Russia; rather-legal which was used with a view of comparison of the rules of law directed on
an honour and dignity protection of the person in Russia and foreign countries, revealings in them the general and especial; legallistic which assumes the analysis of the sources of law defining the mechanism of an honour and dignity protection of the person.

the Standard basis of research was constituted by the Constitution of the Russian Federation, federal acts, subordinate legislation standard legal acts of the Russian Federation, sources of law of foreign countries. The special place in research occupies the analysis of the international legal acts.

as the Empirical basis of dissertational research materials of the international, foreign, constitutional and general judiciary practice, concerning honour and dignity protections of the person act. The author analyzed decisions of the European court under human rights, and also decisions and definitions of the Constitutional Court of the Russian Federation, mentioning questions of maintenance of necessary level of protection of the rights and freedom of the person and the citizen, in particular, the personal rights on honour and advantage.

Scientific novelty of research. For the first time in a domestic science applied to concepts of honour and advantage complex istoriko - and the teoretiko-legal approach has allowed to reveal laws of their historical development, and also to formulate author's definitions specified teoretikopravovyh ­ concepts.

On the basis of the valuable approach to the analysis of the legal phenomena the author proves consideration of honour and advantage as the legal values which have developed as a result of the long period of historical development, persons reflecting deep interrelation, societies and the states.

the carried out research has allowed to formulate and prove the following substantive provisions which are taken out on protection:

1. Concepts of honour and advantage should be considered in three aspects: in philological sense (an essential sign the morally-ethical aspect is); from the point of view of the logic analysis (as abstract categories out of
a psychological field of treating subjects); from legal positions (as teoretiko-legal concepts and legal values).

In jurisprudence of concept of honour and advantage reflect certain social relations between the citizen, the state and a society that allows to speak honour and advantage as about teoretiko-legal concepts.

Honour and advantage of the person inseparably linked with the right as their infringement or loss involve loss of normal public relations, and, means, and loss of the certain status in legal relations with other subjects and the state. Teoretiko-legal interpretation of the given concepts is based on the analysis of the rules of law protecting these blessings. From the point of view of the valuable approach to the analysis of the legal phenomena of concept of honour and advantage are the major legal values, occupy significant position in system of human rights and require corresponding protection from the state and a society.

2. In teoretiko-legal sense it is necessary to understand a social estimation of conformity of the person, its moral and other qualities, and also acts As honour to the social norms, formed depending on a level of development of economic, political and spiritual spheres of a life of a society, and also taking into account hierarchy of values at a concrete stage of its historical development. In the maintenance of concept of honour public opinion about the concrete person, the relation to it from a society is reflected.

Under advantage it is necessary to understand an internal estimation of the person, comprehension of own personal qualities by it, abilities, the outlook, the executed debt and the public value, and also sensation of the value as the person in general (human advantage), as concrete person (personal advantage), as representative of certain social group or generality (for example, professional advantage), values of most this generality (for example, national advantage).

3. Categories "honour" and "advantage" are closely connected among themselves, but have differences. Advantage is based on a principle of equality of all people in
moral and legal relations and does not depend on the public importance of the person. The maintenance of concept "honour" includes an estimation of the social importance of the person from a society depending on a sort of its activity, moral qualities etc. Specified concepts reflect subjective (advantage) and objective (honour) of representation about the position occupied with the person in system of public relations. The state and the right provide application of the effective mechanism of protection or restoration of the given position in cases of possible infringements. Thus, both concepts of the dialectic unity reflect deep interrelation of the person, a society and the state, balance of interests in this system on the basis of observance of the rights and personal freedoms.

4. Arising as social and ethical phenomena, honour and advantage in the course of the development in process of perfection of their legal maintenance and protection get legal character that allows to consider them in legal aspect as teoretiko-legal concepts and legal values which occupy considerable position in system of human rights.

In dissertations the analysis of interrelation of honour and advantage with sense of justice is presented. In system of sense of justice of the person following levels co-operate: the first level - legal ontologija, the second level - aksiologichesky (estimated), third level - strong-willed (praksiologichesky). At level legal ontologii there is a comprehension of that such honour and advantage of the person what their role in a life of a society and the separate individual, they give what possibilities to people and that from them demand.

On aksiologicheskom level the person forms the relation to the specified categories, includes them in the system of values. Comprehension by the person of valuable aspect of honour and advantage promotes change of representations about the right: its transformation from "alien", external, proceeding from public authorities - in closer, clear, promoting realisation of the purposes and interests, and also observance of the rights and personal freedoms.

On the third, strong-willed or praksiologicheskom, level on the basis of valuable representations of the person motives of its behaviour in the jural sphere are formed. Representations about honour and advantage affect behaviour and activity of the person in various situations, including, settled by the right, and are embodied in legal activity of the person, its lawful or unlawful conduct.

5. Concepts of honour and advantage are closely connected with other legal values, in particular, with freedom. The interrelation of freedom with honour and advantage is accurately traced at the present stage when respect of the right to inviolability private both home life and preservation of its secret are the integral components of individual freedom, and legal fastening of the personal (civil) rights and freedom creates a legal basis of mutual relations of the person, a society and the state in personal liberty sphere. Legal protection of the personal (civil) rights and freedom expresses humanistic principles of a democratic lawful state and a civil society. The personal (civil) rights and freedom include also the right to advantage of the person, and the right to freedom, and the right to inviolability private both home life, and the honour and reputation right of defence.

If to correlate concepts of honour and advantage with freedom it is possible to say, that the advantage closely connected with an internal personal freedom, represents «freedom maximum» which the person can realise in concrete conditions. And honour, on the contrary, is «freedom minimum». The terminator in the latter case is the accent on dependence of the person on a society, that is on a social estimation from its party as influence on behaviour of the individual renders any more its own will, and public expectations.

6. The maintenance of concepts "honour" and "advantage" varied in the course of historical development, as well as position of the individual in a society. Genesis
the given concepts, the beginning of process of their development and legal fastening goes back to history of the state and the right of an epoch of Antiquity.

Honour played a significant role in an Ancient Greek society that proves to be true distribution of such kind of punishment as disgrace (atiimija). Severe punishment for such encroachments on honour and advantage as slander and the insult provided the Roman Law. As a whole, concepts of honour and advantage during the antique period yet had no modern value, were understood from the point of view of a social role of free citizens, their rights and duties before the state.

the Middle Ages became that historical period in which the concept of honour leaves on the foreground and get strongly pronounced soslovno-status character. Occurring in Reformatsii and medieval Revival the spiritual liberation of the person has paved the way for autonomism of the individual.

In XVII - XIX centuries registration of categories of honour and advantage occurred to the help of the right by fastening of the legal personality of separate categories of persons, whose value was defined by class privileges and economic advantages. During this period honour and advantage become independent categories, pawning an ontologic basis novoevropejskoj ideas of human rights, reflect communication between an autonomy (freedom) of the person and its dependence on external restrictions from the state and a society.

In second half HH century comprehension of value of honour and advantage - one of the major lessons of the military period - leads to their legal formalisation that is connected with the statement in the right of the humanitarian beginning, distribution of the concept of the natural death demanding maintenance of freedom and independence of the person. This process finds reflexion in norms of international law and the constitutional certificates of the states.

7. Now in the conditions of the globalisation, accruing rates of information and development of information-telecommunication networks
the problem of maintenance of honour and advantage gets special value. In connection with process of more and more deep penetration of information technologies during a society life growth of their use with a view of infringement of the rights and freedom of citizens, including, their honour and advantage is observed.

the Problem of an honour and dignity protection of the person in a network "Internet", in particular, a question of freedom of comments of citizens on the Internet, partially falling outside the limits regulation of the legislation on mass media, require the effective decision.

the Theoretical importance of research consists in complex istoriko - teoretiko - and the tsennostno-legal approach to the honour and advantage categories, developed as a result of the long period of the historical development, reflecting deep interrelation of the person, a society and the state, and also in revealing of laws of their istoriko-legal development and features of their understanding and application in jurisprudence and practice.

the Received results can be used at carrying out of lectures and seminar employment on disciplines "Theory of state and law", «History of the state and the right of foreign countries», «home state and right History», «the Theory, history and practice of the rights and freedom of the person and the citizen», and also special courses for bachelors and masters in a direction of preparation "Jurisprudence".

the Practical importance of research consists that the received results can be used in pravotvorcheskoj activity on perfection of the federal and regional legislation regulating questions of an honour and dignity protection of the person. Scientific positions containing in the dissertation and the recommendations developed on their basis can be used by preparation of the scientific and uchebno-methodical literature.

Approbation of results of research. The dissertation was discussed on chair of the theory and history of the state and the right of faculty of law of Federal state budgetary educational institution
the higher vocational training «the South Ural state university» (national research university).

the Positions which are taken out on protection, and the basic conclusions of research have found reflexion in 8 scientific publications which represent materials of the international and interuniversity scientifically-practical conferences spent on the basis of faculties of law of universities of St.-Petersburg, Chelyabinsk, etc. the Basic conclusions of research are presented in articles «To a question on development of representations on categories of honour of advantage: ­ istorikopravovoj aspect», «Some aspects of an honour and dignity protection of citizens of the Russian Federation», «Some questions of categories of honour and advantage in modern jurisprudence» which are published in the magazines included in the List of leading periodicals, recommended VAK for the publication of substantive provisions of master's theses.

Results of dissertational research are introduced and used in educational process FGBOU VPO «the South Ural state university» (NIU) at carrying out of lectures and seminar employment on disciplines "Theory of state and law", «History of the state and the right of foreign countries», «home state and right History», «the Theory, history and practice of the rights and freedom of the person and the citizen», and also special courses for bachelors and masters in a direction of preparation "Jurisprudence".

the dissertation Structure is defined by the purposes and research problems and logic of a statement. The basic part of the dissertation consists of two heads, each of which is divided into three paragraphs. Work includes also introduction, the conclusion and the list of the used sources and the literature.

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A source: Bezrodnova Xenia Valerevna. Honour and advantage as teoretiko-legal concepts (istoriko-legal research). The dissertation on competition of a scientific degree of the master of laws. Chelyabinsk - 2014. 2014

More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
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  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK