§ 2. Problems of legal culture of the subject in a context of the mechanism and results of action of the status public law in Russia

The legal culture of the citizen - of the subject of the status and public relations - is staticized in a context more the general problem of theoretical jurisprudence. Speech, in particular, goes obego ontologii the rights: right action, the mechanism, and also results of action of the right - they are reached thanking its effective "work" in a society and show how much obshchetvo has come nearer to the legal ideal.

The question on right action especially in the ratio with the mechanism providing its productivity as a general-theoretical basis for working out more of incidental points of the theory and practice in the field of the public law, the unequivocal decision has not received till now [698]. As an illustration to this statement the opinion existing in the special literature on ambiguity in understanding of the mechanism of action of the right acts, for example.

So V.P.Malakhov postulates dualism in understanding of the mechanism of action of the right. It it is true, as it is represented, pays attention to the moment, basic for understanding of the mechanism of action of the right, first, to distinguish the mechanism of action of the right from an organism [699]. Results of the comparative analysis of properties of the mechanism with an organism allow to show more boldly, that the mechanism of action of the right - as structure:

1) represents such set of elements which has the closed character caused by functional sufficiency and aiming at achievement of result;

2) being once it is created also capable to function in a mode of numerous inclusion and deenergizing, nevertheless, cannot be put in action by itself.

3) allows to interpret the right as the special tool of the organisation and reproduction of a social life and in this quality it in a condition to carry out only serving functions;

4) mehanitsizm in interpretation of the right, which show that right action (in all basic forms: state, public, individual, international) assumes such system of elements without which the right cannot operate: norms, relations, etc.

However within the limits of a theme of the present dissertational research the approach to the analysis of action of the right not so much as to the mechanism, skolkokak to process is realised. And within such logic the action mechanism is right to interpret probably, answering a question: what results the right and all its tools in movement? Translates structural parts from a static condition in the dynamical? The answer to these questions is obvious: on the one hand, in action the right is resulted by changes of environment of its dwelling, i.e. a society: conflicts and the contradictions, occurring changes, folding of new situations. But on the other hand, if to mean, that all these changes are determined by acts of the person (citizen) the mechanism of action of the right it is necessary to include in system «starting means» and sense of justice - it, as is known "forms" an image of the certificate of behaviour in a subjective reality. And pravosozananie, and this platitude in a science, does not happen subjectless.

Taking into consideration stated above a reasoning, we will notice, that appropriate functioning of the mechanism of action of the right always needs external influence of a certain sort. It is not difficult to draw a conclusion that such influence assumes presence of the subject, first of all the person (citizen).poskolku only it and possesses necessary vitalnoj the energy which part is projected on the mechanism of action of the right.

The mechanism of action of the right is supported by subjects with certain statuses thanking
To sense of justice and certificates of the lawful behaviour which set allows to estimate level of legal culture.

Problems of legal culture and ordinary citizens, and those who is the subject possessing office legal statuses, kompetentsionnoj the legal personality (the carrier in a sense [700]) in Russia in a context of the mechanism of action of the right, undoubtedly, are among elite culture often and in detail discussed by experts. Observable intellectual activity of researchers concerning various aspects of legal culture of the citizen is caused by a life, certainly, by not so simple inquisitiveness of workers of scientific shop of jurists and adjacent obshchestvovedcheskih spheres. Steadfast and heightened interest of researchers to the given theme is generated by the following: a reality of a modern Russian society is visible distortion of legal culture. Egoobosnovanno it is possible to name a phenomenon of legal anticulture [701], and also cultures of negation - legal nihilism [702].

For designing of "shop" concept «the legal culture» is actively used by lawyers the general concept "culture" [703]. It remains debatable [704] and for this reason "demands" the further discussion for the purpose of specification of its sense and the maintenance. Acquaintance to definitions available in the special literature visually shows, that the modern social science abstains from assignment to it of certain sense. To it there is, of course, variety of objective causes.

The analysis of workings out available in a science has shown: discriminating feature of culture is the exclusive polysemy of its treatments and interpretations that is reflexion of heterogeneity of the maintenance of concept "culture" (values, activity, semiotics, a society, social experience, etc.). Nevertheless, all known semantic designs of representations about culture are reduced to two extremely generalised definitions.

The first of them covers all sphere of life except for a dwelling environment. The culture of a society, its separate segments appear in aloof forms from the person, obektivirovannyh at material level at social institutes and standard complexes which in a wide historical context act as the closest so, as a habitat of dwelling of the person.

Extrapolating become axiomatic in a science judgement on sphere of the present analysis, we will fix the following thought. The legal culture is,
First of all, an organic layer of culture of a society, «the second inhabitancy» person, which in the material expression can be positioned on institutsionalnom (the state and other institutes of political system) and tsennostno-standard level (the right, the values which are in its basis, both in the course of rationing of public relations, and at level of application of the right). Such understanding of legal culture in the teoretiko-legal literature became for a long time a platitude. However we believe important to pay attention and on other party of an analyzed question.

Namely on that theorists of the right design concept «legal culture», using as an initial informative platform the terminological number presented both base concept of culture, and facultative definitions (values, activity, semiotics, a society, social experience, etc.), having in social science the strong terminological status fundamental, initial. It is simple to assume, that the short, aphoristic formulations of legal culture offered by researchers, not one and not two. Their quantity is quite enough to reveal distinctions in existing approaches, opinions and the points of view.

The majority of positions known to a teoretiko-legal discourse in understanding of legal culture are similar and show the unity. In the special legal literature the judgement that the legal culture is interpreted as a qualitative condition of the jural sphere of a society in its context historical and sotsiokulturnogo developments is extended. [705]

Within the limits of such scientific approach it is a question of legal culture of a society as to its integrated characteristic in the widest time and social context. However attracts attention one remarkable and, certainly, important moment for the present research. At such approach the accent is made exclusively on legal phenomena of a society (the legal
Ideas, legal values and ideals, juridical acts, state-legal institutes, legal practice of a society) which are described not separately and as set of properties, relations and processes. The given synthesis distinguishes the right from others reguljativnyh systems of a society and does the right by that it is, causing the style distinguishing from all rest style [706].

Among base research installations, which define prospects in research of the status public law especially at a realisation stage (in dynamics) it is possible to name the following.

First. The culture is interpreted as the special form of life! Dejatelnostnyj the approach is based on understanding of culture as the phenomena exclusively difficult organised. Integrativnyj by the nature a phenomenon - the culture - is caused by transition of various forms of life (the nature, a society, the person) from the natural, spontaneous form of existence of biological system to other type of functioning and development. Position of culture among other ontologic forms is defined by that public relations are not set biologically and consequently are not broadcast genetically, and the Person synthesising in the real existence and behaviour natural and public laws, is positioned as incarnate unity of the natural and social has begun.

Secondly. Transition and culture maintenance as special form of life it is put in dependence on special activity of the person. In the sense that such activity and its results are not known for the person to the nature, they generate new the life form - culture as new quality of a life! The person, it "consolidates" in one integrated whole the nature and a society, it stanovitsjatsentralnym "link" in a chain of the basic forms of life: the nature - the person - a society. According to Moiseja Solomnovicha Kagana and it
Followers [707], the culture appears at us as such form of life which is formed by human activity and by all means includes not only a set of total things or ideas, concerning values and senses, but also models mass social (intellectual, creative) behaviour, and also itself protsessualnostkulturotvorchestva. And, so far as it so it is necessary to recognise, that out of and without the Person - as unique subject unknown to the Nature kulturotvorchestva the culture in general cannot exist. It is necessary to add, that the culture exists only in conditions institutsionalnogo (social) and intellectual order - i.e. conditions of a public organism, in which it is capable (or it is not capable) to reproduce culture.

Thirdly. In connection with stated above value not so much activity (gets ways of activity which are inherent in the person from a birth, and also what it are invented, improved and pass from father to son thanks to training, to formation, education) and its remedial form, how many quality of the person as the subject of activity - of quality supernatural. These are such harakterologicheskie lines which, leaning on given to the person by nature possibilities, are formed during formation of mankind and are recreated each time again and again in process of the individual. Sulimova V. A's statement that filled with values and senses human activity, its ways are «« valuable knot »in which social and individual pictures of the world are bound, intellectual both educational potential of a generality and occurrence in it persons of the person used kognitivnye of model and intellectual experts» [708] is fair.

Fourthly. problematiziruetsja consciousness of the person as kulturosozidajushchego the subject. Anthropological determination (personologizatsija) cultures, and also that the culture is understood always in connection with activity of the person (its ways) which not only is inherent in the person from a birth, and also those its forms which it are invented, improved and pass from father to son thanks to training, to formation, education (in the narrowed social interpretation is a social practice) problematiziruet consciousness of the person as subject of culture - innovations, but not only. With consciousness communicates kulturosozidajushchy potential of the person, as consequence, all society.

Dejatelnostnyj the approach to understanding of culture is productive for the analysis of legal culture at microlevel: at level of the person of the citizen as subject of the public status. In the logician of this direction in a science the spiritual maintenance of ability to live of the person is staticized. Formalized in culture products, the material, subject world represents the culture phenomena in that degree in which it expresses, symbolises the spiritual beginning - its carrier, as is known, is only the person [709]. Differently, it is impossible to come to understanding of sense of culture of a society, passing primary - chelovekakak substantsionalnuju a basis of the social organism creating culture.

On this vector among variety of the definitions of culture developed by a science the beginning consolidating them, consisting that a matrix, a condition, the purpose and means of life of all anthropological landscape reflected in concept "culture", the person acts is seen. For existence
Cultures in historical process it is based on spirituality - the property which carrier is only individual subject of historical development, abilities to rational or abstract thinking in investment of things and events by certain values (a designation by means of sign system) which cannot be seized one feelings and are accessible only to the person. «Spirituality means free internal human life, its aspirations and a reflexion concerning and another's actions, irrespective of estimated relations to them. Also is last, main» [710].

Concerning spirituality of the person as culture bases, figuratively and precisely expresses E.V. Smiths, noticing, that spirituality of the person is not reduced to so-called consciousness as, for example, the totalitarian state has developed paternalistsko-infantile type of consciousness in the person. In its opinion, under spirituality «it is necessary to understand not simply moral behaviour of the person, but also comprehension of its accessory and participation in all Temple of the Universe» [711].

Certainly, thus difficult, dialectic communications between general and individual, collective and the person, the citizen and the state [712], «which are not lost sight, being inseparable, are lost in each other,


Are diluted one in other, but at the same time and differ from each other »[713].

The statement, that a culture basis is the person who is in "captivity" of an original network of social relations, arising between people, is axiomatic. The person (person) will transform the world according to certain values, problems, ideals, principles, norms, subjective attitude and outlook. Than more deeply and more strongly interrelation between the person and a society, than more full the person masters
Culture achievements, its major values, that it becomes richer as the person. Changing the world round itself, the person varies.

In connection with stated above it is important to consider what to learn essence of legal culture of a society, not having resorted thus to research of its microlevel - of legal culture of the person - it is hardly probable possible.

Discussing in the comparative plan different approaches in understanding of culture and dialectics of culture of a society and the person, it is possible already at the given stage of the analysis obosnovanno to approve следующее:правовая kulturaobretaet the outlines, obektiviruetsja on institutsionalnom level of the social space supported by all system of social regulation; the legal culture thus determining politiko-legal practice "creates" that type of the abstract individual subject which is adequate to it and is capable by means of to broadcast spiritually-practical activities base values and, thus, to support cultural identity in historical prospect. Specific features of legal culture and model of the abstract subject generated by it, caused by historical, ethnic, religious and other features of sights, installations, valuable orientations of a concrete social generality, predetermine conditions in which the separate person as a member of a society and the citizen of the state is formed.

If from these positions to consider legal culture it is necessary to recognise, that for clearing of its maintenance equal value has also other pole, a foreshortening or «an assemblage point» scientific information. Namely - the person as the citizen of the state and a member of a civil society and, of course, its teleologic activity filled spiritually as the subject of public relations realising obshchegrazhdansky or the office status.

Staticizing a problematics of legal culture of the subject of the status public law, hardly probable it is necessary to refuse at all a recognition of that role and influence which is carried out by legal culture of a society on the person, it
Politiko-legal socialisation. But influence of a politiko-legal, public inhabitancy on the citizen is shown not only that its consciousness fixs [714], passively acquires objective in relation to it system of social communications in co-ordinates in which it is forced to realise various forms of the life. Influence of a social universum (the system of symbols, their values fixed in language) on the person of the citizen is shown in ability of the last to master throughout long time ethnocultural and other values to find possibility of their judgement, and later and smyslopostroenija. Differently: it is a question about reflexing consciousness activity. And already after this the person designs (recreates) that validity which has once affected it and for which he aspires to adapt in the course of the ability to live in the consciousness.

Well-known, that social human nature, its ability to communicate [715] with people with other system of values, other culture, with other, another's experience, acts as a basis of creative, active functioning of consciousness of the individual subject which deforms a variant of the sociality initially causing the person, its cultural accessory. Subsequently existing legal practice in space of legal culture of a society appears as opredmechennoe individual consciousness of subjects. It is designed according to the substantial moments of own politiko-legal consciousness (representation) of the individual subject and functions by a principle of an average arithmetic as a result of collective actions of set of people. Therefore we will agree with prof. I.L.Chestnovym who classically postulates: The right as the social phenomenon generated by culture, appears as a "human" phenomenon, «designed (though and not on an arbitrariness) and used by people. Thus the concept"person"is necessary for considering in a context of the concrete
The culture forming specific characteristics of certain type of the person »[716].

As acknowledgement told again we will turn an analysis vector on cultural space of Russia in which there is a formation of the abstract subject of the status public law.

Earlier the attention has already been paid that historically politikoyopravovoj the segment of a society and the Russian state are under powerful influence sistemotsentrizma (teo - this - etikotsentrizma), the cultures, opposite to civil type. Kskazannomu it is necessary to add and influence of legal nihilism, widely, with the big scope showing both in a society, and in the state. It is the fact which cannot be ignored or ignored [717]. The legal nihilism as the phenomenon of anticulture and a phenomenon of negation of the right in this case is considered as the factor caused by a life in public space of a society by specificity, an originality tsivilizatsionnogo developments of Russia. However it only one side of the problem, is also others.

Not less obvious fact, for example, a modern is social-legal life of Russia is that the nihilism has not simply overflowed weights, but also has reached such level of which cannot "brag", perhaps, any other country of the world. The nihilism that is quite clear, was reflected in activity of the state, legislative and law enforcement bodies of all levels, the judiciary. The developed situation, and with it it is difficult to argue, acts as an absolute obstacle in a way of formation of structures of a civil society and a lawful state in the conditions of more and more globalized [718] and simultaneously
The multicultural world [719]. Unfortunately, quality of the administrative personnel (the abstract, cumulative Russian official) very low also mismatches scales of those problems which now face to the country, including in conditions and legal globalisation.

Really, about what lawful state, even its possibilities in the foreseeable future there can be a speech even if the head of the state establishes corruption, i.e. «decomposition of all institutes of the government to Russia» [720]. And in the conditions of crisis questions of corruption [721] become the most difficult and sensitive [722].

Not casually some authoritative representatives of expert community of theorists of the right and the state believe, that the civil society and a lawful state in modern Russia is only «borrowed of an arsenal of the Kremlin propagation ideologemy» which cannot seriously be discussed in scientific community. However the recognition, ascertaining and verbalisation of the given fact at all does not release scientists from necessity of detailed polemic discussion of a question on the reasons of the developed situation and its prospects [723].

Other clearing up moment of an analyzed question consists in the following. Hardly probable it is necessary to ignore dependences between a condition state, as a whole political sphere of a public life and those who should and it is capable to provide the decision of significant questions in the conditions of transformation social arhitektoniki [724] and global crises.
Researchers see determinations between a situation in the sphere regulated by the public law of the Russian society, and those concrete subjects of the public law, which psychobiography, impulsive improvisation, "juggling" by the law influence events, conditions and as a whole define a political climate in the country and behind its limits.

The epithets used by serious researchers for figurative and exact, but, unfortunately, not always of the partial description of process of realisation political and the government (not excluding and the Russian Federation), knock with the negative, negative potential. Especially guard in created by efforts of some representatives of the government frightening destructive tendencies, destruktivizm - it threatens not only the organisation state (is wider-political) the authorities, but bases of existence of society. For an illustration and as acknowledgement told we will result only some of these эпитетов:торговля the state competences [725], boundless and impetuous sovereignty state (is wider - political) elite; incompetence, permissiveness; negative human potential: nonsense, meanness, impudence; propensity to a forcing; detachment from needs of the population; petty routine guardianship; voluntarism; Forgery, blackmail, payoff, violence, etc. [726].

In a context of legal culture of the subject of the status public law of Russia pertinent, it appears, will remind once again that stated above contradicts a valuable basis and the ideological base of the status public law of Russia. It includes, is supplemented and owing to it essentially specifies problems of the status public law ideas (uniqueness of the person as persons, a human life as the higher value, advantage of the person, humanism, freedom of self-determination counterbalanced by legal and moral legality, responsibility and duties, a civil society -
The carrier of critical function in relation to the state [727], etc.), reflecting standard definiteness of human existence, security of its interests taking into account their conformity to interests of the state and a society. The valuable basis of the status public law by all means correlates with a legal ideal of development of a society as quintessence of national understanding of the right, its perception collective sense of justice.

Hardly probable it is necessary to ignore that fact, that the majority of the named legal ideas and etiko-political maksim, being in the basis of the status public law, as value of the western legal culture, ideals of the western liberalism directly are interpreted. The right accessory to phenomena of not Russian civilisation is used, it appears, including to call into question their (values) realisation.

What does it mean for the modern public practice of the Russian society formed not so abstract, and quite real subjects of public relations? At the answer to this voprosvazhnootmeti the following: the national legal system of Russia, anyway, at standard level has apprehended the European politiko-legal tradition and model of human rights, their organic part - the political rights which are in the basis of special legal statuses with which realisation public activity of the citizen communicates. However the basic subject - the owner of the tool causing translation in kulturnoyoistoricheskom space of values, developed European politikoyopravovoj culture, i.e.-publicly-legal (is wider: politiko-legal) activity of the citizen, in society scales remains in the deactivated, static condition.

Action of the status public law as the process supporting its functional sufficiency in a society, its public segment, - the phenomenon difficult organised influences including some directions on
Society (for example, on Maltsev G. V) [728].

We believe basic, instead of minor to allocate and focus attention on a following moment more boldly. As the positive law phenomenon, the status public law "works", rendering information [729], valuable, stimulating and compulsory influence on subjects.

Being expressed more precisely, nevertheless we will notice, that not the status public law influences the citizens possessing as general, and kompetentsionnymi statuses, and on their consciousness which acts in the action mechanism as the first level, self-control level. Therefore it is right So-called Radko, which, recognising the information nature of the right (one of the major means of the social information, who is used by the state to finish certain data for subjects of law), establishes, that information function of the right is not the basic, however it conditions for "work" of all of the others, both actually legal, and social [730].

Taking into account stated it is possible to approve, that the status public law besides actually legal characteristics finds also properties information, allowing process of legal regulation of public relations to analyze through a prism of movement of the legal information (information creation, its transfer, perception, processing, reception of the new information on the basis of activity of consciousness of the addressee and its embodiment in the behaviour certificate) [731].

Information influence of norms of the status public law consists that in the course of rationing of relations within the limits of political system of a society the legislator by means of containing in legal statuses
Instructions brings to the notice of all subjects a state official position about existing possibilities of behaviour in public sphere of a society; specifies in the admissible and forbidden means of achievement of the purpose, and also for possible consequences deviantnogo behaviour of the subjects who are carrying out strictly certain social role. Differently, in norms of the status public law the subject of law-making fixs an image of optimum variants of behaviour of the subject in sphere of politiko-imperious relations, the government and self-management and informs necessary data on this image on purpose «to bring in consciousness of the subject such information which will be considered by it at definition of the purposes, means and results of the behaviour» [732].

Thus, public legal statuses it is information are loaded and act as a source of the information on a public role of the citizen and its prestige in a society. But to have the regulating an effect on public relations legal statuses can not certainly, and only under certain conditions and stage by stage [733]. Concerning the first named circumstance we will notice, that such condition is that about the status and its maintenance becomes known to the person as to a member of a civil society, the citizen of the state. Distribution of the information containing in norms about the rights and duties of individual subjects of public relations, simultaneously becomes also the first stage on a way reguljativnogo influences of the status public law on public relations.

The information aspect of action of the status public law, certainly, depends on information channels of transfer of will pravotvorjashchego the subject, the legislator. Hardly probable it is possible to doubt the validity of the statement - if the considerable part of the legal information reaches citizens through those channels which do not provide its transfer as much as possible full under doubt reliability of data and influence of a legal matter of the status are put
The public law on behaviour of subjects, sufficient degree of efficiency.

For behaviour of the subject of the status public law is of great importance not only presence of the norms fixing public legal statuses. That circumstance is more important, that these norms do not remain only a graphic representation on a paper, and are really carried out in a life in the form of the concrete politiko-legal practice presented by set of the is social-legal facts - significant for the public law and order of actions of people. Well-known, that productivity and efficiency of information influence of the status public law on a society, separate persons is measured by, whether the legal information by application practice, public opinion, public and individual legal culture, etc. [734] is supported

The information influence of the status public law representing transfer of data on presence and structure of public legal statuses at individual subjects as it is represented, followed regard as primary, base, fundamental as all other aspects of action of the status public law are connected with it in the course of regulation of politiko-legal communications, relations, situations.

The status right of modern Russia as an organic segment of the public law of national legal system, certainly, tests on itself the influence rendered globalizatsionnymi by processes, dialogue of cultures and vital need to generate global partnership. It is forced to move further, regulating relations which develop under the influence of processes,
Got planetary value [735] (for example regarding the decision of problems of human rights (the citizen), formation and maintenance of structures of a global civil society).

Taking into consideration told, we will notice, that in connection with information influence of the status public law on social relations special value finds its valuable influence. It is directly defined by the ethical maintenance of norms of the status public law expressing in the compressed, concentrated kind obshchepravovye principles and principles connected with right historically, structurally and substantially human rights. In them the objective nature of a society and the person for «to learn a principle, actually, is put in pawn - means to open the law».

We not begin to repeat that has already found the reflexion on pages of the given research, and we will underline only some important points: (1) principle "is strong and attractive, first of all, thanks to the ideological maintenance caused moral maksimoj and a precept; (2) concentrating in itself the moral beginning, idea, a principle acts as a condition of free legal regulation and increase of its quality; (3) principle is original pledge of achievement of high efficiency of free lawful behaviour. From this point of view of the rights G.V.Maltsev who fairly establishes, that« the legal system moves ahead efforts not so much legislative people, how many efforts of the basic people testing deep adherence to moral and political values of a society »[736]. Values of the right, and this well-known, are in a direct connection with human rights. In a context of the spiritual bases of legal culture of the subject of the status public law it is necessary to tell about this party of a question a little bit more in detail.

Human rights which act as a basis of the reasonable public
System, the maintenance of the civilised right (freedom measure, choice possibility), are the integral component obshchemoralnogo the approach to the person as independent, reasonable and essence equal in rights. Therefore human rights are «in relationship» with the morals approving, that any personal being owing to the unconditional value (in sense moral) has an inalienable law to existence and perfection. All system of human rights gives to the person possibility to use the level of freedom reached in a given society. «The moral principle demands, that people were freely improved, but society existence for this purpose is necessary. Aobshchestvo cannot exist, if any interested person is given to kill and plunder free near» [737].

Both the right, and morals as standard subsystems social reguljativnogo a complex, contain ideas of equality without the management, equal advantage of people, equality of their possibilities and claims. The moral aspect of human rights, thus, consists that «they stimulate creation of such society which would not constrain, and stimulated free development of the person» [738]. Human rights act as one of considerable displays of social evolution which inherits and perceives all positive of legal creativity of mankind, being simultaneously enriched by achievements of culture of concrete society. Concerning a category of cultural wealth of human rights, a category, principles and values of the natural death, the metaphysical beginnings and ethical maksimy represent itself as criterion and a positive law, and the law and order.

Human rights along with a lawful state can be carried to target values. Thereupon, undoubtedly, the rights academician V.S.Nersesjants who approved, that «value of the law and the state consists in their legal effect and sense. The right purpose as due concerning the law and the state can be formulated as follows - the law and the state should be


Legal »[739].

To number of the basic values of human rights as well-known, the most different concern maksimy: (a) advantage of the person [740], t.e.samodostatochnost and value of each person, respect for everyone (violence prohibition), clearing of the person of those conditions of existence which destroy it is moral and physically, insult it; () a principle of legal equality - the requirement of the identical starting possibilities necessary for development of the individual, satisfaction of its various requirements and realisation of interests in a society. The given principle on all extent of history of the state, a policy and the right as «raznomasshtabnyh and not equivalent receptions and means of streamlining of social conflicts» [741] is hardly probable not the most durable and attractive requirement for finding of the world and safety of the individual and


Collectives [742] along with such principles as solidarity, justice idr.; () svobodadkachestve obshchepravovogo a principle is not less attractive and effective. Freedom is presented by two beginnings: possibility of a choice and an autonomy of the human person. Freedom is possibility to operate according to own requirements and interests. Freedom symbolises the actions which are carried out according to individual will and without any compulsion from the outside. The autonomy of the person acts as freedom precondition. It grows out or situation which have objectively developed in a society, or a subjective gain. Human rights are not that other, as a personal freedom measure in a society. They urged to legalise independence and self-determination of each member of community in those frameworks which are established by the concrete law and order. It is simultaneously right
The person urged to limit an arbitrariness of the separate person, to protect a society from those consequences in which result egoism displays.

Freedom principle is supplemented with a principle of solidarity which is based on unity of actions and the co-responsibility of individuals for them. Solidarity is determined by dependence of the person on a social environment and that the separate person cannot reach what it is possible to reach combined efforts. A consequence of it is voluntary putting on by each member of community on itself duties on realisation of the rights of other people, as is a necessary condition of realisation of common rights.

Generalising principle of the right and human rights, it is not simple in average arithmetic size between equality and freedom, and their synthesis, the justice principle acts. It is a criterion of an estimation of essence of the person and those blessings which it should possess as a being possessing advantage. Justice «yields the most important result of legal regulation - the fair form (norm) of the resolution of conflict pravosubektov and« requital to everyone belonging to it by right »[743].

Aksiologichesky influence of norms of the public status right consists in their influence on belief of the person, on its world outlook orientations, installations, feelings and emotions. For this reason the valuable aspect of the public status right is directly connected with information aspect of its action. After all representations about the social values fixed in norms of the status public law, can be transferred simultaneously with the information on public legal statuses to subjects of politiko-legal relations.

On the one hand, principles of the right and human rights represent result of generalisation of universal experience of mutual relations of the person, a society and the state. At the same time, on the other hand, human rights comprise and
New to the Russian political system aksiologicheskie the reference points which are derivative of main principles of the right: the civil consent, political pluralism, a civil liability, readiness for compromises etc. on the basis of values of legal culture of civil type.

It is truly noticed by E.A.Lukashevoj, that the basic value of human rights in whole and the political rights of citizens, in particular, consists that they, recognising as the higher value of the person and its advantage, define limits of the political power, border of its distribution concerning citizens, promote an establishment of the moral control over the power in a society. The historical analysis of political and legal theories allows to track, as the abstract requirement of a moral policy and moral politicians was gradually added with promotion of principles and institutes which should promote a control establishment over the power, exclude the possibilities of abusing connected with restriction of freedom of the person, its rights (separation of powers, mechanism creation «controls and counterbalances», periodic elections etc.) . As the power terminator the institute of human rights which «outline sphere of its freedom in relations with the state, as a society, the fellow citizens acts also, open possibilities of participation in political process, define border of an autonomy, self-determination


Persons, a measure of its individualism and solidarity »[744].

Continuing relksiju about valuable influence of the status public law, it is necessary to note: moral measurement of the relations hanging in political system of a society - and they include area of a public policy - assumes development of a society without social shocks and cataclysms, without human victims, on the basis of constant search of the compromise between various social groups. Given obstojatelstvosohranjaet it is actual for Russia as feature of political system of a society

High degree of a conflictness, low potential of the compromise and the consent are peculiar caused by historical tradition. [745] It is represented, that in the conditions of development of a society, the state in more and more globalized and at the same time multipolar world compromise achievement can be carried out on a basis konstitutsionno recognised moral-political and legal principles.

Thereupon it is indicative, that human rights initially are expression of the public compromise: it is known, chtoformalno freedom of the person (citizen) expressed in the rights comes to an end there where freedom of another begins. Ability of institute of human rights, along with others konsensualnymi institutes, such as the right and the law to form the person in the spirit of morals, judiciousness, and civilisation it is difficult to responsibility to underestimate. These qualities of the person are capable to prevent a conflictness and to provide the reasonable compromise in a society [746]. It is necessary to underline, that the compromise and a consensus in a society it will be possible to reach only under certain conditions and only so far as as subjects of the Policy of Law, political both state elite and their leaders, are able not ignore in the course of working out of political strategy, and take into consideration and reckon with already developed social realities. Subjects of the Policy of Law together and everyone should be movable by aspiration to satisfy basic needs and population expectations, having renounced for the sake of softening of conflicts and elimination of the basic threats in the country a power and property part; to aspire to carry out compromise arrangements and to achieve respect of citizens for the right, for the legal
To establishments. The opinion of experts is classically true: «at the heart of rather positive and perspective processes of civil consolidation real interests and requirements of overcoming of spirit of confrontation lay, aspiration to answer on practice questions to find itself in a civil society, to develop concrete toolkit of a consensus, first of all, tolerance education» [747].

As essential, we believe, it is necessary to allocate and one more moment. Valuable action of the public status right is defined by the ethical maintenance of legal statuses which is shown in a number of aspects. In - the first, realisation of the status public law acts not only as legal, but also a moral duty of agents of the state from the point of view of justice. Especially fastening of human rights and in the national legislation in the form of the catalogue of rights of the citizen means the following: the states recognise not only their moral, but also legal effect. Secondly, integration of the international norms and principles of human rights into the national legislation is not that other as demonstration by the state of the determination to fix in national legal system moral values, to generate on their ideological basis humanitarian law and the real organic law and order.

In a context of the mechanism of action of the right value finds the known thesis in a science that positive effect occurrence, achievement of positive result in the course of regulation of public relations can be promoted by legal stimulus and restrictions which are a priori inherent in the right as to society function. Thereupon truly establishes A.V.Malko: «formulating by means of stimulus of the precondition for the fullest satisfaction of interests of subjects, at the same time constraining by means of restrictions socially harmful behaviour (that also promotes satisfaction of lawful interests), the right acts as the blessing, value» [748].

Taking into consideration told, we will underline, that along with information and valuable action of the status public law, it is necessary to note and other aspects of its influence on a society, separate participants of public relations and subjects. Speech, in particular, goes that isolated in system of the national public law legal statuses 749 carry out also stimulating and restrictive influence.

- public legal statuses, it is necessary to analyze legal stimulus and the restrictions concentrated in institutsionalnyh formations within the limits of information-psychological action of norms of a positive law as both aspects of social action it is right 750 are possible and are carried out through language as sign system of communications [749 [750] between members of the community organised by the state at information level.

Passing to consideration of stimulating influence of public legal statuses, we believe, it is important to pay attention to one basic moment. It is a question that in modern conditions of development of the Russian society and the state, caused by a life practical requirement for carrying out of system reforms (with transition of Russia to multistructure economy, formation of a corresponding infrastructure of a society, development of democratic institutes and traditions, institutsionalizatsiej the most political system of democratic type, etc.), legal stimulation of subjects changes the position in system of legal tools. It "finds" known independence and self-sufficiency in the course of legal regulation, and not just remains
Derivative of the social control over legal behaviour of the person means.

Thereupon the heuristic resource is kept by V.N.Kudryavtsev's position - it vernoutverzhdal, that stimulating influence «is expressed in de jure recognition, maintenance and protection of lawful acts, material and moral encouragement of the acts useful to a society» [751].

Divides such approach and states A.V.Malko's similar judgement. Recognised among scientific community of theorists of the right the expert fairly believes, that «legal stimulus urged to create a mode of preference for development of initiative activity of subjects, their interest in spent reforms» [752].

Proceeding from known position that legal stimulus are means of legal influence for consciousness and mentality of the person for the purpose of strengthening of motivation of lawful behaviour and prompting to the lawful act creating a mode of preference for satisfaction of own interests of the person, it is necessary to allocate stimulating aspect of influence of norms of the status public law. Stimulating influence of these legal complexes on subjects consists that they give to the citizen freedom of choice of various forms of activity in sphere of publicly-imperious relations.

Realisation of stimulating aspect of influence is carried out on - a miscellaneous. First, realisation of public statuses of the citizen is connected with favorable conditions for realisation of own interests of the person. Secondly, fixing special social roles of the person in a society and the state legal statuses inform data on expansion of volume of possibilities for under the form of display of stimulus subjective public laws act. Thirdly, norms of the status public law express positively directed motivation of the person as the subject politikoyo
Imperious relations. Fourthly, they teleologicheski are aimed at the ordered change of public political relations, carry out function of development of social communications. It is represented, what exactly through stimulation strengthening it is possible to raise prestige of the status public law in a society, that inevitably should affect level of its sense of justice and legal culture.

It is possible to assume, that stimulating influence of the status public law consists in involving of citizens in relations of realisation of the power through the necessary information on the rights, freedom of the person (citizen), their ideologically-valuable maintenance, possible and due behaviour of subjects of the public relations, corresponding fundamental etiko-political maksimam, to principles of the right and human rights, and also a social role of the person that will promote in turn to change of quality of a policy of the state.

For effective legal regulation legal stimulus should be combined reasonably with legal restrictions, and for the creator is right important not only to induce subjects to is social-useful behaviour, but also to constrain behaviour antisocial, bearing in itself threats to base social integrity, to cultural identity and, certainly, to the person. «The rights and freedom are not that other, as legal possibilities of the person, and everyone

753 possibility assumes a measure, moderation, harmony »[753].

As contrast in relation to legal stimulation legal restriction - the restraint of illegal act conditioning for satisfaction of interests of countersubjects and public interests in protection and protection acts, thus. It is connected with the state compulsion, threat of deprivation of the subject of values, necessity preterpevanija it of deprivation of personal, property or organizational character. Restrictive influence of the right is connected with application possibility is state-forced measures when persons not
Fulfil the duties assigned to them when there are obstacles in realisation of rights of subjects of politiko-imperious relations.

The legal nature of restrictions in A.V.Malko's researches which establishes is precisely reflected: «legal restrictions put actions of the individual in certain frameworks, narrow their possibilities to legally and is social-demanded condition» [754]. Compulsory influence is carried out by means of interdictions (categorical requirements of the law to refrain from undesirable or socially dangerous acts) and duties of subjects. Legal interdictions have for an object not to admit known behaviour, to force to refrain from it under the threat of application of various measures of legal responsibility. Restrictive influence of the right consists, thus, in delimitation of such activity of subjects.

In a context of action of the status public law to a limit problematiziruetsja a question on cultural (legal) nihilism - it in the last vremjarasshirjaetsja because of traditions (sistemotsentrizm) a local Russian civilisation. The given is social-right phenomenon calls into question into so-called values "alien" to Russians. By the way, alien they admit on the ground that ostensibly enter antagonistic contradictions with primordially Russian type of relations in public space and are capable to deprive the Russian society and the state of their national specificity. netrebuetsja, it appears, any additional intellectual efforts to see the obvious. The matter is that the similar cultural-valuable nihilism as display of legal anticulture "deprives" the Russian society raznonapravlennogo reguljativnogo action of is standard-valuable complex of the status public law and at level a policy of system of a society, and at level of its separate representative -
The citizen of the state.

In the conditions of domination and constant reproduction in sotsialnoyopoliticheskom space of legal nihilism very sad prospect of social development is easily looked through, unfortunately: it consists in in replacement of the right of area of social regulation, in its substitution by an arbitrariness of the authorities prederzhashchih in the widest value of this word, in depreciation not only legal, but also ethical imperatives. And as consequence: an establishment of atmosphere of chaos and lawlessness.

From the position which have developed in the Russian public space the official power should search for an exit, first of all. Overcoming of legal nihilism not only among citizens, but also among the corrupted officials which have receded from values of legality and the law and order should become a subject of its care. From this point of view the problem of formation of legal culture of citizens as subjects of the public status in the Russian society and the state has got now directly practical value as introduction and advancement of legal reforms [755], realisation of necessary updating of a society are hardly probable possible without legal culture of the government. The last assumes also legal culture of the separate civil servant as the subject of the status public law.

Existing opinions, positions and judgements of researchers of various directions of jurisprudence (A.V.Pikulkin [756], A.F.Cherdantsev, I.R.Gimaev [757], A.A.Yeliseyev [758], I.L.Chestnov [759], G.V.Maltsev, etc.) 760 convince of a recognition
The practical importance of legal culture of the public service, each separate civil servant, the subject of the status public law as substantsionalnoj government bases.

Does not come under to doubt, that the most dynamical element providing manufacture, development, translation and functioning of politiko-legal culture of a society (norms, institutes among which the leading, dominating place occupies the state, and values), is publichnoyopravovaja activity of the citizen of the state and a member of a civil society. Such lawful activity of the subject is caused by a high level of development of individual consciousness, is in special "relations" with politiko-legal culture of a society as a whole. These relations more precisely also are full described at analogy use «paradox of a circle». The vigorous activity of the individual subject of the public relations, directed on realisation of the office status, is a condition and simultaneously means of formation of politiko-legal culture of a society. In this quality it represents a cut, a segment of the general culture - it, on the one hand, is connected with institutsionalnoj society structure, sphere of social management, public authority realisation. And with another - with sphere legal where there is a regulation the power-relations.

Even at superficial, a passing on the offered design becomes obvious: certificates of its lawful behaviour become unique objective criterion of legal culture of the subject of the public status. It is represented, what exactly in the given direction, in a direction of formation of the steady positive relation to the right and to its humanistic potential organically included in sphere of individual values and preferences and energetically filled strong-willed component, it is necessary to search for answers to the states, the rights, religions. Culture as a context of understanding and interaction of the state, the right, religion. Materials of the International scientific-theoretical conference. SPb.: SPbGUP, 2009. С.112.

759 Mechanism of the state: classical and postclassical paradigms / under the editorship of prof. S.A.Sidorov, prof. I.L.Chestnova. SPb.: Publishing house RGPU of A.I.Herzen, 2008. С.10.

760 Maltsev G.V.Bjurokratija as a legal and moral problem. M: RAGS, 2009. С.16.
Numerous questions in sphere of increase of individual legal culture of the subject of the status public law.

Accepting vovnimanieizozhzhyonnoe we will note the basic problems of formation of legal culture of subjects of the status public law

Within the limits of the realised analysis were boldly allocated its directions two interconnected and determining each other. It is essential to an all-round and adequate estimation of legal culture of the subject of the status public law and its public activity, in - the first, kontekstualnost and conditionality a macrostructure condition. Speech idetob to a special zone in a cultural continuum of Russia - it can artikulirovanno be allocated and recognised among other segments thanks to the ideological bases of the right adequate to them and simultaneously specifically to original ways and means of expression of the right outside.

The legal culture of the individual subject of the status public law of Russia is objectively caused by uniqueness and specificity publichnoyopravovogo a segment of the Russian culture. The Politiko-legal culture predetermines institutsionalnye conditions, and also ethnic, religious and other features of sights, installations, the valuable orientations forming the abstract person (type of the person) as a member of a society and the citizen of the state.

Simply therefore to notice, that the politiko-legal culture of Russia poddannicheskogo type (derzhavnost, a conflictness, low potential of the compromise and the consent on the basis of values of the right and human rights) "has created" that type of the individual subject which is adequate to it and is capable by means of to broadcast spiritually-practical activities base values of the given type of a local civilisation and, thus, to support cultural identity of Russia in historical prospect.

It is necessary to recognise, that the true reasons of negative processes and the phenomena in political system of a modern Russian society and
The states are located in sphere of public consciousness [760]. Its maintenance and a condition is measured and estimated by difficult dialectic communications with consciousness of subjects of the status public law causing and public activity of citizens [761].

However experts testify, referring on given sociological researches, that «Russia is in a difficult transitive condition. The country has left both from rigidly authoritative mode, and from chaos of 90th years, but for the present could not construct rather effective democratic institutes» [762]. To be convinced of the validity told it is possible on an example of the relation to elections which are, according to the experts, a defining indicator


Integration of values of the right and human rights into structure of sense of justice [763].

It is necessary to told to make some additions. Data of sociological researches allow obosnovanno to approve, that state legitimation in Russia (its recognition, trust to the state, shown at level of sense of justice of broad masses of citizens) is still problematic. The number of citizens which trust the government, constitutes only the fifth part of the population, that, in turn, eloquently testifies that the state and a civil society - its social basis, still "are terribly far" from each other. And the state elite yet in a condition to generate and offer a society the agenda adequate to problems of its modern development with the account globalizatsionnyh of realities.

As obosnovanno it is possible to establish, that the basic legal designs which are fixed in the Constitution and the status legislation of the Russian Federation and which, undoubtedly, reflect liberal model of the state and
Political system of a society of conventional type, are not mastered by sense of justice of the majority of citizens of the Russian Federation. According to data of regular polls, moods of Russians are stable enough from the middle of 1990th years. 50-60 % of the population support the strong power, 15-20 % - for liberal values, the others fluctuate.

We believe, that with deep arguments it is possible to establish the following. The Russian society not simply inherits system developed historically in process of a civilisation of the Russian type and the settled public relations forming in the set and synthesis "code" of the Russian political power and the state, but arhaiziruet political system, the basic actor of a public policy - the state and its role in the decision of social problems.

It is thought, that time kontseptualizirovat legal culture of the citizen as subject of the status public law in a context of culture - of an innovation has come. It is known, that the culture-innovation unlike culture-heritage represents the newly founded cultural layer and depending on circumstances can carry out not only replacement and replacement functions, but also, that is especially important, functions of preservation and preumnozhenija thanks to which creation new [764] is possible. Comprehension of this aspect of a problem important so far as as the legal culture of the citizen capable to innovations, constitutes the necessary personal precondition of the one who possesses the additional office status, the special public legal personality, i.e. the subject of the status public law.

The innovative segment of legal individual legal culture, problem of perfection and development of the subject of the status public law should be comprehended and can be solved taking into account interstate requirements (updating of all spheres of a society and the state) and achievements of a human civilisation - they are saved up at previous stages politikoyo
Legal development, but should be kept, increased greatly and developed in in planetary community of the people and the states., In particular, it is necessary to carry technology of formation of the lawful state which major component is the constitutionalism [765] to that.

Successes of the Russian society at the modern stage of social development showing increase of vital strategy non-standard and differing in the cultural relation of the countries and the people, in the conditions which have generated comprehension of necessity modernizatsionnyh of breaks [766], the decision of the most topical questions and interstate (the mass legal anticulture), and the international plan (global problems of the present), as a whole are put in dependence on ability of participants of forthcoming transformations to keep legal achievements of the past and to enrich their new, more developed (historically with more progressive) norms, institutes and values.

To reach strategic targets of development of Russia, the cardinal changes caused by necessity, probably, as well-known, by means of the consecutive decision of tactical problems. It is necessary to carry to number of most topical of them what will help to overcome the most odious displays of typical characteristics of the abstract person generated in historical conditions of the Russian type of a civilisation. These are problems of formation of the person of the citizen on the basis of respect of its individuality as similarity antipode, «unnatural for all live, especially for human community» [767]; revival of spirituality of the person (a recognition of natural deaths and duties); rationalisation of the legal
Consciousnesses of the citizen and active development of mankind achievements by it in area


The legal culture, integrated into national experience [768].

Formation of the citizen possessing high level of knowledge of legal statuses, designed by the legislator on the basis of values of the human rights counterbalanced by values of the legal, democratic, social state is represented, that, will help to minimise extreme measures poddannicheskogo type of politiko-legal culture of the Russian society generated by it of type of the abstract citizen. The low level of legal culture based on paternalistsko-infantile sense of justice with not extremely developed individual qualities of the person, podpityvaet mass legal nihilism in practice. The nihilism-historical tradition and mass legal anticulture of Russia - is based on negation aksiologicheskih the bases of the status public law that is the extremely adverse for formation of subjects of public statuses - basic citizens and responsible civil servants before the people. Denying values of the right the legal nihilism creates absolute obstacles information, stimulating and, that is especially important, to restrictive action of the status public law, creating, thus, a most favoured nation treatment for an arbitrariness of officials of all levels and abusings.


The legal culture of the subject status polichnogo the rights is staticized in a context more the general problem of ontologic property: action and results of action of the status public law that is a result its effective "work" in a society. Thus the mechanism of action of the status public law is investigated in dynamics (as process) which is provided with subjects thanking them vitalnoj energy.

Research of legal culture of the subject status polichnogo the rights with
Use of a resource of the active approach in global cultural science has allowed antropologizirovat to (personify) abstract subjects of the public status. It is important for the decision existing in real practice the contradiction: in the law and order the system of statuses of the citizen is determined objectively by specificity cultural-historical development a society and institute of is social-significant functions of the citizen of the state formed by it and a member of a civil society; simultaneously real law and order is put in dependence on the difficult mechanism of self-control of each separate owner of the public status, on level of its general and legal culture, functional sufficiency of sense of justice (a condition of legal ideology and psychology), and also influences from those components of a subjective reality of the person of the citizen which remain out of its individual reflexion.

The analysis of the status public law through a prism dejatelnostnogo understanding of culture allows njuansirovat representations about citizens, especially about those from them which possess kompetentnostym the status, at the expense of such characteristics as quality of the person, its intellectuality, abilities to build in a personal picture of the world in a picture of the world which is set by a legal order as the moment of culture of a society, ability to comprehend the experience expressed in cultural codes, carefully to address with collective memory, to design new - i.e. to be the subject of culture of an innovation that is a necessary condition of self-reproduction of culture.

Resource dejatelnostnogo the approach to understanding of essence of culture problematiziruet a theme of quality of the right education, legal education and legal education of citizens - a necessary basis for constant intellectual pressure in sphere personal and, as consequence, public legal culture. It is necessary to carry out a constant reflexion in sphere of public legal relations: institutes, procedures, values and senses. Differently, constant intellectual pressure is necessary be able become the subject of culture-innovation.

Recognising the importance traditsionalizma for development of the Russian society, simultaneously it is necessary to recognise: it becomes the negative phenomenon if stirs to transformations and development in the spirit of time calls: domination politiko-legal the tradition generates notorious unproductiveness of "warps" towards a cult of the government and municipal values in public practice of Russia. Especial alarm in a context stated that fact, that above causes 85 % of citizens (T.V.Chernigov)

Exist out of a reflexion in sphere of the daily occurrence and especially in sphere public an expert. In the practical plan is arhislozhnaja a problem which decision is not included, unfortunately, into number priority today, at least, for the state.

Necessity adequately to answer "calls" internal and an environment "puts forward" on the advanced positions, both in practical, and in the theoretical plan of the individual subject of the status public law and publichnoyopravovoj activity. The subject of the status public law - the basic actor who results in a working condition elements of the mechanism of action of the right - the citizen possessing developed politiko-legal consciousness, creative culture of thinking, civilisation accepts active participation in organisation public and state affairs, in the decision of the public and state problems staticized by the modern moment of history.

The legal culture of the subject of the status public right - kulturosozidajushchegosubekta in the Russian society and the state has got now directly practical value. As the subject of the public status and public relations is capable to stimulate in a direction of legal development to political system of a society and the state. And maintenance of viability of structures of a formed civil society and the legal, democratic and social state are put in dependence on creative abilities and quality of the subject not only kompetentsionnoj, but also kreativnostnoj (culture-innovation) of culture of thinking.

Individual legal culture and generated by it public
Activity of the subject of the status public law assumes preservation tsivilizatsionnyh features and specific cultural values of the Russian civilisation, its politiko-legal segment (idea of the strong state, fair and devoted service to it and the people, etc.). And on the other hand, thanks to mechanisms legal akkulturatsiipravosozananija, the citizen acts as the subject of culture-innovation. Certificates of public activity causes dynamics of political system of a society and the state (its functional sufficiency) on the basis of the humanistic ideas re-mastered and approved by real practice and legal values: equality, freedom, justice, advantage, etc.

Ability to a reflexion and rationality, criticality and realistic perception of the validity, aversion of a paternalism, the initiative and responsibility, dynamics and mobility, kreativnost thinking become the most valuable qualities of the subject at realisation of the polichnogo the status independence in affairs and independence in sights. To cultivate these qualities in subjects of public statuses - a strategic problem of the government in Russia. The subject of the status public law becomes a base resource of development of political system of the Russian society and the legal democratic state in a direction institutsionalnoj adequacy according to declared item 2 of the Constitution. As the subject of the public status mastered values of the right and human rights and advancing them in practice of public relations at performance of the functions, acts as pledge of the future positive changes. Advantage of the citizen is directly embodied in pragmatical values of a society and the state, becomes a condition of their development, getting liquidity literally words.

Formation of legal culture and public activity of the subject of the status public law as the state problem, certainly, is extreme energozatratna and consequently is stubborn. And its decision assumes concentration of all resources of a society and available in it
The order of mechanisms of politiko-legal socialisation of the person (education, formation, voting, in party building, etc.).

Formation of legal culture and public activity of the subject of the status public law as the state problem demands the certain time necessary for change institutsionalnoj of environment, system of values and traditional regulators which generate notorious unproductiveness of "warps" towards a cult of the government and municipal values in public practice of Russia.

Formation of legal culture of the subject is promoted by action of the most status public law: information, valuable, stimulating and restrictive. And, simultaneously, active familiarising of the subject with values of the right and human rights that promotes formation of legal culture of civil type. The legal culture of such type is supported thanks to civilisation of the person of the citizen.

Civilisation represents a condition of the subject of the status public law at realisation of the public status by means of certificates publichnoyopravovoj the activity, made under the influence of legal motives which are generated in the course of legal socialisation of the person of the citizen, at its active participation on the basis of values of the right and human rights in public sphere and strengthened by a considerable ethical element.

Development of a society and the state in a direction of the constitutional ideal assumes also presence of the adequate mechanism of "reproduction" of such human capital. Introduction of such mechanisms also demands an openness, dialogue with citizens - the basic consumers of services of the government, the account in social strategy and tactics, both their objective interests, and value judgment of social justice of undertaken measures.

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A source: KRUPENJA ELENA MIHAJLOVNA. the STATUS PUBLIC LAW AS COMPLEX INSTITUTE In LEGAL SYSTEM. The dissertation on competition of a scientific degree of the doctor of juridical science. Kursk - 2019. 2019

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