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62PROBLEMS REGARDING THE INCREASE OF LEGAL CONSCIOUSNESS IN RUSSIA
Sergey Nosov
Doctor of Legal Sciences, Professor,
Faculty of Theory and History of Law Peoples' Friendship University of Russia
Abstract: This article examines the concept and the essence of nihilism as a social phenomenon. It considers the causes and factors contributing to its spread in our country and the forms in which it is manifested. The article discusses ways to overcome legal nihilism.
Keywords: nihilism, legal nihilism, sense of justice, spirituality, morality, bases of society, anti-legal guidelines, corruption manifestations.
The idea of the rule of law is not feasible without overcoming legal incivility and the low levels of a sense of justice. Therefore, the problems of expanding a sense of justice and overcoming the legal nihilism that has existed in our country for many decades are extremely relevant
Is legal nihilism a purely Russian phenomenon? Of course it is not. It exists in other states as well. However, the extent to which it has spread and the forms in which it is manifested vary in different countries In our country, this phenomenon has a broad scope and its existence is supported by a wide variety of evidence In the modern period, in which the course for establishing a legal and democratic state has been constitutionally defined, rights are becoming more popular in society, while the problems associated with legal nihilism and the means to overcome it are becoming much more noticeable and painful than was the case when rights were disregarded
Despite the considerable number of scientific works dedicated to the development of the nature of the problem of legal nihilism, research addressing the essence of the phenomenon and the forms in which it is manifested remain very relevant
The relevance of research also is supported by the extreme persistence of the phenomenon in the public consciousness Legal nihilism routinely causes existing legislation to be universally ignored, violated and not executed, inflicting serious harm on constitutional
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Law and Modern States № 3 — 2013
legality and the rule of law Legal nihilism affects the most vulnerable sectors and is associated with the consciousness, i e , the psychology of people Hence, it is difficult to overcome
It should be noted that positive changes are occurring in the public consciousness, albeit slowly. When comparing Russian society in the early 90s of the twentieth century with that of the present, it is obvious that the people's legal consciousness has changed not only in its form but in its content as well . Citizens are more active in using legal mechanisms for the protection of their rights, freedoms and interests However, the general level of legal awareness in our country continues to remain low
Nihilism has many faces and is manifested in a variety of forms . To understand the essence of legal nihilism, a grasp of its nature as a social phenomenon is necessary. The term “nihilism” comes from the Latin nihil, or nothing, which means not anything . Nihilism has many shades and features; depending on the sphere in which it is manifested, it can be moral, political, religious, etc
Negation is distinguished as the common feature of all of the manifestations of nihilism and frequently, it is perceived as a negative and destructive phenomenon . There are many examples of how nihilism takes extreme and destructive forms However, sometimes legal nihilism shows itself to be a positive factor, although this is an exception to the general rule Legal nihilism occurs in a positive context when it responds to totalitarian, antidemocratic regimes and the arbitrariness of authorities that violate the rights and freedoms of citizens In the words of J. J. Rousseau, a “despot cannot complain about violence dethroning him.” Admittedly, nihilism loses its negative meaning when it becomes an objective denial of reactionary conservatism Throughout history, including the history of our country, there are quite a few examples of this . 1 In general, however, nihilism, in its traditional sense, is a negative and socially harmful phenomenon
A sign of nihilism is not an object, but a degree of negation that is categorical and uncompromising in its intensity and that is reflected in the predominance of subjectivity, beginning with hypertrophic doubts regarding known values and principles . Moreover, a nihilist chooses actions that border on anti-social behaviour and represent a violation of moral and legal norms In addition, the “absence of any positive program or, at least, the presence of one that is abstract and amorphous, is characteristic of nihilism”. 2
1 Kara-MirzaS. Intelligentsija na pepelische Rossii [Intellectuals on the Ashes of Russia], M., 1997. P. 162
2 Vide: Novikov A. I. Nihilism i nihilisty [Nihilism and Nihilists], M. , 1972. P. 14.
Social nihilism took root in our country long ago and has manifested itself in distinct ways in different historical eras Our own experience shows that, in periods of instability, it can manifest itself with great destructive force . At the end of the 20th century, it “bloomed” on the waves of the “general negativism” that captured the country when so much was reconsidered, rejected and denied Despite the fact that the extremes of social nihilism, at a great cost and loss, have been overcome, the forms in which it is manifested continue to be extremely varied (ranging from discontent with general political policies in the country to a hostile attitude towards government institutions and power structures in general) . Unfortunately, public opinion has become much less sensitive to violations of legal and moral norms
History testifies that the occurrence of social nihilism is a potential threat in a society of contradictions and social conflicts and that overcoming it is a major problem in any democratic and social state One form of social nihilism is legal nihilism, which is in essence pessimistic and negative and is manifested by a disrespectful attitude toward the right
Unlawful guidelines and stereotypes are quite often considered to be an element, feature, or property of the public consciousness and national psychology of the Russian society The prevalence of legal nihilism for many decades (or even centuries) has given rise to a belief in the uselessness of the right in Russian society
According to many scientists, the high level of legal nihilism present in Russian society is largely a consequence of the historical heritage that is associated with the specific nature of state power, the lack of development of a legal culture and the national mentality As noted in the special literature, the concept of law is most often associated with a monarch as the head of the state It is something that comes from “above” or from “higher-ups”, i . e. , the right . 3
Unfortunately, modern Russia has not eliminated these vices Legal nihilism is fuelled extensively by realities such as the cynical populism of individuals in power as well as ambitious, vain and incompetent officials
Forms of legal nihilism include:
— apparent disregard for laws and other regulatory legal acts (e . g. , crimes, deliberate offences);
— manifestations of corruption;
3 Obschaja teorija gosudarstva i prava. Akademicheskij kurs [General Theory of State and Law. Academic Course]. — In 3 vols // Ed. M. N.Marchenko. M, 2001. Vol. 3. P. 328—334.
Law and Modern States № 3 — 2013
Law and Modern States № 3 — 2013
— failure to fulfill legal requirements (e . g. , mass violations of traffic rules, etc .),4
— selective application of laws .
The more we declare that a democratic and social state has been formed, the more sensitive and painful these problems are
There is no need to say that corruption is an acute problem to overcome Apparently, the fight against corruption cannot be conducted in a way that treats it as “pardonable,” as we quite often see in practice Rather, tougher and more decisive measures should be taken, given the extremely common and pervasive nature of the phenomenon. Excessive delicacy and indecision is more likely to be harmful than to indicate that serious work is being done to address it Often Russian citizens seriously and legitimately criticise authorities and law enforcement agencies for their inconsistency and indecision, but are not always principled themselves and sometimes display the same tendencies
Can we overcome the legal nihilism in our country? Or it has become so ingrained in Russian tradition that no means of fighting it appear to be effective?
The prevalence and deep historical roots of nihilism, the lack of development of a legal culture and the widespread propaganda of the anti-right in the form of brochures, books and publications which educate the reader regarding methods to bypass the law and to find loopholes in it, do not provide grounds for optimism or hope that serious progress will be made to overcome the phenomenon
At the same time, it should be noted the exceptional complexity of this work is explained by the need to influence the conscious will and psychology underlying human activity It is also explained by the stream of negativity which influences people's minds and by inability of legal education and the dissemination of effective legal advocacy to actively oppose the impact of this stream Most importantly, it fails to provide a major part of the population with a perception of legal ideas and a legal culture
In the absence of the formation of deliberate and decisive guidelines to create a positive perception of the law, it is useless to discuss growth in the citizens' sense of justice as a prerequisite for overcoming legal nihilism It requires a range of well-designed and targeted organisational, ideological and educational measures and an extended period to implement them Rapid results are an unachievable goal
4 According to statistics, about 300,000 people are killed on the roads of Russia per year and the main reason for this is the non-observance of traffic rules by drivers and pedestrians 26
Another equally important part of this task is the implementation of a sound regulatory system for state institutions and for society as well as the adherence to and application of laws and other regulatory legal acts
These two components should be addressed synchronously It is impossible to ensure the universal adherence to existing legislation by all citizens without a high level of awareness that can be achieved only if all those who carry out the law perceive the ideas and postulates underlying those rights
Also, it is impossible to create high quality legal rules and efficient enforcement practices without the proper levels of legal thinking, respect for the law and the presence of an attitude viewing it as having social value
All civil society, together with government institutions, should actively address the problem of legal nihilism in our country Only then will it be possible to achieve results
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