дети
The child and the Constitution of Russia: Conversations about important issues |
Introduction. The presumption of knowledge of the law and laws of the state assumes that every citizen knows the necessary amount of legal information sufficient to fulfill the basic obligation to comply with the Constitution and laws of the Russian Federation. Accordingly, the study of the Constitution of the Russian Federation and basic laws is mandatory and should be integrated into educational programs at all levels. Special attention should be paid to the constitutional and legal education of children, because at this age the model of behavior, which a person will follow in the future, is laid. Theoretical analysis. The study of the Constitution of Russia in childhood and adolescence is based on the concept of meta-law, which asserts the unity of law, religion, philosophy, science, and art. In the educational paradigm of meta-law, the Constitution is perceived through spiritual and moral values, ethical, moral attitudes, confirming by legal authority the correctness of the ideas about what is due that the child has learned. The initial stage of studying the Basic Law of the country may coincide with the child’s study of the alphabet, when individual letters of the alphabet will be fixed in the child’s memory by the example of categories of constitutional law that are accessible to understanding. It is fruitful to address the content of the Constitution of Russia through the prism of elementary plots of folk tales reflecting the archetypes of popular consciousness. Through the fairy tale, the child is introduced to the national worldview, learns to recognize himself or herself as part of the multinational people of the Russian Federation, who embodied their political will in the Basic Law of the country. Folk art expresses an ideal presented in an artistic form. The Constitution legally formalizes the people’s idea. That is why legal folklore studies should be integrated into educational programs in literature, social studies, and jurisprudence. Works of children’s fiction devoted to the Basic Law of the country are the most correct form for the perception of the text of the Constitution by children aged six to eight. Serious discussions about the Constitution of Russia, the history of the constitutional idea in our country, political power and constitutional practice of the state should take place at high school age. The choice of a form of submission of constitutional and legal information is determined by mental generational characteristics of children in accordance with the information environment in which their formation and development took place. Results. The authors conclude that the theory of the Constitution should be integrated into the program of basic general education and offer the fundamentals of a specialized pedagogical strategy for studying the Constitution by children. The methodology of studying the Constitution by children determines the identity of the legal system of Russia, where moral norms, ethics, morality, culture are the co-regulators of law. The format of educational practices depends on the stages of growing up, socialization and individualization of the child. |
Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 2 |
Constitutional Obligation of Parents to Take Care of Children in the Russian Federation: Concept and Characteristics |
The article focuses on a constitutional obligation of parents to take care of their children in the Russian Federation. This issue has not yet been thoroughly studied in the Russian constitutional law science despite vital importance of its key issues: child upbringing, financial support, education, health care, etc. The author gives definition of the given constitutional obligation and describes its characteristics. The author dwells on the concept and characteristics of this constitutional obligation. |
Известия Саратовского университета. Новая серия. Серия «Экономика. Управление. Право», 2011, Т. 11, вып. 1 |
Child’s Rights on Family Care |
The family institution is a complex social phenomenon, which experienced the terminological and structural transformation. In modern society the requirements increase to the quality of childcare and parents are imposed more obligations towards them. The right of the child on family care is an essential right of the child because the family care plays an important role in the physical and emotional development of children. The state should support and strengthen the family, create conditions for a child’s upbringing in the family, and promote family values. Theoretical analysis. In the article the family care is viewed from different perspectives; also a deep analysis of its legal interpretation is made. In addition to that, the constitutional provisions and rules of family law, as well as a new law «On Education in the Russian Federation», which is based on the principles of family care are interpreted. The right of the child on family care is represented as a complex subjective right, including authority to know their parents and live with them, the right to be cared by biological parents, the right on health and physical development, the right on financial support and well-being. Results. The result of the article is a proposal to improve the legislation of the Russian Federation on the issue of childcare in the following areas: the public control over the rights of children to live and grow up in a family; the adoption of the law on prevention from child abuse and neglect; the priority of family care for orphans and children left without parental care; the adoption of a new federal law on the rights of the child and bringing them into line with the current federal and regional Russian legislation. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 3(2) |
Problems of Legal Regulation of Additional Guarantees for Children with Special Legal Status (Study into the Mechanism for Providing Housing for Orphans and Children Left Without Parental Care) |
Introduction. International legal standards of the rights of the child bind states at the domestic level to ensure that all rights of the child are respected for the purposes of their physical, mental, spiritual, moral and social development. Orphans and children without parental care are also endowed with special rights designed to promote the best interests of the child. Theoretical analysis. The current Russian legislation sets forth additional guarantees included in the content of the legal status of children in need of special attention. These include the right to education, the right to medical care, the right to property and housing, the right to work, and the right to judicial protection. Empirical analysis. The right to housing, guaranteed by the Constitution of the Russian Federation, is realized through a single provision by the executive authority of a constituent entity of the Russian Federation of a well-furnished specialized housing stock under a contract for the rental of specialized residential premises. At present, both judicial practice and the activities of law enforcement agencies emphasize the relevance of the issue under study, due to the presence of significant gaps in the current legislation that impede the implementation of the housing guarantee in full. Results. The main reason for the state’s failure to fulfill the obligation to provide housing for orphans and children without parental care, as exemplified by Saratov Region, is the lack of adequate funding that requires a fundamental reform in the field under study: assignment of authority to provide housing for orphans and children without parental care to the competence of the Russian Federation. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 4 |
ВОПРОСЫ СОЦИАЛЬНОГО ОБЕСПЕЧЕНИЯ МУЖЧИН В СФЕРЕ СЕМЕЙНЫХ ОТНОШЕНИЙ В РЕШЕНИЯХ КОНСТИТУЦИОННОГО СУДА РОССИЙСКОЙ ФЕДЕРАЦИИ И ЕВРОПЕЙСКОГО СУДА ПО ПРАВАМ ЧЕЛОВЕКА |
Введение. Статья посвящена исследованию практики Консти- туционного суда Российской Федерации и Европейского суда по правам человека по вопросу реализации мужчинами их социаль- ных прав наравне с женщинами. Обсуждение. Автор в резуль- тате исследования практики Конституционного суда Российской Федерации и Европейского суда по правам человека делает ак- цент на позиции относительно допустимости и недопустимости дифференциации, приводящей к различиям в социальных правах мужчин и женщин. Заключение. В результате анализа право- применительной практики автор приходит к выводу, что интересы детей должны ставиться во главу решения вопросов предостав- ления социальных льгот и гарантий мужчинам и женщинам. Необ- ходимы выявление и последующее устранение позитивной дис- криминации, если последняя не обусловлена объективными целями. Мужчинам в России не всегда предоставляется защита в реализации своих социальных прав со стороны конституционного правосудия, даже если это касается интересов детей. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2017. Т. 17, вып. 1 |