Constitutional rights and duties of youth: problems of implementation in Modern Russia

Dzodzikov Zelim Uruzmagovich Postgraduate of the Department of Pedagogical Education, North Ossetian State University. K.L. Khetagurova; Graduate student of the Department of Public Law and Authorities of the North Caucasus Mining and Metallurgical Institute (GTU) 362025, Russia, RSO-Alania region, Vladikavkaz, Vatutina str., 44 dzodzikov90@mail.ru Other publications by this author

Introduction

The problem of the realization of the constitutional rights and duties of the younger generation in modern Russia is a very relevant and at the same time complex area of scientific analysis. There is no doubt that the youth, representing a special socio–demographic group that plays a key role in the reproduction of the social structure and ensuring the continuity of cultural patterns, largely determines not only the present, but also the future of Russian society and the state.

However, at present, it can be stated that there are a number of problems that complicate and limit the opportunities of young citizens to implement the set of rights and freedoms provided for by the Constitution of the Russian Federation, which, in turn, is a serious obstacle to the formation of young people as a full-fledged subject of the political, economic and socio-cultural development of the country.

The objective factors determining these problems include, first of all, the socio–economic difficulties of the transformational period in the modern history of Russia, which caused a high level of social inequality and property polarization of the population, which had a particularly negative impact on socially vulnerable groups such as young people. In addition, an important role was played by insufficient budgetary financing of state programs in the field of youth policy implementation, as well as the presence of certain gaps in the regulatory and legal regulation of relevant relations.

At the same time, it would be wrong to place all responsibility solely on the state, since subjective factors also have a significant impact, first of all, it is insufficient social activity and initiative of a significant part of young people, their legal nihilism and dependency, social passivity and disbelief in the possibility of positive changes. Overcoming these negative trends seems to be a key task not only of state authorities, but also of civil society institutions designed to create conditions for the disclosure of the creative potential of young people and their self–realization for socially useful purposes.

The purpose of the study

This work aims to conduct a comprehensive analysis of the problems of the implementation of constitutional rights and freedoms of Russian youth in modern socio–political and socio–economic conditions.

Achieving this goal involves solving the following specific tasks:

– identification of the main factors that have a negative impact on the implementation of the constitutional rights of the younger generation of Russians;

– identification of the most problematic areas and areas in the field under consideration;

– analysis of socio–economic and political–legal causes and conditions that give rise to these problems;

– development of scientifically based recommendations aimed at improving the mechanisms for ensuring the constitutional rights and freedoms of young people.

Relevance and novelty of the study

The realization of the constitutional status of Russian youth in the conditions of 2023 is becoming particularly relevant, scientific novelty and scientific and practical significance due to a number of objective factors.

Firstly, in the context of the current geopolitical situation characterized by a special military operation in Ukraine and the introduction of anti–Russian sanctions, the risks of restricting the socio-economic rights of the younger generation are significantly increasing.

Secondly, in the process of geopolitical confrontation, some foreign states create conditions for destructive informational influence.

Thirdly, the role of patriotic education of the younger generation, the formation of readiness to defend the national interests of the country is increasing.

Fourth, there are risks of attempts to use the younger generation in destructive protest actions.

In addition, the relevance of the research goal is due to the fact that young citizens represent a special socio–demographic group, on which the future of Russian society and the state largely depends. Ensuring the constitutional rights of this category of the population is of strategic importance for the sustainable and progressive development of the country. At the same time, the realization of the legal status of young people faces a number of serious problems, which necessitates their scientific understanding and the search for practical solutions.

Objects of research

The object of the study is youth as a special social group in the system of modern social relations in Russia.

The subject of the study is the problems arising in the process of implementing the constitutional status of Russian youth, the factors determining these problems, as well as ways and mechanisms of optimizing the sphere of public relations under consideration.

Literature review

The problems of the realization of the constitutional rights and duties of Russian youth are actively discussed in the modern legal literature.

V.Y. Sergeev in the article "Constitutional goals and limits of the permissibility of restrictions on human rights and freedoms in a democratic state" analyzes the permissibility of restrictions on rights and freedoms depending on the conditions of the functioning of the state and law. It is concluded that in ordinary and extraordinary conditions, legal restrictions pursue different goals and have different limits ^[1].

A.K. Sisakian in his work "Constitutional transformations of the system of public power and their impact on the formation of a positive constitutional legal consciousness" focuses on the impact of the 2020 reform on the optimization of the system of power and legal education of citizens ^[2].

S.A. Kostin, A.A. Tyrtyshny and K.G. Kass in the article "Modern approaches to legal education of youth in the Russian Federation: experience in the implementation of project technologies" analyze the effectiveness of project technologies of legal education of youth. The success of the introduction of such technologies in the regions is emphasized ^[3].

A.S. Dotsenko in his work "On the concept of legal education", based on the analysis of the literature, defines the distinctive features of legal education and the correlation of this phenomenon with other legal categories ^[4].

The work "Human rights as a priority topic of European youth policy" analyzes the system of human rights protection in Europe, including the European Convention on Human Rights, the European Social Charter and other documents of the Council of Europe. The importance of prioritizing the topic of human rights in working with young people is emphasized ^[5].

B. Mathews' article "The ability of adolescents to consent to participate in research: a review and analysis from the point of view of law, human rights, ethics and development science" examines the ethical issues of adolescent participation in research. Attention is focused on the need to comply with the principles of autonomy, justice and protection of the well-being of participants ^[6].

In the work of P. Severo et al . A bibliometric analysis of human rights studies indexed in the Web of Science database for 1990-2020 is carried out. The main topics and trends in the development of this subject area are identified, including the growing interest in health issues ^[7].

Thus, the scientific literature traces the relationship between the problems of the realization of the constitutional rights of young people and the issues of their legal education and upbringing, raises questions about the importance of the topic of human rights for working with young people.

Materials and methodology (methodology) of research

In the course of the research, both general scientific and special methods of cognition were used.

Of the general scientific methods used:

– analysis and synthesis – in identifying individual factors affecting the realization of the rights of youth, and determining their cumulative impact;

– induction and deduction – in the derivation of particular patterns based on the analysis of factual material and the formulation of recommendations;

– system approach – consideration of youth as an integral system in connection with other elements of society;

– comparison – comparison of the legal status of youth in Russia and foreign countries.

Of the special methods were used:

– formal–legal – analysis of the norms of constitutional law governing the rights of youth;

– statistical – processing of data on the socio–economic situation of young people;

– sociological – the use of data from sociological surveys on the implementation of the rights of young people.

Actual novelty and research results

Problems of ensuring socio–economic rights of young people

The problems of ensuring the socio–economic rights of young people in modern Russia represent an extremely important and at the same time complex area of scientific analysis, since they affect a wide range of interrelated aspects, including issues of employment, housing, health, access to education and recreation. The effective realization of this group of rights is of fundamental importance for the full socialization of the younger generation and the disclosure of its creative potential. However, at present it is possible to state the existence of a whole complex of problems in this area.

Thus, in accordance with article 37 of the Constitution of the Russian Federation, every citizen has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination. At the same time, the unemployment rate among young people has traditionally significantly exceeded the national average.

According to Rosstat, in the age group of 15-19 years, this figure in 2021 was 28.7%, in the group of 20-24 years – 13.4% As before, young people are more likely to face part-time and temporary employment, which means they are at high risk of losing their jobs and earnings. However, now, in 2023, the situation is even worse than it was in previous crises. Many young people aged 18-29 lost their jobs during the pandemic, and workers under the age of 30 suffered more than people aged 30-34 ^{[8, p. 993]}. This situation is caused by a number of factors, including a shortage of vacancies corresponding to the educational level of young professionals, a lack of practical skills and work experience among graduates of educational institutions, as well as insufficient effectiveness of state programs to promote youth employment.

Another acute problem is the shortage of affordable housing for young citizens and young families. According to article 40 of the Constitution of the Russian Federation, everyone has the right to housing, no one can be arbitrarily deprived of housing. However, young people are experiencing enormous difficulties with acquiring a separate property or with the opportunity to rent affordable and quality housing. The existing public housing programs, including preferential mortgage loans, cover only a small part of those in need.

The situation is no less alarming in the field of health protection of the younger generation. Despite the constitutional guarantees of the right to health protection and free medical care (article 41), there are high mortality rates from external causes among young people, widespread bad habits, an increase in the incidence of socially caused diseases and indicates systemic deficiencies in preventive work and medical and social support for this category of the population.

Thus, despite the constitutional norms guaranteeing the socio–economic rights of citizens, young people face numerous barriers to the realization of this group of rights. The elimination of such imbalances requires the development of a systematic state youth policy, including measures to promote employment, improve housing conditions, improve the quality and accessibility of medical care, as well as stimulating social activity and initiatives of the youth themselves in solving the problems.

In modern conditions, there is a significant change in the role of the state in economic processes. If earlier the state mainly performed the functions of a regulator of the economy, setting the "rules of the game" for businesses and citizens, now, during the crisis, its role is changing dramatically. Now the state takes over the functions of anti-crisis management, becomes a kind of "crisis manager". Its task is to promptly respond to emerging problems, take emergency measures to stabilize the situation, and support the most vulnerable industries and groups of the population ^{[9, p. 20]}. The successful resolution of these contradictions will contribute to the formation of full-fledged conditions for the self-realization of the younger generation and the development of its potential in the interests of the whole society.

Problems of youth participation in the political life of society

The problems of the participation of the younger generation in the political life of Russian society is a very ambiguous and multifaceted subject of analysis. On the one hand, the realization of constitutional political rights and freedoms is an essential condition and indicator of the maturity of young citizens as full-fledged subjects of the democratic political process. On the other hand, it is in the sphere of political participation of young people that there is a whole complex of unresolved problems that significantly limit their ability to influence decision-making affecting their interests. At the same time, the imposition of a constitutional duty on a citizen should be reasonable and proportionate and correlate with the real state of his constitutional rights and freedoms ^{[10, p. 5]}.

In accordance with article 32 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to elect and be elected to state and local government bodies, as well as to participate in a referendum. The reasons lie in the lack of political and legal literacy of young people, their disillusionment with democratic procedures, as well as insufficient representation of the interests of the younger generation in the authorities.

The necessary qualities, presumably, for voting include awareness, rational decision-making, membership and identity, as well as knowledge of what benefits fellow citizens ^{[11, p. 442]}. Young citizens often perceive elections as a formal procedure, unable to influence decision-making or change the political situation, which largely explains their low electoral activity and unwillingness to participate in the electoral process. Overcoming this problem requires purposeful work to increase the openness and accountability of authorities, expand feedback channels with young voters, as well as a consistent fight against corruption.

The problem of insufficient representation of the interests of young people in the authorities is as follows.

Firstly, there are very few young people under the age of 35 among the deputies of federal, regional and municipal representative authorities. Their share is only a few percent of the total number of deputies. This indicates a low level of involvement of the younger generation in the representative government.

Secondly, political parties are reluctant to nominate young candidates for elections, preferring more experienced middle-aged and older politicians. Young citizens often do not even get into the top three candidates for deputies from their parties and deprives them of their chances of election and exacerbates the problem of underrepresentation.

As a result, the interests and needs of the younger generation (education, employment, housing, leisure, etc.) are practically not reflected in the agendas and decisions of authorities at all levels.

To remedy the situation, a set of measures is needed: this includes stimulating the political activity of the youth themselves, increasing their political subjectivity, as well as expanding quotas for young candidates from parties and creating equal conditions for them in the pre-election struggle with more experienced politicians. This is the only way to ensure the real representation of the interests of the younger generation in the authorities.

Thus, the problem of low political activity of young people is complex and requires the development of a system of measures both to increase the motivation of young people themselves to participate in political life, and to dismantle existing barriers and create favorable institutional conditions for their involvement in the political decision-making process. The successful solution of this problem is critically important for ensuring the continuity of democratic transit and the sustainable development of the political system of modern Russia.

Legal nihilism and social passivity as factors limiting legal status

The problems of legal nihilism and social passivity among the younger generation in modern Russia is an extremely relevant and at the same time complex area of scientific analysis, affecting the fundamental issues of interaction between the individual, society and the state ^[12]. On the one hand, the Constitution of the Russian Federation enshrines a wide range of civil, political, socio–economic and cultural rights for young citizens. The realization of these rights is designed to create the necessary conditions for the disclosure of the potential of young people, their self-realization for the benefit of society.

However, in reality, there are stable trends that significantly narrow the horizons of the use of the granted constitutional rights and freedoms by the younger generation. We are talking, first of all, about legal nihilism and social passivity of a significant part of young citizens.

Legal nihilism manifests itself in a disdainful and sometimes hostile attitude to the law and the principle of legality and is often expressed in ignoring their legal obligations, ignoring the rights of other citizens, unwillingness to resolve conflicts and disputes by legal means ^{[13, 14]}. At the heart of legal nihilism are the attitudes of permissiveness, dependency, the desire to satisfy personal needs regardless of the interests of society.

Social passivity is manifested in the indifference of a significant part of young people to the acute problems of the society in which they live, the lack of desire to participate in socio–political life, and the improvement of the situation in the social sphere. Such a position is generated by disbelief in the possibility of positive changes, social pessimism, and a lack of civic initiative.

The problem of legal nihilism among young people is relevant and causes reasonable concern in the scientific community (P.A. Mishagin, O.D. Naumov ^[15]; N.L. Orekhova ^[16]; N.M. Zlenko ^[17]; A.A. Ryzhova, O.A. Ryzhova ^[18]; A.I. Nikolaev ^[19]; A.A. Kerimov ^[20], etc.). As rightly noted in the literature, such sentiments negatively affect the state of law and order and stability in society.

Among the main determinants of the spread of legal nihilism, researchers name socio-economic, political-legal and socio-cultural factors, as well as the insufficient effectiveness of the legal education system ^[16].

The importance of an integrated approach to solving this problem is emphasized, including the improvement of education, upbringing, the implementation of youth policy with an emphasis on improving legal literacy, developing critical thinking, respect for the law using interactive and digital technologies ^{[19, 20]}. The implementation of such measures will make it possible to actualize the social potential of young people and expand the space for the realization of their rights and freedoms in the interests of the individual and society ^[17].

The causes of the phenomena under consideration are complex. Among them are: the value disorientation of youth in the conditions of social transformation, the crisis of traditional institutions of socialization, social stratification, contradictions of family education, personal immaturity of some young people. The consequences of legal nihilism and social passivity among young people are very negative. They significantly reduce the opportunities for self-realization of young citizens, contribute to their maladaptation and marginalization, and hinder the modernization of Russian society. As concrete examples, we can cite the growth of crime among young people, evasion from military service, mass non-participation in elections, indifference to environmental problems.

Overcoming these negative trends is the most important task of the state and society. Therefore, it should be noted that a set of interrelated measures is required in the fields of education, upbringing, youth policy aimed at increasing the legal awareness of young people, activating their social potential, which, in turn, will expand the space for the realization of constitutional rights and freedoms by young citizens in the interests of the individual and society.

Discussion

Ensuring the constitutional rights and freedoms of Russian youth in the difficult conditions of 2023 is the most important strategic task for the state and society. Its successful implementation requires the consolidation of the efforts of all constructive forces, primarily the professional pedagogical community, which has unique experience and knowledge in the field of education of the younger generation.

The current geopolitical situation dictates the need to intensify work on the civic and patriotic education of young Russians, the formation of their sense of belonging to the great history and culture of the Motherland. At the same time, it is equally important to consistently raise the level of legal literacy and culture of young people, to foster respect for the law, to form firm attitudes to law-abiding behavior. A huge educational potential lies in introducing young people to volunteer activities, participation in solving the problems of people in need of help and support.

The solution of these strategic tasks is possible only if the pedagogical content of the state youth policy is saturated, close coordination of efforts in the fields of education, upbringing and youth work. The use of the entire rich arsenal of Russian pedagogical science will ensure the genuine realization of the constitutional rights and freedoms of Russian youth, will make it a reliable support of the state and society.

Conclusions

In the process of conducting a comprehensive analysis of the problems of the implementation of constitutional rights and freedoms of Russian youth in modern socio–political and socio–economic conditions, and achieving the set epistemological goals, the following conclusions and recommendations are formulated, which have scientific novelty and practical significance, and consist in the need for:

1.                      To develop additional measures of social support in order to reduce the risks of restricting the socio–economic rights of the younger generation.

2. To minimize the destructive informational impact on the consciousness and worldview of young citizens, the formation of their resistance to attempts to manipulate public consciousness in the process of geopolitical confrontation.

3.                      To ensure the growth of patriotic education of the younger generation by improving the system of civil law education.

4.                      To take additional measures to involve young people in constructive forms of socio–political activity, to minimize the risks of its use in protest actions in relation to the ongoing state policy of the country.

Thus, at the end of this study, it should be noted that in the current conditions it is extremely important to ensure the unhindered realization of the constitutional rights and freedoms of the younger generation of Russians, to prevent the use of its potential to the detriment of the national interests of the country. The effective solution of this strategic task is possible only on the basis of the consolidation of the efforts of the state, civil society institutions and the youth themselves.

Overcoming a complex of interrelated problems in the sphere of ensuring the constitutional rights and freedoms of Russian youth is possible only on the basis of a systematic, program–oriented approach, which involves both improving the regulatory framework and mechanisms of state youth policy, and increasing the level of legal culture of the youth themselves, stimulating their social activity and self–organization. The effective realization of the rights and interests of the younger generation is of fundamental importance for the further sustainable and progressive development of Russian society and the state.