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Pedagogy and education
Reference:
Slanov O.T.
The role of legal education and training in the prevention of deformations of students’ legal consciousness
// Pedagogy and education.
2024. ¹ 3.
P. 89-98.
DOI: 10.7256/2454-0676.2024.3.48498 EDN: JBEUKH URL: https://en.nbpublish.com/library_read_article.php?id=48498
The role of legal education and training in the prevention of deformations of students’ legal consciousness
DOI: 10.7256/2454-0676.2024.3.48498EDN: JBEUKHReceived: 08-10-2023Published: 06-10-2024Abstract: The subject of the study of this article is the role of legal education and training in the prevention of deformations of students’ legal consciousness. The purpose of the work is to actualize research interest in the problem of legal education, training and education in order to prevent the deformation of legal consciousness and optimize the activities of the state in this direction and implement a unified legal policy in the system of legal education, training and education. The methodology of the work includes system-structural, functional and comparative approaches, which allowed to identify and substantiate the scientific and theoretical concepts of the modern educational and legal process in the study. The novelty of the work lies in the analysis of modern approaches to legal education, training and enlightenment in the process of professional education and the formation of legal consciousness. The conclusions of the work show that the given characteristics of the modern model of legal education and training reflect the formation in the Russian legal space of an institutional legal environment that affects the state and social processes of modern Russian society, which needs the formation of a unified Concept of legal education and training, the main purpose of which fully coincides with the interests of modern society and is aimed at the realization of the formation of the potential of the individual to self-development and professionalism. Keywords: legal education, education, prevention of deformation, moral, legal culture, pedagogy, conscience, human rights, state policy, legal consciousnessThis article is automatically translated. People have been studying the reality around us since ancient times. The owners of numerous knowledge who are trying to pass it on to people have always had great respect in society. Over time, certain rules and principles of education and upbringing began to be established. All kinds of areas of study have always been permeated with ideas about morality, morality, human rights and duties, the importance of observing the rules of human existence. Education is the highest value of any society and is currently the most important institutional tool through which the state achieves socially significant goals related to its organization and effective functioning. By developing the education system, the state obtains a full-fledged personality capable of understanding the true meaning of the model of the state-legal system in which a particular national community or people develops. Today, the state faces tasks of exceptional importance, primarily related to improving the effectiveness of the domestic education and upbringing system and conditioned by the need for comprehensive changes in the educational sphere and in the process of forming a competitive professional personality. In this sense, the role of education in the social adaptation of the individual is undeniable. In the modern world, interest in preventing the deformation of legal consciousness, legal education and training began to manifest itself at the end of the 20th century, when the construction of the rule of law began in Russia. At the same time, a very serious problem of legal illiteracy of a large number of people and their lack of basic legal knowledge was revealed in connection with the updating of legislation. For this reason, it is currently necessary to pay close attention to the formation of legal consciousness, and the prevention of its deformation, legal education and training starting from secondary school, where the basics of law should be introduced as a studied academic discipline. Every person who has reached the age of majority must have knowledge of the Russian legal system, the structure and content of the Constitution of the Russian Federation, and the fundamental rights and freedoms of citizens of the Russian Federation. The actualization of the problems of legal education and training is related to two aspects. The first reflects the organic connection between education and upbringing and is manifested in the Russian education system in the fact that education currently represents a unified and purposeful process of education and training associated with universally significant benefits, carried out in the interests of the individual, family, society and the state. The concept of the modern educational policy of the Russian state initially included the priorities of intellectual, spiritual, moral and creative development of the individual. These priorities put the process of educating a person through her education, moral and spiritual guidelines in the first place. With regard to the doctrine of legal education, the genetic link between education and upbringing is manifested in the fact that, on the one hand, legal education is a universal means of influencing a person, and on the other hand, legal education is a direction of educational activity transformed into a pedagogical process through which the formation of legal knowledge, skills and abilities that make up the concept takes place legal education in the state. The second aspect is related to the fact that in the post-Soviet period, the problem of legal education, in fact, lost its importance and still does not arouse much interest in the scientific community. Evidence of this is the undeniable fact that so far the bulk of scientific, theoretical and methodological developments have been carried out during the existence of Soviet science, the practical recommendations of which are still used by teachers, despite the fact that transformational processes have significantly changed the very paradigm of legal educational impact. We consider the main feature of the modern system of legal education in Russia to be that today it has become more subject to analysis from the point of view of the value components of the state and legal life of Russian society. At the moment, issues and problems of legal education and training are being discussed and require more detailed analysis and accurate characterization. The study of the relationship between legal education and legal education in Russia is relevant and important. The modern scientific environment is increasingly discussing this topic in connection with the need to apply measures to prevent the deformation of the legal consciousness of citizens. The deformation of legal consciousness is a subjectively distorted perception and understanding of the existing legal system, legal phenomena, processes, events and giving objective legal reality the desired forms and meanings under the influence of the peculiarities of the development and formation of views, principles, beliefs, ideology, values, culture and knowledge about the meaning, role and function of law. The education of the younger generation should be based on legal principles that reflect modern realities. However, the existing principles and programs of legal education and upbringing require further improvement. The issue of legal education and training should occupy an important place in the public dialogue. It is necessary to create conditions for the development of discussions, consultations and exchange of views on this topic. This will help to attract public attention and enhance the general legal culture. In general, the development of legal education and legal education is a priority for Russia. This will help to create a fair and law-abiding society where every citizen will know and respect their rights and obligations. The current federal law defines education as "an activity aimed at personal development, creating conditions for self-determination and socialization of a student based on socio-cultural, spiritual and moral values and socially accepted rules and norms of behavior in the interests of a person, family, society and the state" (Federal Law of the Russian Federation "On Education in the Russian Federation" dated 12/29/2012 No. 273-FZ (as amended on 03/7/2023) // Collection of legislation of the Russian Federation. 2012. No. 53. St. 7598). There are various approaches to the concepts of "legal education" and "legal education" in the scientific literature. From the point of view of T.I. Akimova, "legal education is an organized, systematic, purposeful impact on a person, forming legal awareness, legal attitudes, skills and habits of active lawful behavior, legal culture" [1, p. 40]. According to S.S. Alekseev, "legal education is understood as a procedure for the development of legal consciousness and legal culture of a person, allowing a person to feel legally capable" [2, p. 36]. According to the scientific positions of V.K. Babaev, "legal education is a planned, controlled, organized, systematic and purposeful process of influencing the legal consciousness and legal psychology of citizens of the Russian Federation of the whole set of diverse legal educational forms, means and methods, in order to form deep and stable practice-oriented and personally actualized knowledge and knowledge in the structure of their legal culture. values" [3, p. 153]. Kvasha A.A. characterizes legal education through the prism of its constituent elements: "legal education consists in the transfer, accumulation and assimilation of knowledge of the principles and norms of law, as well as in the formation of an appropriate attitude to law and the practice of its implementation, the ability to use their rights, observe prohibitions and perform duties" [4, p. 13]. In turn, legal education also has a number of definitions. In the textbook "Fundamentals of Law and the State", legal education "is the formation of sufficiently complete and systematic knowledge about law and legal activity" [5, p. 98]. A.M. Stolyarenko says that "legal education is a purposeful process of forming students' legal knowledge, skills and abilities. Thus, in professional education, legal education includes qualified training of students as future professionals in their activities in the field of law" [6, p. 28]. O.D. Gasparyan, a researcher in the field of didactics of law education, says that "legal education is a way of external expression and organization of the transfer of theoretical legal material to the object of education" [7, p. 105]. In science, there are different points of view on the relationship between the concepts of "legal education" and "legal education". Legal education is implemented through legal education. As A. S. Usenko emphasizes, "the guiding principle of legal education should be the formation of a proper level of legal worldview and legal thinking in the teacher" [8, p. 78]. V.V. Kvanina's monograph examines the peculiarities of legal regulation in the field of higher professional education in the Russian Federation [9, p. 124]. The author emphasizes that higher professional education in the Russian Federation is regulated by a complex system of legal norms and acts that define the rights and obligations of students, teachers, as well as requirements for the content and quality of educational programs. T.M. Matyukhina in her doctoral dissertation raises issues related to the constitutional right to education of children with special social status in the Russian Federation [10, p. 23]. Currently, Russia has an Action Plan for the implementation in 2021-2025 of the Strategy for the Development of Education in the Russian Federation for the period up to 2025, which, as a fundamental task in the field of child rearing, calls "the development of a highly moral personality ready to defend the Motherland and peaceful creation, capable of realizing its potential in modern society, as well as possessing relevant skills and knowledge and sharing Russian traditional spiritual values" (Decree of the Government of the Russian Federation dated 11/12/2020 No. 2945-r "On approval of the Action Plan for the implementation in 2021-2025 of the Strategy for the development of education in the Russian Federation for the period up to 2025" // Collection of Legislation of the Russian Federation. 2020. No. 46. St. 7375). Although the above-mentioned normative act is of great importance, there is one critical omission in it. The Strategy highlights promising goals in the field of civil, patriotic, spiritual and moral, physical and labor education and the formation of Russian identity, concerning only children, youth and the younger generation. At the same time, there is no indication of such development and upbringing of other age categories. This document should provide for an independent section "Introducing citizens to cultural heritage" in order to introduce not only children, but also adults. Characterizing legal education and training, and their impact on the prevention of deformation of legal consciousness in the educational process, special attention should be paid to legal education. Legal education plays an important role in modern society, as it helps to strengthen a legal culture based on knowledge of one's rights and obligations. This is necessary to establish law-abiding, respect for the rights of others and increase public safety, form the right legal consciousness and perception. Through legal education, citizens receive information about their rights and how these rights can be protected. It also contributes to the formation of legal argumentation skills, which makes it possible to effectively respond to possible violations of rights. Legal education and upbringing of students is a purposeful activity of teachers of educational organizations (schools, colleges, lyceums, technical schools, universities, etc.), focused on creating conditions for the prevention of deformation of the legal consciousness of students on the basis of universal moral values; to assist them in life self–determination, civic formation; creating conditions for self-realization of personality. The purpose of legal education is to form a legal culture and legal knowledge in the learning process, including positive legal beliefs and values. This goal can be achieved by solving a number of tasks. Firstly, it is important to form a legal culture so that young people understand and comply with the laws and norms of society. Secondly, through educational work, creative thinking, independence and entrepreneurial skills are developed. Interest and love for learning are stimulated, constant self-education and the disclosure of creative potential are encouraged. In addition, educational work is aimed at developing communication and interpersonal skills. In the process of learning, skills of effective communication, understanding others, cooperation and conflict resolution appear. One of the tasks is to form critical thinking and the ability to analyze information that comes through various channels (visual, auditory, kinesthetic, logical). Students gain the ability to critically evaluate and analyze the information they receive, highlight the main ideas and facts, and develop logical and reasoned thinking skills. Educational work is also aimed at developing the aesthetic perception of culture and art by students, as well as a sense of beauty and the ability to express their preferences and assessments. Finally, educational work contributes to the formation of a tolerant attitude of students towards different cultures and worldviews. Young people learn to respect and appreciate diversity, to be open and tolerant to people with different beliefs and affiliations. All these tasks and goals of educational work help to develop students' morality, citizenship and professional qualities, forming a full-fledged personality ready for life in modern society. The system of legal education measures is designed to perform the following functions: - informational — expands students' awareness of legal issues, increases the possibility of access to legal information; - explanatory — ensures the adequacy of the clarification of the reported information, ensures the unity of understanding and application of common standards in legal matters; - ideological — popularizes ideas and concepts reflecting the interests of social communities and groups; - civic education — instills love for the motherland; - advisory — distributes functional legal knowledge necessary for citizens in everyday life. So, legal education and training should be one of the priorities of public policy, therefore, it should be pointed out the importance of the regulatory framework in this area. It includes the Constitution of the Russian Federation, federal laws, international treaties, as well as legal acts of the subjects of the Russian Federation and local governments. For the success of legal education and training, it is necessary to develop a unified system of legal education, which will include legal courses in schools and universities, legal trainings and seminars, as well as information education of the population about the rights and duties of citizens. Legal education and training will contribute to the prevention of the deformation of legal awareness among the population, based on the formation of respect for the law and respect for the rights and freedoms of other people. It seems that at present the problem of legal education and training needs to revise some of its ideas, as well as to develop fundamentally new provisions reflecting the positional form and qualitative state of legal education in the learning process, based on the emerging and developing doctrine of Russian legal education in modern conditions. The modern concept of legal education, as a form of state educational influence in the educational process, assumes its own diverse models. In the legal science of the last decade, several conceptual directions have been formed that reflect the specifics of legal education in the learning process. Nevertheless, as a rule, one or another approach is based on an idea that formulates a certain concept of views and ideas, reflecting the corresponding direction of scientific research interest in this problem. The system-structural approach deserves special attention. Being a kind of methodological guideline, he gradually hones the idea of legal education in modern conditions. And, despite the fact that conceptually it was formed in the field of Soviet jurisprudence, its ideological representatives, implementing research tasks, show optimal connections and directions that form the educational environment of the modern state and society within the framework of the functioning of the state legal system. Another direction in the idea of legal education and training is related to the understanding of legal activity. Its representatives consistently develop the idea of legal education through the prism of the so-called "activity approach", considering the latter as a special type of legal activity aimed at forming a high level of legal awareness and legal culture, as a socially significant function of the Russian state, defining legal guidelines for legally significant behavior. The content of this concept is fully correlated with the functions of the state carried out by an authorized entity aimed at designing, designing and creating appropriate technologies for legal education in order to combine the means of legal education in the learning process into unified law enforcement mechanisms and complexes supported and developed by the state. A socially oriented approach has played a special role in the implementation of the idea of legal education in modern legal knowledge. On the basis of this approach, an applied direction of legal educational activity arose in the learning process, which received a more specific name – "legal educational work" [13, p. 123]. The peculiar meaning of this aspect manifested itself in activities focused on specific methods of education in relation to certain categories of Russians - minors, students, youth, civil servants, etc. It should be noted that in the process of developing a domestic model of legal education and legal education in the last decade, there has been a significant technological "surge", on the basis of which a conceptual model of modern Russian education is currently being implemented, taking into account the norms and requirements of the state educational standard. Turning to various concepts of legal education and training, it is necessary to reduce them to a single scientific and theoretical generalization. Undoubtedly, in modern realities, Russian society needs to form a unified Concept of legal education and training, the main purpose of which fully coincides with the interests of modern society and is aimed at realizing the formation of a person's potential for self-development and professionalism. In these conditions, the legal educational activity of the state, reflecting the general ideas of the Russian educational doctrine on legal awareness and legal culture, while simultaneously dissolving impersonal legal educational technologies in the learning process carried out within the framework of individual educational influence, will be able to effectively implement the main goals and objectives of the legal development of the state, directly related to the formation of socio-legal qualities of a person focused on legally literate behavior, the formation of the spiritual and moral environment of a modern transitional society, as a special type of modern sociality. If a modern state, dealing with the stereotypes of a modern "impersonal" society, is able to ensure unconditional respect and observance of human rights and freedoms, then this state fully fulfills its obligations to man and citizen. References
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