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From the legal nihilism - to nihilism rights. Meditation on today's reading of «Fathers and children»
06.09.2013
From the legal nihilism - to nihilism rights. Meditation on today's reading of «Fathers and children» Excerpts from the speech of the managing partner of the Law firm «YUST», the first Vice-President of the Federal chamber of lawyers of the Russian Federation, д.ю.н. Yuri Pilipenko at the solemn reception in honor of the opening of the IV Investment and legal forum «White nights»was held in Arkhangelsk on may 30-31, 2013, Developing together with the society, the right will inevitably under influence social processes, causing reflection effect. Nihilism, which emerged in our country, as a social phenomenon in the XIX century, and then in the form of legal nihilism has become an integral part of modern life, served as a momentum, thanks to which the right is beginning to acquire a new quality. *** Ivan Turgenev was not just a handsome man, a Russian gentleman, a rich landowner - he served as the Tsar and the Fatherland. About this little writing, say little, but no one disputes the fact that he was a member of the special services of Russia served in the third Department of his Imperial Majesty (or, according to another version - in intelligence of the General staff). Therefore, I think, not only by their beliefs, literary views, but including, obviously, and on duty, Ivan Sergeyevich Turgenev has set itself the task way available to him - literary - discredit spread in the society nihilism. Нигилистами at the time, I remind you, esteemed people mainly petty-bourgeois estate, actively and deliberately questioning all public morals (and therefore sometimes literally unwashed and нечесаных). Nihilists in Russia was the darkness of thousands, hundreds of them were preparing the assassination attempt on Tsar, dozens tried, few have succeeded. Unfortunately. It happened that the Emperor in the capital own Empire ran along the Winter Palace, dodging as a hare from the bullets of the gunman in him a terrorist. But at another time evade death could not. Tsar-liberator in the dust exploded a bomb in the hands of the liberated them servant. *** Debunk nihilism Turgenev sought to show the insolvency, inability to withstand a collision with real life. And, for example, the main character of the novel, Eugene Базарову fall in love with the heroine is as it weakens; suffice it to get a banal scratch during a routine medical manipulations and he dies. The writer tried (and not without success) to demonstrate primitivism inherent performance. Let us recall the spoken Bazarov compliment to the woman, «Sort of a rich body! Even now in the anatomical theatre». Or his words to Arcadia, «You проштудируй-ka anatomy of the eyes: how to take, as you say, a mysterious sight? It's all romanticism, nonsense, rot, an applied art,» he says. And ends: «let's Go watch beetle». Turgenev made a sort of duel with these, as he seems to have believed, small людишками, trying, with the help of literary images show that nihilism may not be a way out of the crisis that tsarist Russia was experiencing at the time. And that ultimately never experienced. *** But, as is often the case with works of literature, «Fathers and children» started to live its own life far removed from the concept and objectives of the author. After the novel was published, have read all bibliophiles in Russia. And then another, and the Soviet government, through the compulsory study in school, of course, helped us «зарубить on the nose»that nihilism appeared in Russia due to the accursed tsarist regime, when such talented people, as Bazarov (after all it, undoubtedly, talented person), had to become нигилистами, because could not find a different, more socially meaningful application.*** In the 80th years of the last century, tumultuous and momentous someone has connected the two words «right» and «nihilism» - was «legal nihilism». Broke out in the country rebuild (if anyone else remember what it was), and we thought that if removed from our being legal nihilism (and what is legal nihilism? - disregard the law as a tool of regulation of public relations), then all will work out in the shops will offer products, life will be happier, the Baltic States no longer want to separate from Russia and etc. etc. For this reason all the country began to fight against legal nihilism. And what has it brought? Led, paradoxically, to nihilism rights - the defiance of life (social, biological, any) and its realities by law and the formal-legal institutions. Here are a few examples of symptomatic. That, of course, not evidence, and yet... *** First. Previously, twenty years ago, it was believed - and not without reason, that there are not enough lawyers (unlike engineers): in Soviet times produced lawyers only a few institutions in the country Yes couple of universities. And off it went: exploration, pedagogical, veterinary, and other universities have given to the country Armada lawyers. Different, but from a formal equal diplomas. And now louder and say that you want to reduce their number, close the faculties of law in non-core high school, introduce additional accreditation. And it is already clear that it is really necessary, because the number of lawyers and the quality of their education are far from the action. Oh, how far. *** Next. It was believed that the role of the court in the country discounted, the court, they say, does not occupy a worthy place in public life, in the state system. Not ten years as he was, in my opinion, seems to be rather disputable height: number of positions of judges, staff units in courts in modern Russia far exceeds the number of judges and other court employees in the Soviet Union. Moreover, the number of staff continues to increase, and this will contribute greatly to the expected innovations in the judicial system (in particular, administrative proceedings). In addition to new positions of judges will need new posts of assistant judges, premises, computers, etc According to some estimates, the number of new vacancies for the judiciary may be approximately 14 thousand. But what will be created this additional burden on the budget of the country? Here are some indicators of the work of the court. According to the latest data, the number of acquittals is 0.3% of the total number of sentences. Of course, it may be objected: when Soviet power was virtually no acquittals. Yes, it's true. But under the Soviet regime up to 10% of cases was directed from the court for further investigation, which in reality meant the request of the criminal case is terminated. Compare: 10% - then, at 0.3% now. Moscow recently reported that a court is satisfied 96-97 per cent of the preliminary investigation detention. It seems to me that it clearly indicates loss of the sense of measures. When prosecutors gave a sanction for detention, they, in my opinion, came to this reasonable and взвешенней than judges. The measure followed. *** Next. We used to, as it then seemed to suffer from a lack of laws and because the majority of the relations regulated by departmental acts. But now is adopted each year several hundred laws. This number hardly have time to read even for those who have these laws apply. And those who are behind them vote. Remember, as the previous speaker of the state Duma, tears of pleasure in the corner of his eye, reported that for the reported period it was used to 450 Federal laws, which is 12% more than for the previous. And nobody said: what are these 12%? No wonder the HAC attributed the words about the «legislative bacchanalia». *** The following example is a recent legislative initiative on introduction criminal responsibility for insulting the religious feelings (at the time of publication of this initiative is embodied in the Federal law of 29 June 2013 # 136-FZ. - Approx. amended). If we proceed from the common sense, you'll have to admit feelings of true Christian believer offend impossible. It begs the question to the people defiantly devout what they know about Christ? We do not have any documentary data about the life of Jesus Christ, but in various sources, primarily in the New Testament, there is enough information about it. And whether in the past, culminating days of his life at least a moment when it would not subject to insults, from the point of view of the immaturity of the secular mind? Neither one. But was offended by Jesus Christ at least one of these attempts? Never. And I am sure that there is no person who could prove the opposite. The law in question is the obvious manifestation of nihilism rights, when we lost a sense of proportion, deprive the right of its properties reflect on the realities of our life, therefore, deny its ability to regulate it. And entered recently into force of the law on combating Smoking - is it not there are elements of the same nihilism?.. (Federal law of 23 February 2013 № 15-FZ came into force on 1 June 2013 - Approx. amended). *** And this trend is not only a Russian. It is well noticeable and the right of other countries. Take Switzerland: relatively recently there was held a referendum in which the question of the introduction in all cantons, as an attorney for Pets. However, it turned out that most people in this country still have not lost their sense of proportion: 65% of those who are entitled to vote at the referendum voted against the introduction of the Institute advocate for the protection of animals. And what about the recent parade recognition for gay rights family?.. *** And the last. I am absolutely sure that even if I was the smartest and the most confident person would not be able to convince anyone guided by a sense of measures. Since understand what it means to measure, you can only completely losing it, collapsed in «безмерие». In emptiness, choking. Suppose that our life experiences and, unfortunately, social experience will give us more and more reasons to make sure that a sense of proportion, we are gradually losing all over, including in borders of legal regulation. History plays with us. The same lesson gives Russia from century to century, in the hope that we will examine. But, it seems, and this time we'll be sent to retest - 100 years so ago. Published in the New advocate newspaper. № 17, 2013 (154)
From the legal nihilism - to nihilism rights. Meditation on today's reading of «Fathers and children» Excerpts from the speech of the managing partner of the Law firm «YUST», the first Vice-President of the Federal chamber of lawyers of the Russian Federation, д.ю.н. Yuri Pilipenko at the solemn reception in honor of the opening of the IV Investment and legal forum «White nights»was held in Arkhangelsk on may 30-31, 2013, Developing together with the society, the right will inevitably under influence social processes, causing reflection effect. Nihilism, which emerged in our country, as a social phenomenon in the XIX century, and then in the form of legal nihilism has become an integral part of modern life, served as a momentum, thanks to which the right is beginning to acquire a new quality. *** Ivan Turgenev was not just a handsome man, a Russian gentleman, a rich landowner - he served as the Tsar and the Fatherland. About this little writing, say little, but no one disputes the fact that he was a member of the special services of Russia served in the third Department of his Imperial Majesty (or, according to another version - in intelligence of the General staff). Therefore, I think, not only by their beliefs, literary views, but including, obviously, and on duty, Ivan Sergeyevich Turgenev has set itself the task way available to him - literary - discredit spread in the society nihilism. Нигилистами at the time, I remind you, esteemed people mainly petty-bourgeois estate, actively and deliberately questioning all public morals (and therefore sometimes literally unwashed and нечесаных). Nihilists in Russia was the darkness of thousands, hundreds of them were preparing the assassination attempt on Tsar, dozens tried, few have succeeded. Unfortunately. It happened that the Emperor in the capital own Empire ran along the Winter Palace, dodging as a hare from the bullets of the gunman in him a terrorist. But at another time evade death could not. Tsar-liberator in the dust exploded a bomb in the hands of the liberated them servant. *** Debunk nihilism Turgenev sought to show the insolvency, inability to withstand a collision with real life. And, for example, the main character of the novel, Eugene Базарову fall in love with the heroine is as it weakens; suffice it to get a banal scratch during a routine medical manipulations and he dies. The writer tried (and not without success) to demonstrate primitivism inherent performance. Let us recall the spoken Bazarov compliment to the woman, «Sort of a rich body! Even now in the anatomical theatre». Or his words to Arcadia, «You проштудируй-ka anatomy of the eyes: how to take, as you say, a mysterious sight? It's all romanticism, nonsense, rot, an applied art,» he says. And ends: «let's Go watch beetle». Turgenev made a sort of duel with these, as he seems to have believed, small людишками, trying, with the help of literary images show that nihilism may not be a way out of the crisis that tsarist Russia was experiencing at the time. And that ultimately never experienced. *** But, as is often the case with works of literature, «Fathers and children» started to live its own life far removed from the concept and objectives of the author. After the novel was published, have read all bibliophiles in Russia. And then another, and the Soviet government, through the compulsory study in school, of course, helped us «зарубить on the nose»that nihilism appeared in Russia due to the accursed tsarist regime, when such talented people, as Bazarov (after all it, undoubtedly, talented person), had to become нигилистами, because could not find a different, more socially meaningful application.*** In the 80th years of the last century, tumultuous and momentous someone has connected the two words «right» and «nihilism» - was «legal nihilism». Broke out in the country rebuild (if anyone else remember what it was), and we thought that if removed from our being legal nihilism (and what is legal nihilism? - disregard the law as a tool of regulation of public relations), then all will work out in the shops will offer products, life will be happier, the Baltic States no longer want to separate from Russia and etc. etc. For this reason all the country began to fight against legal nihilism. And what has it brought? Led, paradoxically, to nihilism rights - the defiance of life (social, biological, any) and its realities by law and the formal-legal institutions. Here are a few examples of symptomatic. That, of course, not evidence, and yet... *** First. Previously, twenty years ago, it was believed - and not without reason, that there are not enough lawyers (unlike engineers): in Soviet times produced lawyers only a few institutions in the country Yes couple of universities. And off it went: exploration, pedagogical, veterinary, and other universities have given to the country Armada lawyers. Different, but from a formal equal diplomas. And now louder and say that you want to reduce their number, close the faculties of law in non-core high school, introduce additional accreditation. And it is already clear that it is really necessary, because the number of lawyers and the quality of their education are far from the action. Oh, how far. *** Next. It was believed that the role of the court in the country discounted, the court, they say, does not occupy a worthy place in public life, in the state system. Not ten years as he was, in my opinion, seems to be rather disputable height: number of positions of judges, staff units in courts in modern Russia far exceeds the number of judges and other court employees in the Soviet Union. Moreover, the number of staff continues to increase, and this will contribute greatly to the expected innovations in the judicial system (in particular, administrative proceedings). In addition to new positions of judges will need new posts of assistant judges, premises, computers, etc According to some estimates, the number of new vacancies for the judiciary may be approximately 14 thousand. But what will be created this additional burden on the budget of the country? Here are some indicators of the work of the court. According to the latest data, the number of acquittals is 0.3% of the total number of sentences. Of course, it may be objected: when Soviet power was virtually no acquittals. Yes, it's true. But under the Soviet regime up to 10% of cases was directed from the court for further investigation, which in reality meant the request of the criminal case is terminated. Compare: 10% - then, at 0.3% now. Moscow recently reported that a court is satisfied 96-97 per cent of the preliminary investigation detention. It seems to me that it clearly indicates loss of the sense of measures. When prosecutors gave a sanction for detention, they, in my opinion, came to this reasonable and взвешенней than judges. The measure followed. *** Next. We used to, as it then seemed to suffer from a lack of laws and because the majority of the relations regulated by departmental acts. But now is adopted each year several hundred laws. This number hardly have time to read even for those who have these laws apply. And those who are behind them vote. Remember, as the previous speaker of the state Duma, tears of pleasure in the corner of his eye, reported that for the reported period it was used to 450 Federal laws, which is 12% more than for the previous. And nobody said: what are these 12%? No wonder the HAC attributed the words about the «legislative bacchanalia». *** The following example is a recent legislative initiative on introduction criminal responsibility for insulting the religious feelings (at the time of publication of this initiative is embodied in the Federal law of 29 June 2013 # 136-FZ. - Approx. amended). If we proceed from the common sense, you'll have to admit feelings of true Christian believer offend impossible. It begs the question to the people defiantly devout what they know about Christ? We do not have any documentary data about the life of Jesus Christ, but in various sources, primarily in the New Testament, there is enough information about it. And whether in the past, culminating days of his life at least a moment when it would not subject to insults, from the point of view of the immaturity of the secular mind? Neither one. But was offended by Jesus Christ at least one of these attempts? Never. And I am sure that there is no person who could prove the opposite. The law in question is the obvious manifestation of nihilism rights, when we lost a sense of proportion, deprive the right of its properties reflect on the realities of our life, therefore, deny its ability to regulate it. And entered recently into force of the law on combating Smoking - is it not there are elements of the same nihilism?.. (Federal law of 23 February 2013 № 15-FZ came into force on 1 June 2013 - Approx. amended). *** And this trend is not only a Russian. It is well noticeable and the right of other countries. Take Switzerland: relatively recently there was held a referendum in which the question of the introduction in all cantons, as an attorney for Pets. However, it turned out that most people in this country still have not lost their sense of proportion: 65% of those who are entitled to vote at the referendum voted against the introduction of the Institute advocate for the protection of animals. And what about the recent parade recognition for gay rights family?.. *** And the last. I am absolutely sure that even if I was the smartest and the most confident person would not be able to convince anyone guided by a sense of measures. Since understand what it means to measure, you can only completely losing it, collapsed in «безмерие». In emptiness, choking. Suppose that our life experiences and, unfortunately, social experience will give us more and more reasons to make sure that a sense of proportion, we are gradually losing all over, including in borders of legal regulation. History plays with us. The same lesson gives Russia from century to century, in the hope that we will examine. But, it seems, and this time we'll be sent to retest - 100 years so ago. Published in the New advocate newspaper. № 17, 2013 (154)
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