Формы выражения конституционного нигилизма среди высших должностных лиц Республики Корея

Abstract

Introduction. The Republic of Korea is considered to be a state of law where the rights and freedoms of citizens are one of the highest values and are protected by the state despite traditional paternalism and collectivism. The Republic of Korea has seen a lot: wars, military takeovers, bloody reforms and the constitutional nihilism of senior officials. Before the Republic of Korea became a legal and social state, several constitutions and senior officials were changed during the 40 years. Purpose. The purpose of this work is to identify the main forms of expression of constitutional nihilism among the highest officials of the First, Second, Third, Fourth and Fifth Republic of Korea, as well as ways to combat constitutional nihilism in the Sixth Republic of Korea. Methodology. The methodology includes the following methods: technical, dialectical-materialistic,historical, legal, comparative, logical, analysis and synthesis. Results. The main forms of expression of constitutional nihilism among the highest officials of the First, Second, Third, Fourth and Fifth Republic of Korea were a direct violation of constitutional norms, the creation of dead constitutional norms and fictions, seizures of power and frequent rewriting of the text of the constitution according their wishes. One of the main methods of struggle was the creation of the institution of criminal liability of senior officials. Conclusion. Constitutional nihilism among the senior officials of the country continues to live at the present time, despite the attempts of the citizens of the Republic of Korea to eradicate it. The result of this study will be the inclusion in the scientific circulation of the concept of forms of expression of constitutional nihilism. The results of this work can be used in the study of the subjects “Comparative Constitutional Law” and “Constitutional Law of Foreign Countries” .