The problems of defining and applying the concepts of gender equality and gender inequality in Russian law

Abstract

The article examines the issues of the emergence, development and current state of the scientific problem of defining the concepts of gender equality (inequality), as well as the law enforcement aspect of its solution in the Russian Federation and in foreign countries. The object of the study is public relations between the state and citizens of Russia on issues of equality of rights, freedoms, opportunities for their realization and obligations established by Part 2 of Article 6 and Part 3 of Article 19 of the Constitution of the Russian Federation. The subject of the study is the norms of constitutional (Part 2 of Article 6, Part 3 of Article 19 and paragraph "zh.1" of Part 1 of Article 72 of the Constitution of the Russian Federation), civil (part 1 of Article 12 of the RF IC) and administrative law (Part 2 of Article 3.9 and Part 2 of Article 4.2 of the Administrative Code of the Russian Federation), other normative legal acts and judicial acts defining gender equality (inequality) of citizens. In the course of the work, dialectical, logical, systemic, functional, formal-legal, comparative-legal research methods were used. The aim of the study is to develop a uniform approach to establishing the concepts of gender equality (inequality) in order to eliminate the problems of ambiguous interpretation and conflict of legislation in modern science and law enforcement practice. This goal has determined the need to set and solve the following tasks: 1. Research on the concepts of gender equality (inequality) as legal categories in the Russian Federation and foreign countries. 2. Formulation of uniform definitions of gender equality (inequality). 3. Definition of the main difference between the concepts of gender equality (inequality). 4. Consideration of the possibility of applying the author's concepts of gender equality (inequality) in law enforcement practice and in normative acts. The study showed that there is no single approach to understanding gender equality (inequality) in modern science and law enforcement practice. Most modern concepts of gender equality (inequality) are based on the recognition of the equality of rights and freedoms of men and women. The author of the article puts forward the theory that gender equality is a right guaranteed by the state and international legal acts, freedom, duties and opportunities to achieve them in relation to citizens without gender separation, and gender inequality, on the contrary, acts as a discriminatory sign in relation to citizens depending on their gender.