Legal Consciousness Research Articles

О дополнении физкультурно-спортивной деятельностью триады социально значимых видов деятельности

In the article, the author continues to study the issue of supplementing optional types of behavior of employees and employees of organizations performing publicly significant functions (hereinafter referred to as Employees) with physical education and sports activities. Moreover, the positive attempts to solve the problem under consideration today are characterized by a narrow approach, extending only to athletes from elite sports who are also military personnel and (or) employees of internal affairs bodies and other services with special ranks. The author, with the growing importance of physical culture and sports as an independent industry, based on previously conducted research on the authenticity of the social essence of physical education and sports along with pedagogical (teaching), scientific and other creative activities, proposes to supplement the list of optional behavior options for those serving in physical education and sports activities regardless of the nature of its payment, which does not interfere with the performance of official (official) duties by Employees, starting with deputies of the State Duma of the Russian Federation. In addition, the inclusion of physical education and sports activities in the list of optional behavior options for Employees will not only eliminate the false legal consciousness existing in society about the applied, secondary nature of physical education and sports activities along with other socially significant activities, but will also serve as the basis for improving the all-Russian classifiers of labor, education and types of economic activities by identifying in them an independent section “Physical culture and sports”.

Legal restrictions are a specific method of legal regulation

The analysis of scientific sources provides grounds to assert that legal regulation is the regulation of social relations carried out through law and the entire set of legal means. The concept of «regulation» (from Latin regulo - rule) implies organization, adjustment, and bringing something into conformity with something else. In our view, to regulate means to define the behavior of individuals and their collectives, to direct their functioning and development, to provide certain limits, and to organize them purposefully. Alongside this, some scholars relate the term «regulation» solely to law as a system of norms and some other specific legal phenomena (legal relations, acts of law implementation). They disagree with the existing understanding of the regulation of social relations as the rigid and authoritative norming by the state and law, as, in their opinion, the category of «regulation» is not synonymous with coercion, rigid, and authoritative prescription. The legal norm establishes only a model of relations in which social interests must be correlated with the interests of society members, and alongside this, law widely uses such means of influencing people’s behavior as stimulation, encouragement, granting rights, etc. It is argued that to transition to the definition of legal regulation, it is necessary to refer to the theory of law, which provides explanations for the concepts of «legal influence» and «legal regulation». Legal influence is considered a broader concept, as it includes the normative-organizational influence on social relations not only through a system of special legal means (those that directly regulate these relations - legal norms, legal relations, acts of implementation and application of law), but also through other legal phenomena – legal consciousness, legal culture, legal principles, law-making process, etc. A proposed definition states that legal regulation is the authoritative influence on social relations carried out by the state through all legal means for the purpose of their organization, establishment, protection, and development. Besides such (regulatory) influence, law also exerts a spiritual-ideological influence on individual and social consciousness (both in the process of legal regulation and beyond). «Restrictions» and «prohibitions» as legal categories have been analyzed. The etymology of the words «restriction» and «prohibition,» their relationship to each other and to adjacent and synonymous concepts, have been explored, and an original interpretation of the content and essence of these concepts has been proposed. A number of features characterizing restrictions and prohibitions as legal categories have been identified (defined in normative legal acts; established to prevent potential abuses of law; associated with a «narrowing» of an individual’s legal status; presuppose a specific model of behavior, specifically restrictions entail active behavior, meaning to do only what is defined within limits; prohibitions entail passive behavior, meaning to refrain from doing prohibited actions; they perform a protective function in social relations; non-compliance with them is accompanied by a negative response from the state. The concept, characteristics, classification, and a systematic analysis of restrictions and prohibitions as means of legal regulation have been defined. Based on the analysis of dictionary, reference, encyclopedic literature, as well as specialized legal sources, the article formulates original definitions of «restriction». The specificity of these particular restrictions and prohibitions lies in their special area of application (they apply to individuals when exercising their powers within the civil service); they apply to specific subjects (directly to individuals who have the legal status of civil servants); their application is determined by a special purpose; they are characterized by specific, comprehensive normative legal regulation; their application is ensured by state coercion. Distinctive features inherent to restrictions and prohibitions in the field of legal regulation have been identified: individual character; preventive nature; limiting aspect; coercive nature; the presence of a special subject; connection to professional activity; relation to delict norms, and their essence has been explained. The normative basis for defining and applying restrictions and prohibitions as means of legal regulation has been characterized (substantive legislation, procedural legislation, sub-legislative normative legal acts). A classification of restrictions and prohibitions has been conducted, and it is proposed to conditionally divide them into three groups (personal, property, and mixed).

Formation and development of the idea of guaranteeing human and civil rights and freedoms in the theoretical and legal heritage of Ukraine

The article is devoted to the analysis of historical development and formation of the ideas of guaranteeing human and civil rights and freedoms in the context of the theoretical and legal heritage of Ukraine. The author examines the key stages of the evolution of legal ideas, from ancient times to the present, noting the influence of different historical periods on the formation of the modern concept of human rights. Knowledge of the historical experience and theoretical foundations of human rights guarantees helps to formulate strategies and policies that can ensure real protection of fundamental rights and freedoms in conditions when they are threatened by external aggression and internal challenges. The article focuses on the importance of developing a natural law concept based on the principles of freedom, equality and justice, which are considered fundamental to understanding human rights. A special place in the analysis is occupied by the study of the Lithuanian Statute, Magdeburg Lawand the role of polemical works in the development of legal consciousness. The authors point to the multifaceted approaches to the study of human rights, their origin, content and relationship with the state, emphasising the importance of democratic regimes in the consolidation and enforcement of rights and freedoms. The conclusions emphasise that the notion of human rights as natural and primary is crucial for the development of Ukrainian political and legal thought, which contributed to the formation of the rule of law and civil society in Ukraine. In the context of post-war reconstruction, the authors emphasise the critical importance of respecting and ensuring human rights and freedoms as a basis for the restoration and development of a democratic society. Democratic regimes that uphold the principles of freedom, equality and justice are key to the effective reconstruction and stabilisation of society. The adoption of international human rights standards and their integration into national policies will be key to successful post-war reconstruction, while laying a solid foundation for Ukraine’s future development.

Xotin-qizlarning huquqiy ongi va madaniyatini rivojlantirishning ijtimoiy-falsafiy mexanizmlari

This article analyzes the socio-philosophical aspects of thedevelopment of women's legal consciousness and culture. Also, the nature ofmeasures and programs aimed at raising the legal consciousness and cultureof women in Uzbekistan, their results and efficiency are highlighted.

The place of legal obligations in the system of social obligations

The emergence and gradual development of human society, as well as the need to regulate relations between individuals within such a society, lead to the emergence of the first elementary rules of behavior. Undoubtedly, such rules arise spontaneously in the process of living together, have an oral form of expression and are supported by early traditions and customs. Gradually, the dynamic development of society causes complications and branching of ties between its members, giving impetus to the appearance of more regulated and established rules of behavior, namely, a system of social norms. The system of social norms is created and developed throughout the history of mankind, adapting to the emergence of new needs and interests of society. That is why this system is characterized by objectivity, as it expresses the laws of the development of society, its specificity, fixing stable and repeated social connections. At the same time, it is worth taking into account the subjective factor in the formation of social norms, since they cannot arise without the participation of public consciousness. The subjective nature of social norms is determined by the possibility of individuals and social groups to realize the needs of society in establishing value guidelines for behavior and to establish them in various rules or prescriptions, having formed a certain level of legal consciousness that would correspond to the level of development of society. So, on the one hand, social norms are created by people and have a conscious-volitional character, and on the other hand, they are determined by the action of objective laws that do not depend on a person. Thus, social norms can be defined as rules of behavior of a general nature existing in society, determined by objective laws, which express the will of a certain part of the population or the entire society and are provided by various means of social influence. At the nascent stage of the system of social norms, most of it consisted of social obligations and sanctions for their non-compliance, which were determined by the system of society at that time. Social duties arise together with the appearance in human society of the germs of morality and a person's awareness of his responsibility to his family and tribe. Accordingly, with the development of humanity and the diversification of social interactions, the institution of duty was modified, acquiring new features and giving impetus to the emergence of moral, religious, and later legal duties. A legal obligation arises and develops in a close relationship with other types of social obligations, in particular - moral, religious, corporate, so we consider it expedient to compare and compare them.

Правовое регулирование мер по предупреждению коррупции в России и за рубежом

The anti-corruption policy of most states shows the systematic activity aimed at eradicating corruption and the causes that give rise to it. Priority within the framework of these activities is given to measures aimed at preventing corruption. Such activities are a set of state and public measures aimed at eliminating or neutralizing the causes and conditions of corruption or contributing to the solution of this problem. Analysis of the legislation of the Russian Federation and some foreign countries made it possible to identify a number of the most common measures used to prevent corruption. Among them are: legal and anti-corruption education for citizens and officials, applying ethical standards, anti-corruption analysis of regulatory legal acts and its projects, development of measures to resolve conflicts of interest, active involvement of civil society institutions in combating corruption, etc. Finally, the author concludes that the effectiveness of measures aimed at preventing corruption directly depends on an integrated approach, which requires not only improvement of legal regulation, but also level increase of legal consciousness of citizens, as well as the introduction of the latest ideas in management science and digital technologies.

Letter Writing and Legal Consciousness during World War I

Abstract This article explores how ordinary Americans thought about law during World War I by examining 119 letters to Congress regarding charges under the Espionage Act. These letters are a product of their time and shed new light on our understanding of the first Red Scare. This lens of legal consciousness explains how people remain within established modes of engagement, rather than either withdrawing or becoming violent, as is found in the extant literature. Despite opposing goals, the letter writers’ shared master frame enabled them to ‘speak to’ the other side, rather than ‘past’ those with opposing views. This article explains how individuals who opposed and supported seating Berger rallied under the same master frame of Americanism. Yet, the two groups displayed strikingly different legal consciousness. These disparate groups not only conceptualized the law itself differently, but engaged the law as a tool for different agendas. At a time when violence was on the rise, these people eschewed violent means and maintained the most conventional, peaceful means of protest: letter writing. How they managed this was by embracing the law as their key, nonviolent tool.

Safeguarding children's rights through international legal frameworks

Every state exists to protect the freedoms and rights of children. This universally recognized norm has gained worldwide recognition. The protection of children's rights in international law deserves special attention. The article highlights the problematic issues of child rights protection at the global level. These issues are essential in international law, as they extend to the entire world. International law on the protection of children's rights and freedoms makes it possible to address urgent problems of implementation and improvement of the organizational and legal framework for preventing violations of children's rights. This includes the study of legal reform in the world and Ukraine and the harmonization of national legislation with international law. Nowadays, the protection of children's rights and freedoms is critical since children in Ukraine are forced to make significant efforts to get even an education. However, according to international law, every child should grow up in peaceful and safe conditions. The research was conducted using the historical method, the method of comparison, analysis, and the systematic method. The analysis of the theory and practice of child rights violations as an urgent and global problem in Ukraine and worldwide will improve legal consciousness and awareness. This will make it possible to avoid offenses and draw attention to the mandatory consideration of international norms. It is worth noting that the problems that arise in our country today need to be addressed at the global level, as children are our future, and they need to grow and develop in a safe, peaceful, and harmonious environment. Children need support and care for their growth and the formation of the ideology of the rule of law and legal awareness. The freedoms and rights of children should be in the first place, both at the national and international levels.

Citizen awakening? Exploring legal consciousness in a context of mass political mobilization

AbstractUnder what conditions will people be inclined to seek remedy when facing rights violations? While some socio-legal scholars have found structural position and/or the ideological macro-context to be the key factors shaping individuals’ legal consciousness, often inhibiting their pursuit of remedies, others contend that social experiences and political interventions, including participation in social movements, affect people’s willingness to demand redress. What happens, then, when a diffuse popular mobilization challenges a state’s fundamental normative framework and demands justice and rights for long-excluded sectors of the population? This article offers empirical and theoretical insights to these debates based on results from a nationally representative survey conducted in Chile at the height of such a mass political mobilization. In this context of widespread citizen engagement and collective claim-making, we find that participation in the protests and self-perceived knowledge of where to turn are statistically related to individuals’ professed willingness to pursue a formal remedy across two hypothetical rights violation scenarios. These findings suggest that participation in protests might have an empowerment effect on those who take part, even among disadvantaged groups, opening new avenues for research at the intersection of socio-legal and political participation studies.

Legal awareness of the individual: a view from the standpoint of cultural, historical and activity methodology

The article is devoted to the theoretical understanding of the phenomenon of legal consciousness of personality from the standpoint of L.S. Vygotsky's cultural and historical theory and A.N. Leontiev's general psychological theory of activity. The regularities of the formation of the legal consciousness of the individual are presented, the psychological properties and functions of the legal consciousness of the individual are described, the hypothesis of the systemic and semantic structure of the phenomenon under consideration is theoretically substantiated. The content of the legal consciousness of the individual is described at the level of "meanings", "personal meaning" and "sensory tissue" of consciousness. The process of formation of the system of legal consciousness of personality is considered through the application of the principle of unity of affect and intelligence, formulated by L.S. Vygotsky, according to which the will of the subject is a single basis and an intermediary link in the formation of consciously controlled processes (the formation of arbitrariness), where in the process of development there is a change in the relationship between affect and intelligence. The theoretical propositions formulated by the authors can form the basis for extensive empirical studies of the legal consciousness of the individual in line with the national psychological tradition, laid down in the cultural-historical approach and the general psychological theory of activity. The regularities of the formation of the legal consciousness of the individual are presented, the psychological properties and functions of the legal consciousness of the individual are described, the hypothesis of the systemic and semantic structure of the phenomenon under consideration is theoretically substantiated. The theoretical propositions formulated by the authors can form the basis for extensive empirical studies of the legal consciousness of the individual in line with the national psychological tradition, laid down in the cultural-historical approach and the general psychological theory of activity. The theoretical analysis of the phenomenon of legal awareness from the standpoint of the national cultural, historical and activity methodology allows us to draw the following conclusions and generalizations. The process of formation and development of legal awareness is a transition from simpler semantic generalizations about law to more complex ones, in the course of general personality development. Thus, the system of meanings of the "language of law" (with different levels of generalizations) determines the content of the components of the structure of legal consciousness, the "development" of these generalizations may indicate the level of development of legal consciousness. A deep study of legal consciousness is impossible in isolation from the categories of "personal meaning", "sensual fabric", as well as those "meanings" in which law finds its objective expression in culture and in a specific person, a subject of law.

Professional Legal Consciousness: An Ideal Theoretical Model or Legal Reality?

The article analyzes and evaluates the type of legal consciousness, which in the domestic literature has been defined and is still defined as professional legal consciousness, which, according to the author, must meet the following requirements: it is enough to know the current legislation applied in practice, respectful attitude to law and how consequence, the ability to apply the law, making effective and legal decisions. Emphasizing that it would be illogical to reduce into one type of carriers of professional legal consciousness those officials who carry out their professional activities on the basis of the law, respecting the law, and those law enforcers who commit offenses and even crimes, while showing a negative attitude towards the law, the position is substantiated, according to which the analyzed type of legal consciousness is considered as an ideal theoretical model and defined as practical legal consciousness.

Психологические ресурсы служебной лояльности в профилактике дисциплинарных нарушений сотрудниками органов внутренних дел

Introduction. The article deals with the significance of service loyalty as a promising psychological resource that can be used in the prevention of disciplinary violations among employees of internal affairs bodies. Loyalty as a structural component of personal reliability of employees is a significant characteristic of personality of dynamic nature, which enables to ensure its formation and development in professional activity. Research methods. General scientific methods of theoretical analysis, empirical methods, methods of psychological practice (training), psychodiagnostic techniques were used in the research: Questionnaire of J. Meyer and N. Allen “Organisational Commitment Scale”, S.S. Baranskaya's Method of measuring loyalty, V.I. Dominyak's Method “The possibility of realising motives”, L.A. Yasyukova’s test “Legal Consciousness”. Mathematical processing of the results included methods of descriptive, comparative and factor analysis using the statistical package “SPSS Statisticsver. 22.0” with the Mann-Whitney U-criterion. Results. The possibilities of service loyalty as a personal resource for solving the challenges of disciplinary violations among employees of internal affairs bodies were determined. The peculiarities of loyalty of employees having disciplinary sanctions reflecting low level of affective, continued and normative loyalty, work loyalty, assessment of possibilities of realisation of motives were established. The factor structure of loyalty is revealed, where the values of professional activity, loyalty to profession, psychological well-being and social acceptance, work and professional community loyalty, satisfaction with activity and organisational culture are considered the leading ones. The results of psychological training aimed at the formation and development of loyalty were analysed. Statistically reliable, significant shifts (p ≤ 0.05) in the loyalty indicators of employees who participated in the psychocorrectional work were identified, proving the possibility of changing the loyal attitude of employees.

Reasons for the Formation of the Consciousness of Literati and Seal Engravers in the Late Qing Dynasty from the Perspective of Epigraphy

The formation of the legal consciousness of literati seal engravers in the late Qing Dynasty can be attributed to various factors, one of which is the inheritance of ancient culture. Seal engravers have deep education in literatures, art, philosophy and other ancient periods such as the pre-Qin and -Han dynasties. Therefore, the appreciation and studies on ancient seal engravings have led them to form a legal consciousness. At the same time, they also highly admire classic calligraphy and painting, with the seal carving works in previous calligraphy and painting works highly respected. Scholars and seal carvers improve their artistic level by learning and imitating the works of previous seal carvers, drawing on ancient aesthetic standards and techniques in their creations. They pursue independent literary and artistic creations, emphasizing individual expressions, while also having a profound understanding and respect for traditional culture. Under the guidance of this ideology, adopting the teaching of ancient people has become a way to express one's own personalities. The method has become a way for literati to express their personalities and seek their self-identity. By imitating and innovating from their predecessors, they seek spiritual comfort and stability in turbulent times.

Theoretical Approaches to the Concept of Legal Relations

A state governed by the rule of law establishes balanced legal relations. This article describes four scientific and theoretical approaches to the concept of legal relations, i.e., legal, subject-object, moral, and socio-psychological. According to the legal approach, legal relations are regulated by law. The subject-object approach defines legal relations as those that occur between subjects who possess certain rights and exercise them in relation to each other or to the objects in the legal field. According to the moral approach, society builds the system of law based on moral principles. This approach offers a step-by-step formation of law in the process of social development. Stage 1 shapes moral norms as a result of direct communication between community members. Stage 2 is associated with the individual assimilation of norms and the formation of morality. Stage 3 presupposes the arrival of legal norms. Stage 4 ends with the legislative consolidation of legal norms. The theoretical analysis revealed four socio-psychological processes in the development of legal norms: a) informal interpersonal communication yields moral norms, b) moral behavior patterns become internal, and moral consciousness appears; c) moral norms are exteriorized in the public consciousness, thus leading to legal consciousness; d) moral norms are legitimized, and legal norms become law. The socio-psychological approach considers such principles of legal relations as the sense of justice and equality.

The fourth generation of human rights: European standards and national experience

The generational classification of human rights is a vital and necessary instrument for examining the development of legal paradigms. This approach facilitates a deeper understanding of the evolution of notions and theories within the domain of human rights, while also pinpointing key differences among different stages of this evolution. Giving particular generations rights enables us to monitor how society adopts and acknowledges novel facets of legal consciousness and assurances. The authors utilize various scientific methods, including analysis, synthesis, induction, and deduction, as well as historical and legal, formal legal, comparative legal methods to examine the fourth generation of human rights. The article aims to investigate the nature of these rights, pinpoint the particular rights of this age, and examine European norms pertaining to these rights. The paper also attempts to evaluate the chances for these rights’ legislative realization in Ukraine, both now and in the future. The article’s conclusions and suggestions are intended to serve as a theoretical and methodological foundation for legislation that will enhance the political and legal framework of the Ukrainian State. This is particularly true for programs aimed at addressing the deficiencies in the area of somatic human rights protection and ensuring at the national level.

Book Competitions in Siberia and the Far East in the 1990–2020s

The purpose of the article is to present the results of the book competition movement in Siberia and the Far East in the last three decades, to identify the trends of its evolution, to determine problems and prospects.The research methodology bases on a combination of formal-logical and comparative-historical methods with the analysis of data from various sources. The forms of competitions are identified: universal and special. It has been determined that either only local publications, or also books published in other regions, can participate in competitions. Long-term (“Book of the Year of the Republic of Buryatia” (Ulan-Ude, since 1997), “Best Book of the Year” (Vladivostok, since 1997), “Best Book of Altai” (Barnaul, since 2006)) and recently emerged regional projects are characterized. The authors have analyzed the contribution to the organization of competitive projects made by regional authorities, libraries, educational institutions, public organizations, etc. The most common nominations of universal competitions and specialized topics have been determined. Attention is focused on the importance of an integrated and systematic approach to transforming festivals into a full-cycle creative system. It has been stated that, in general, expert-competitive activities have a multifaceted, multifactorial impact on the sociocultural landscape of the region, contributing to strengthening and development of the beneficial influence of the book on the aesthetic, moral and legal consciousness of the society.

The Role of the Transformation of Public Legal Consciousness during Legitimation of the European integration of Ukraine

The transformation of public legal consciousness during the legitimation of the European integration of Ukraine is key in ensuring the legal system’s effectiveness and determining the vector of further socio-economic development. The legitimation of European integration involves the implementation of state management and the implementation of information policy for the legitimacy of the vector of development based on the perception of socio-political opinion. The article aims to determine the level of development of public legal awareness during the European integration of Ukraine. The research employed empirical methods — surveys and forecasting. The work revealed a positive trend of the European integration of Ukraine and a positive perception of this process by society. The results regarding the negative trend of mass media perception at the level of 50% of public trust are interpreted, which requires improvement of the information policy. A promising direction for further research is conducting a correlational analysis based on the Trust in Media and the Rule of Law Index.

Ценностные ориентации у лиц, совершающих преступления экономической направленности и в сфере компьютерной информации

<p style="text-align: justify;">Taking into account the growth of economic crimes in Russia in recent years, and especially in the field of computer information, the article presents the materials of studying the value orientations of those who commit them. The data obtained on the basis of the “Value Orientations” method by M. Rokeach indicate a statistically significant contrast in the value preferences of the surveyed subjects who committed economic crimes (according to Section VIII of the Criminal Code of the Russian Federation) and crimes in the field of computer information (Chapter 28 of the Criminal Code of the Russian Federation), and both in terms of individual priorities for terminal values and for the rank statuses of many diverse instrumental values. It is revealed that there is also the closeness of value profiles in the surveyed contrasting subjects of the crimes, which is primarily due to the characteristics of the defectiveness of their moral and legal consciousness: in particular, when ranking terminal values, “creativity” and “the happiness of others” are in the last places in the hierarchy of value preferences, and among instrumental values, the rank weight of a number of socially significant values — “honesty” , “sensitivity”, “tolerance” — is downgraded. Taking into account the results obtained, as well as data on previously conducted domestic and foreign publications, scientifically significant guidelines for the implementation of prevention and for further research have been substantiated.</p>

Философско-психологическое наследие Ивана Александровича Ильина (к 140-летию ученого)

The article is dedicated to the 140th anniversary of the birth of the outstanding scientist, thinker, jurist, public figure, the brightest representative of the Russian religious and philosophical tradition of the 20th century Ivan Alexandrovich Ilyin. Before his eyes, historical events were unfolding that shocked and changed the minds of people. They inspired the scientist to comprehend the archetypal in man: the problems of good and evil, masculinity and femininity, conscience, service, sacrifice, heroism, love for the Motherland, wisdom, holiness. He created a holistic philosophical and psychological concept of personality, permeated not only with a deep interest in a person, but also with internal unity and harmony. The values embedded in it are opposed to the pragmatic-individualistic ones that are universally dominant today. For this reason, attention to the personality and creativity of the thinker increases every year. Multiple public discussions, frequent citations, appeal to his ideas, especially those related to forecasts and theoretical developments regarding the future of Russia, its national tasks, testify to their importance, prospects, and, in the context of the heat of geopolitical conflicts, their super-urgency. The article discusses the philosophical and psychological ideas of Ilyin regarding the problems of a person's spiritual and moral experience, the psychology of communication, the psychology of conflict, legal consciousness, national identity, the psychology of moral and patriotic feelings, the psychology of education and pedagogical psychology, the causes of the spiritual and moral crisis of mankind and the psychological aspects of the exit out of him. The originality and uniqueness of his approach lies in the emphasis on the national, historical identity of Russia.

Некоторые аспекты взаимосвязи правового сознания сотрудников ФСИН России и обеспечения законности в деятельности уголовно-исполнительной системы

The article examines the issues of formation of professional legal consciousness of employees of the Federal Penitentiary Service of Russia, taking into account the specifics of penal enforcement activities. The author draws attention to the existence of a direct relationship between the level of professional consciousness of employees of the Federal Penitentiary Service of Russia and the state of legality in the process of implementing penal enforcement activities. Special attention is paid in the article to the issue of determining the range of subjects of legality in the penal enforcement system.