tv PODKAST 1TV July 7, 2023 12:00am-12:41am MSK
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[000:00:00;00] not beijing and delhi everything is much more complicated here, if this key, if to this lock, or rather , it will be possible to find the key, from my point of view , the position of delhi can change dramatically and delhi will become one of the closest partners in the large eurasian partnership, which president putin announced more since the fifteenth year, both in the sco and in the brix association in washington, they clearly hope uh, uh, india well , if they don’t completely break close economic ties with russia, then at least they will reduce these ties and, most importantly, will cooperate more with american sanctions, i mean, not only how to comply with american sanctions, but also to see that the spirit of these sanctions is respected. that is, even if something formal sanctions are not prohibited, but still. and
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ukraine is a poor, unfortunate victim of russia's aggression, the country is an aggressor, and india, it should not, india should do something. what can help strengthen russia and they don't want to go straight to india yes. you see, it is too big and the city. well, in general, they want to somehow influence me. it's real. it's real. unfortunately, this is completely real. that many western analysts and india are also ranked among the victims of aggression. in this case, aggression from china , fueling in india these nationalist anti-chinese sentiments related to the unsettled border issue, you know , the geographical issue in the relationship between the two countries is always the main irritant. so far , the border between russia and china, for example, has not been settled, and it was finally demarcated only in 2008, and let me remind you. and we could not hope for such a rapid dynamic development of our relations.
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today, there is this issue between china and india, which the united states is certainly betting on, because it is china as an economic bugbear in all negotiations with india, and india’s rival, china as a political and military possible rival, and this can certainly have an impact and on public opinion in action and on the political opinion of the political elite, but from my point of view, here is the solution to this issue, it will just allow india and russia and china to build a single large eurasian space that will represent for all countries of the developing world a model of what the future world order based on the principles of equality and inclusive security can be like. uh, kiev just crossed. uh, formally, before that , iran had already played an incomplete role there. i understand that iran is an important country, but here's what i don't understand, given some kind of
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non-comorphic structure of the sco, will it affect, uh, will the presence iran with its radical opposition to the united states it appears somehow on the direction now in the conflict between west and east, from my point of view, it will certainly affect. i think that iran's participation is , first of all, a signal to the western world that it is becoming more and more a symbol of an alternative to the western world, and we see it as one state that wants to join the sco. this is just a state that does not want pressure from the west. the next candidate is, as we know, belarus , its accession to today too it's definitely a matter of time. iran also has very strong positions. as a regional leader. iran has its own interests in the middle east, and it is very important that today, thanks to the help of china
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, diplomatic relations are being established between iran and saudi arabia, another regional leader in the middle east, which allows us to say that there will be no confrontation there. in the near future, between, let's say, the sco, and the western camp, but, nevertheless, from my point of view. iran can provide a very important influence, including, let's say, but efforts in the position of supporters of those who would like to build an alternative system of international relations on the basis of the seam. and how does this point of view e in india relate to russia and to cooperation with the russian leadership. in general, india has very good relations with russia, both from the point of view of interaction between the elites and from the point of view of public opinion, there is, of course , a historical aspect, very positive relations between countries in this sense. i believe that russia just has a very
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a good chance to be an orbiter between a sco countries that have different interests between india and pakistan between india and china and uh, russia has good relations with all these countries to varying degrees of course, but nevertheless it has no unresolved political problems in the relationship with these countries, therefore russia is considered as a key state in the shanghai organization, which, of course, today can provide serious assistance in establishing a dialogue both within the sco and on a bilateral basis and, let's say, on a trilateral basis, there is also the rick russia india china format as of today. it is not developing very well, but on the whole it exists, and no one has to continue to build these bilateral ideologies that strengthen the sco. the task for today is to rest on our laurels and say that the sco is a successful project. and this is for centuries the sco, of course, is experiencing enormous difficulties in promoting its projects and even
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formulating its tasks, but nevertheless , this is the very organization that today is the most advanced in the creation of a completely new alternative system of international relations. thank you let's go beyond the sco and see other states of the east and the south. and, of course, immediately comes. a question about brazil going to brix how does brazil feel about the conflict that has arisen between russia and the collective west? well, certainly the attitude is quite wary very, very cautious in terms of let's say there are economic difficulties, because we know that, uh, brazilian banks, for example, are very cautious today about the arrival of russian companies, they try not to create conflicts with their e, the largest north american neighbor. ah, but nevertheless, after president lulada returned to power, silva can count on the fact that,
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as you know, he is one of the creators of brix, one of the initiators of this association , one can count on the fact that ties within brix will become closer precisely due to the fact that brazil considers in all likelihood this association as its child and therefore will continue to develop it. i very much hope that in the twenty- fourth year, when russia takes over. chairman in the brixe association, many russian initiatives can be supported, including the leadership of brazil and, finally, africa in the first place. uh, such a member of the brix as the republic of south africa is the widest africa that in russia . as i understand it, there are quite strong positions in africa . the united states was not present there, but when they saw that a lot was working out there in russia, they decided that they needed to turn attention to this continent and is trying to use economic levers to
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throw them over to his side and turn against russia what works in america and what does not. and you know africa - it’s generally a very interesting case now, a very promising continent, but because , oddly enough, not only economic levers of interaction work in africa; russia has quite a few investments there, well, it’s a multiple of less than western countries, this is france. you are naturally the united kingdom states and even china, but in russia oddly enough, very good military-political relations have been built with the leadership of a number of countries, primarily in west central africa. we know about this , and these are precisely these ties. they greatly strengthened russia's influence on the african continent as a whole and raised its authority. this allows us to build on the basis of this political military dialogue and allows us to build further relationships in the economic sphere. that is, it is not the economy with the basis that is here, but
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military-political cooperation, but of course, of course, but it is necessary to invest more, it is necessary to interact more, it is necessary to initiate economic projects. we are all very much counting on the results of the second russia-africa summit, which will be held in st. petersburg at the end of july, and in all likelihood, some decisions will be made that will also strengthen positions. russia on the african continent this is a very promising direction for us. i understand correctly who when we look at here is the world majority in the east in the south that it cannot be said that, uh, russia, uh, occupying an important leading position in this majority will not be so easy. it's not that there are lining up to greet russia . but on the other hand. this is a very promising direction, because not everyone is ready
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to welcome russia there, but the majority there. really unprepared to follow in the mainstream of american foreign policy, so there is room for a lot of work, hard work, but real, what do you say to it you know the rift between the west and the world majority today, not economic and not military-political is the value mind of the value that russia represents as an alternative to the western world russia has become a flagship in recent years. these very values are equal rights, not interference , respect for the political systems of a dilogized relationship between countries. it seems to me that this is what makes russia attractive and this is what can become the basis for the formation of a new world order, and therefore i very much hope that with the help of russia such a world order can be established by kirill thank you very much. we hope to see you on our program soon. it was a great game special edition see you again
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next week. how to judge you according to the law or according to conscience , the german will say according to the law, the russian will answer according to his conscience. hello today, we gathered our thoughts on law and russian legal culture bishop savva of zelenogradsky deputy administrator of the moscow patriarchate candidate of theology specialist in canon law smiles at us andrey aleksandrovich cliche head of the committee council of the federation on the constitutional legislation of state building. i uttered all this doctor of historical sciences. hello dear friends. well, the theme is clear. i want to continue
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with this one. and it seems to me that such an indicator of legal culture, someone once said to me that an italian would say according to the law. we can agree, but the american will not understand the question. here, in fact. my first question is to what extent this characterizes the legal culture. and what do you think about this andrey sanych do not look at the lord, let's start with you. parts, probably, characterizes, because in itself the opposition is according to conscience or according to the law, but quite artificial. in general , the law. and it should reflect people's idea of justice. and if the law somehow deviates from this idea, then, yes, it arises in people. e desire to be judged somehow not according to the law of conscience. yes, yes, you need to deal with your conscience. what is conscience? uh-huh, because, well, in law it is discussed there is conscience, as a purely
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subjective representation, yes, of a person justice, but there is some kind of collective idea of what is now right and should. yeah, and if our law approaches this ideal, let's say that such a confrontation does not arise, and it really looks quite artificial. and if people believe that the law is somehow trying to regulate some kind of relationship, then yes, and i probably agree with you that, unfortunately, most people still have a question. if here i put it like this, as you put it at the beginning of the program. uh, they will say that you judge me by conscience, but look, vladyka , after all, the antinomy of law and grace. yes, it is even in general such a biblical one. yes, the old testament the new testament is there the word on the law of grace of metropolitan i larion. if we are talking about russian culture, maybe this is not such an artificial opposition
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, as andrei alexandrovich is now saying, do you think the laws of grace and the laws of conscience are, after all, different pairs, but i will continue andrei alexandrovich’s thought what? well, look at the law - this is a chipper. yes, which bothers us fly beyond what is possible if the fender is held in the middle of the road. it's clearly out of place here. am the law, in fact, that the church law, that the secular law is intended, in theory, to initially make it so that it is good for society as a whole and for each person individually, too, so that people's lives are for the better, if it is a law that prevents this or leads somewhere else side, it means that it does not quite fulfill its functions, but more than that, if it is a well-known one. uh, the patristic saying of the reverend isaac the syrian very vividly expressed in almost the same way, well, almost the same a little differently, but nevertheless also consecrate chrysostom that if the lord judges us, uh, in
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justice, yes, justice is with us. nothing good will happen, therefore, we are talking about the fact that everything happens to a person in truth. yes, in fact , initially our law in russia was called the truth. yes, and this is true. let's talk about this some more. i just want to ask you, how does a person who grew up in french culture, and here is a frenchman. i will not answer. i after all, i lived there, i already live in russia for most of my life, i don’t remember how i left the answer. ok then. let's continue. here is a famous story. fyodor nikiforovich spitter is a famous russian lawyer lawyer, who, by the way, was famous for his long rather lengthy lawyer speeches and one of his most famous speeches was extremely brief. the priest was tried. the priest was at fault. the jury comes out spitter and says, lord juror . yes, the priest is to blame. he himself is recognizes. i want to tell you, only one thing in front of you is a person who
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for many years in confession forgave you your many sins. i ask that you forgive him one sin once today, unanimously, i believe, or whatever it is that he was justified. vladyka it's like is it right or not? man is called to forgive. yes, when we consider it possible, i say to the lord that forgive us just as we forgive the sins of others. well, these are not legal categories. it's not legally self- forgivable. eh, this category is divine. i'm sorry. it means, uh, to actually say that this is something we don't consider in his past. as part of his life. although part of life was the forgiveness of conscience laws - it's all from different categories can be forgiven completely, that is, by a jury. he was found not guilty. hmm, he was found not guilty or exonerated. as far as i remember, this is how accurate the question was. i will come next time i say. yes, i will say this, if we talk about some
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such specific examples, then i am afraid that we have such an interesting content the conversation will not work, because every time we will have to go deeper, there is matter. i want to tell you what you need. uh, speaking of a specific example, always analyze two things, if it's a crime, right? objective subjective side subjective side is different. yes, there is intent, there is negligence. and then there is such a thing as the degree of public danger. yes, in this case, if i don't know the details there. i know this as an anecdote, but yes, well -known historical anecdotes, but i believe that the jury was based on what the public danger was yes, what he had done and whether this person could commit such a crime again, and therefore, yes, he was more likely to be exonerated. although in general, the jury assumes guilty not guilty. exactly. yes, look, here, we actually wanted to. i wanted us to talk about legal culture as well, yes, and so usually, when this anecdote recalls
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a historical one, yes or an example, and this one recalls it, as an example characterizing russian legal culture. here. let's let's define a little bit of theory what legal culture is. by analogy, correct me if this is not the case with the political culture of a political scientist and i will say from the fact that there is a set of values of representations, yes, which affects , let's say, how political culture. political processes and political institutions, and therefore in our different political cultures the same political institutions will work differently, yes , the american french parliament, great britain there, any other country called democratic. here are the political processes will go differently. even if formally everything is very similar, because different political cultures have different value systems, legal culture, as i understand it, as a similar category. yes, this is a system of ideas, yes, attitudes towards the law in society. yes, then i have a question. here is the political culture, while we are not talking about the extent of its influence on legal institutions and processes. how
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big hugely hugely because the law. of course, this is such a kind of material expression. yes state representation of about how you need to regulate some kind of relationship that arises between people, but the problem is that laws are not a product. yes, if you compare how this or that product corresponds to your ideal idea about it, you will always have a huge the gap is a huge distance. and here is the size of this distance. it allows you to do. this is the opposition according to the law or according to conscience. yes, in some ideal model , the law just reflects the idea of justice that exists here and now. well, let's tell. at the same time, that this is still a representation of justice, it is changing in society, too, and the idea of justice, which there were on this
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100-200. or are there 500 years ago different from what people are considered fair today. yes it is there, uh, god has no volatility. yes, but for people in our kind of world in society in the state, these ideas change and therefore the law is also constantly changing. in a sense , always catching up creating this gap. this is one reason. why can you always say either by law or by justice, and the second, and this, probably, is for me uh-huh as for a lawyer, a practitioner and for a parliamentarian. this is very important. mostly injustice arises as a result of the right application. yes , therefore, when people say judge me according to my conscience. yes, you apply the law to me in good conscience, yes, in the way you need to apply it more. there is such an expression of all factors, yes, again, everything that we have said, taking into account all
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the circumstances. yes, you will apply legally. apply like this to me apply. yes, vladyka's phrase may be helpful. uh, who is the author? i met her in several sources that the use of speech for other purposes is a sin. yes, that's the wrong application of the law. well, in a sense, there is. sin yeah, uh, and that's why people worry, it's when, in general, it's kind of formal, well , the rules that are developed with these ideas of justice start to be used against people against the interests of people, and then people say this no, well, according to conscience it should be different, yes, and so this gap between law and enforcement. unfortunately, it always exists, well, in the state there are also mechanisms that are aimed at ensuring that they are mechanisms of a mechanism. let's talk. that's all the same russian legal culture. vladyka as a whole, russian culture as a whole, it took shape under the influence of orthodoxy
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to a great extent. that's how russian, legal culture, and orthodoxy on it, influencing how it relates to the law, i'll move on. this is a phrase that has repeatedly sounded in the meetings of the high society of the church court, where i work as chief of staff. this is the court of appeal. us he can be a court of first instance. basically it's an appeal. for priests who do not agree with the decisions of the diocesan courts, and now such a priest comes for various reasons , found guilty and sentenced to a certain church punishment, as a rule, deprivation of dignity. well, yes, of course, he is a scoundrel there. yes , he also did something there, but he needs help. need to but to save it for the church for god may be for serving in secular courts such an approach is possible, but we generally capture. here it wait. in general, we initially lay down freedom for the judge, the discretion of the judiciary. yes, that is, the judge still
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applies the law based on his own inner conviction. this is the intention precisely in that, well, returning to how the intention is perceived in the church precisely in helping a person, in fact, there is such a theory, and in church law, that church punishment. yes there is a ban the deprivation of san is not a punishment. this medicine is true, because the metaphor of medicativeness, which is also in church punishments, but in general , we are talking about helping a person , there are situations when judges, well, they chopped hard, there, for example, when a priest threw family went to another woman in other situations in the case rarely happens. i just, uh, still wanted to look for ecclesiastical canon law a little later, and that's it about the influence of the context, but the religious philosophical cultural right. well, let's say law textbooks. we will read that the russian legal culture is concentric, from which, perhaps, we can conclude that not any
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right-wing culture of these is concentric. here we once andrei alexandrovich talked. he explained to me, it's just continental law there. and what in similar situations, let's say continental law makes such a decision? likely to be accepted. yes, this is also about the origins in legal culture. well, it's so simple and the idea of justice is different, yes. it does not necessarily have to do with there with religious questions there with some peculiarity of development. here we mentioned the trial by jury. yes, because the jury itself. he we have a jury trial. yes, i do not want to criticize this institution. but still, if you look at the history of its development, then still the jury is not aimed. on the search for truth, yes it is an adversarial process and in this adversarial process, pay attention to the word wins. yes, it is in the process that the one who best presented his position of evidence cited wins
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witness and so on in a sense, what was there, in fact, is a feature of the adversarial process. pay attention there is often no one interested. what is the truth in the matter? yes, someone is guilty there, really not guilty. how, then, with and the law relate to justice, apparently, there is an idea that the one who is right, yes , he has the best opportunity to prove this dubious position in an adversarial process. yes some in the sense of who won, he is kind. yes, it reminds me of something. these are scandinavian tinks. yes, when it was decided on swords who the judicial fights were in russia if both sides could not provide. on the arguments in his rightness, that case was decided by a single judgment of god, that's all it should be. and you can, by the way, do you think it's possible? it seems that the one who is stronger wins, but let's say, the biblical story tells us that david defeated goliath because god's truth was on his side. you can
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consider these court fights as an attempt here is to present everything to god's judgment, the source of this practice, of course, is precisely in the perception that the lord can decide. yes, the lord can point with his finger to who is right from who is wrong, and david's examples of goliath are certainly one such textbook e biblical example for this, although the church has treated them differently. yes, i would say that for this you need all the same, but to have such a faith which i think not all participants in these e, fights possessed or not all those present possessed, but nevertheless such practice was, yes four oscar awards and why? do you want to work as a receptionist, anyone dreams of such a job sir, this is how it all began junior receptionist internship under strict supervision, not only that, many important guests came to grand budapest solely for
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or by conscience? today we have gathered our thoughts about law and russian legal culture bishop candidate of theology andrey aleksandrovich klishas. we continue legal sciences. well, anyway, here we somehow left the topic. i would like to drag away these concentricity, and our legal system to any legal system. this is in any of these concentricities, any characteristic of legal culture, as such, yes, any, yes, absolutely true. well i think so because uh no other uh, the legitimization of these norms. you can't come up with. well, that's all, you can, of course, shift it to god yes , and say that god wants it that way. well, in general, people would always like their ideas of justice to be, there illuminated by some kind of divine laws , rules, if it concerns society. yes, i do not take any question of the universe there. yes, that is, if it concerns the lives of people, then this is still a representation of people of a certain
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time. about that, it is clear that there is yes, but look, at the same time, they sometimes say that legal nihilism is also quite such an inherent russian steam cult. characteristics again, returning this is a continomy of the law of a-a and conscience. yes, the law is there and mercy let's say or legitimate justice and often links as well. well, how is the law that drawbar? yes , there are people. it just won't say so. here we can say, another idea of the law, that drawbar and legal nickelism territory. why because the drawbar? this means? this is a question for the performer. is it a question of injustice or uh, the formalism of the performer is conditional. well, we seem to have agreed not to specifically translate the examples, but nevertheless. see one of my favorites. now those in quotation marks are about migrants. or rather, not about migrants, the repatriation of russian people abroad. here, according to raglan, you assume that if the documents are poorly completed. they can be sent back and the person will go a second time a third time. but it's not, it's not good. that is, it is not in good conscience, that is, an official who accepts
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documents. you could say, here it is. correct me, i will immediately accept you, at least the regulations, he is not obliged to do this. this is, well, this is a very primitive basic example. it's even just illegal. yes, administrative regulations, but nevertheless it is a matter of approach, how this or that person will react to the law that drawbar. you say that someone acted , it’s more likely that someone did not act according to the law, as it is more convenient for him, well, that is, what he said is that these personal ones manipulate the law in their own interests, without looking back for justice. yes, yes, yes, well then, about what was said well, but is not characteristic of russian legal culture. right, imeysk. you nihilism is inherent in any culture at some stage present. yes , no stages. radar is accompanied by completely nihilism, in principle, in general, i don’t want to move on to this issue. in general, this part is being performed in unison today, but look. i read from
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historians of law the idea that the existing legal sheet in russian legal culture is largely connected with the era of peter the great and with the fact that those innovations that, uh, great the sovereign brought our they perceived the land as western and alien, as this idea is called andrei alexandrovich, there are no new institutions that peter would bring to russia , there are legal institutions and approaches so that he touched on such fundamental things. yes, as the cathedral documents of the times of ivan the terrible acted in russia and peter they acted. to be honest, i rather see that there was a problem culturally. yes, with peter, the shock of some foundations related to people's lives, in fact. yes, the representation of peter we have one russia in terms of culture, life and so further. well, to say that peter shook somehow the culture, i did not say, well,
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soviet. of course not. well, of course, the ecclesiastical among the church very much yes, i agree, but the institutions of the church - yes, yes, these changes, of course, were not accepted by many. but this is not a question of right-wing nihilism. it is not a matter of a that a person does not accept rights. as such, it’s a question that he doesn’t specifically adopt these laws, these changes were introduced, and peter was the first or there later, maybe i don’t like some law now and i’ll definitely tell you about it later here, but that does not mean that i believe that the law should not exist. i just don't like the specific legislation. but, i think that, in principle, this topic is non-delism. it is not connected, there, with a particular era or a historical personality in general, situations periodically occur when the legislator in particular, there we are lagging behind in some areas from how
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social relations are developing, right? or this or that branch develops and so on. people who are busy with it they develop the impression that these are the norms that have been worked out there. well, they don't meet the needs at all. eh, this area. and they begin to act without regard to these norms , and it is up to the legislator to quickly tighten up the situation and propose rules that allow this area to develop normally. yes, i agree that these are the features that i was trying to say about, they relate to the general cultural background, but i think colleagues that you underestimate a little, well, there are certain realities that well , there is an attitude expressed in russian culture to the law, that the law must be circumvented, that the law does not have to be observed, that there are things more important than the law. this is part of the legal culture they uh, let's say, uh before the revolution. yes, they were balanced in many respects precisely by orthodox consciousness and an emphasis on conscience, you can get around it, but you can’t get around it out of conscience , relatively speaking, yes, because when some student comes up to me there, this, of course,
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is not a legal situation. she says, you know , you know, missed the control. i missed my child was born, you can humanly take it there, yes, according to the law, well , you gave birth to a child, i'm not a deuce. go there, go write. well i'm here get into the situation. a and. i think that not in any culture, but the teacher will walk in this. yes, so i think there are features associated. well, it seems that you didn’t argue with this, yes, with national culture, but look it’s unconditional that for a russian, at least a sword-orthodox man of god, the truth is higher than uh, some kind of temporary, really, yes, put five or two in this particular case, one thing, if we sell this five, and another thing, if you give him fives throughout the year, he is a doctor, well, you do not educate doctors, but nonetheless. he is doctors, then he will be such a doctor that he will slaughter another thing in his patients, that they have entered into a one-time situation. well, here you are to act according to god, so to speak. yes, but
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