they 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, this question is that he does not specifically accept these laws, these changes introduced, but by peter the first or there, then someone, maybe i don’t like some law now and i’ll definitely tell you about it later here, but it does not mean that i am, 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 not delism. it is not connected, there, with a particular era or historical personality, in general , a situation periodically occurs when the legislator in particular there we lag behind in some direction from how public relations develop yes and summer, or another industry develops, and so on. people who are busy with it. they get the impression that the norms that have been worked out there. well, they don't

meet the needs at all. and this sphere and they begin to act without regard to these norms and it is up to the legislator to quickly raise the situation and propose rules that allow the normal development of this area. 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 towards the law expressed in russian culture, which the law can be circumvented, that the law is not necessarily observed, that there are things more important than laws. this is part of the legal culture they uh, let's say, uh before the revolution. yes they are in in many respects they were balanced precisely by orthodox consciousness and an emphasis on conscience, you can get around, but you can’t get around without conscience, relatively speaking, yes, because when some student comes up to me. this is, of course, an illegal situation. she says, you know , you know , you missed the test ; by 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 be included in this. yes so i think there are features related. 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, the orthodox man of god is true higher than e, some kind of temporary, true, yes, put five or two, in this particular case, it's one thing if you sell this five, and another thing, if you give him fives throughout the year, and he is a doctor, well, you don't bring up doctors, but nevertheless. he is doctors, then he will be such a doctor that in his patients will slaughter another matter that entered the situation of a one-time it. well, here you acted according to god, so to speak. yes, but it is very simple there is no water. yes , actually, the more detailed regulation. yes, then, most likely, well, let's say in a good way. legislation

would describe these situations, or the legislation would refer you to corporate rules, for example, of this educational institution, where corporate rules should also describe you. what is alcohol in such a situation. yes. and when i punish the situation, do you foresee it? here it is absolutely true that you cannot provide for every situation, but the limits of this gap are always different. we have this gap very large, very large, which you had to prove. well , again, in any case , there may be situations when a person believes that the law is unacceptable. yes, they, too, of course, can be when yes, he really believes that they are divine. well, for a christian, divine laws are higher for someone, maybe for a non-believing agnostic person. there the law of conscience is higher than different sources. i can't help but talk about the constitution ask in this lineup. right now, before you ask about the constitution.

i just want to say something about each , however, the legal system contains mechanisms for resolving the contradiction that i just spoke about, vladyka sava, yes, and in our country, by the way, one of such possible resolution of this contradiction is the same constitutional vessels, when a person understands , this law cannot be applied to me, because, well, because it violates my rights. no, it doesn't make sense, yes, if emotions guarantee there and every legal system is trying to develop such mechanisms. yes, the restoration , as we say, of violated rights, even if this right is violated as a result of the application of the law, which is generally applied in accordance with all procedures there. yes, and such mechanisms exist, but do not exist in all systems of the prophets. and we, including the constitution, and yet. yes , the amendments to the constitution that have been adopted are very important, very serious about everyone. of course, we don’t speak, but i repeat in this composition the mention of god in the constitution, i’m just on just in case, let me remind you that the sixty-seventh article appeared. the russian federation, united by a thousand-year history,

preserving the memory of the ancestors who passed on to us the ideals and faith in god, as well as the continuity of the development of the russian state , recognizes the historically established state unity. vladyka why was it so important for the church, including you and me ? country a certain perception of our country. that is , this is a kind of ideology that is designed to set the tone for the further development of our country for application in law. yes , just recently there was a presidential decree on spiritual and moral values ​​87,807. yes, traditional value. he also assumes. further it is some some some. signaling legislation in the activities of the executive authorities in the activities, and the education system. here is how i perceive it, that is, for me, in

this case, the constitution is not just supreme law. yes, this is a kind of compass that indicates where our side should move, but vladyka is right, in general, the constitution , as we say, is a policy, a legal document, so some basic political things. we will definitely include it in the text. yes, but it also has a legal component, it is quite simple. yes, those rules of law that the state adopts or the interpretation of these rules of law will necessarily include a certain historical cultural religious, including the context, of course, the legal status and everything, including the constitutional court and the legislator who creates the norms cannot be abstracted from this cultural historical religious continent. the peoples who live here, because the idea of ​​justice is inevitably connected with it. many countries are now trying to tear off the other gap,

between the law. yes, and a show. yes, people have justice, on which originate from their cultural history, and in general in the development of our civilization yes, but we believe that these norms. they won't take root. people, in any case, will not be able to perceive their life like that. there, in all honesty, yes. or how exactly the human representation is called the addition is very grateful, like, because it seems to me that that's the question. maybe he is so naive and philistine. he arose, well , that has changed. and what about us ordinary people? this is very good. everyone there, yes, of course, there is no rhesus, but i'm just saying that it's definitely not always possible to convey this. i think it has worked out now. thank you very much. today we have gathered our thoughts about the law and the patriotic legal culture bishop. dude candidate for theology andrey alexandrovich klishas doctor of jurisprudence, we continue one more topic, again a spitter. and i think, gracious sirs, that no matter how

softly society treats its members. it must remember that there is justice. the same mathematics, no mathematician will say three times three nine, but for my girlfriend 10 three times three for virgins for everyone , let's talk about your favorite topic equality before the law there is such a problem today. we have, of course, and this is one of the main problems. we have, of course, yes one of the main problems in right application, because uh, it in a sense turns our situation around completely, that's all we're talking about now, because when people see that someone gets away with punishment. they say, how can you judge him according to the law 339, - said according to the law and not the obligation of the law when someone manages to avoid. well, the same responsibility under the law. yes, people are protesting. yes, and people believe

that it is not in good conscience when a person escaped responsibility under the law, therefore, the selectivity of law enforcement selectivity of the law. this is a huge problem. and we have it, unfortunately, it is, well, let's hope that like many other problems will be solved, and in the canonical rules. if i don’t say something exactly right now, correct me, there is such a concept of saving and about the curve, and the curve is a strict implementation of the letter of the law, and saving is in general, just the same, well, indulgence, probably, taking into account the circumstances there and so on. that is, roughly speaking, there is some canonical offense, according to which, according to the canons, the priest, for example, service should be prohibited. yes , we have such a canonical norm, or is deprived of dignity, but the bishop, there is a church court, can make a different decision, right? what are the situations? well, here are the unloved ones for aleksandrovich, but examples, well, let's say a priest is driving in a car at the wheel, throwing himself under some kind of car. maybe a drunk person

dies and, according to the canons, a person should be deprived of dignity because he shed blood. he cannot perform the sacrament of the church, but also, by the way, to say even in a situation where, for example, his secular court there, and can justify? yes , because he is not to blame at all, but the church, if you follow, will roar. yes, he must lose it, but the bishop can accept it. first of all, i would like maybe a few words about this, but sewerage will be questions. is there any analogue of this in soviet law, well, in fact , the example that he cited is now being discussed, because, uh, when a priest is driving and the person himself throws himself under the wheels, this is not the priest's blood, after all , shedding blood. it's very specific thing. and in the end there, that is, this is one discussion. currently not closed. we are getting ready. ah, the consideration of the cathedral of the russian orthodox church is a document just about the punishments of the lyricists. and there this topic is discussed, with regard to savings. but

that's what we've been talking about today. yes, this is when the judiciary will be personally bishops or the church court decides what we say. so, in truth, there will be various reasons, in truth, out of mercy, he will have mercy. it is possible, but it is already an opportunity that the church has. actually. i think she is and in secular society, as it were, in fact , aleksandrovich well, because, well, we touched on part of this topic. it will not be an exemption from punishment. yes, we talked about this and not questions, there are degrees of public danger. this is the release of responsibility, and in any law there is an institution of release of responsibility, because what is responsibility, these are some legal consequences that occur. well, yes, or they don’t come in this case, if i understand the waters correctly, then here it’s just that we are talking about the fact that they are right. the consequences that are provided for by canon law for this particular person, they will not come only for certain reasons, and there is already an exemption of liability in this case. but when we say

that mercy is above justice, is this applicable here or is it a slightly different aspect? it seems to me that this is a different aspect; it has nothing to do with law at all. yes. eh, i don't know, i think it's already there, assirina. yes, the saying that like there is the love of god there is like a mountain? yes, and justice is there, like a squeaker, yes, pleasant when the doctor you remember that you mastered the legal sciences yourself, dear friends. i think something like this. it seems to me that there are slightly different categories of mercy above justice. this is so this is wonderful, and the final question is another quote. another great russian lawyer anatoly fedorovich horses, he has a moral element in the criminal process. and here there are such words service to justice. little by little, it begins to turn to the judicial service. it is necessary to re-explain moral ideals. gotta put it first the place of moral requirements and tasks is the business of university teaching the university is the alma mater of its pupils

must nourish them with healthy, pure and strengthening milk of general guiding principles, as the lawyers wrote. question i have this. eh, do you agree on the whole with this thought and with the peculiarity that this is the case of the university. this is not obvious in my opinion. eh, look. today andrei aleksandrovich spoke about what the law provides. a court of certain discretion. yes. he generally judges how he perceives it, but to judge in this way, probably. a certain moral frequency is required, if a person himself does not know, a bribe taker, uh, a libertine and some games and a scoundrel in general, then how he will be with uh, in a pure way to judge other people is always. well, i think it's difficult. should it be a university , not knowing if our current university is capable of this now, but i believe that yes, definitely the moral principle should be transmitted and in the education system, too, it may not be now, but how? i think,

it should be thanks. well, look at this and there is in the blood, and we increasingly began to use it. uh, this term or concept, by the way, thanks to the constitutional court. today we are talking not only about the norms, not only about the law, but also about the constitutionally significant values ​​of society. yes, it is about values, because behind those very norms there are those very values ​​about the ideas of justice of people that these norms, in fact, should protect the most right-wing culture. can these norms be applied to the detriment of these values? yes, and that's when today, the constitutional court says many times in its rulings that our goal is precisely to protect constitutionally significant values. yes, if we always mean it, and if the same student is at the university, he does not just learn the substantive law. and so mechanistically memorizing some set of articles or dispositions that are contained there, but understands that

certain values ​​\u200b\u200bbehind this, which need to be protected , these norms must preserve these values, then, of course, his understanding of the right understanding will be deeper. he will be able to modernize and change the same norms in the name of the very values ​​that society considers to be protected. well, that is, the university can and should do this, of course, and if you listened to the professor of blood, the rector of st. petersburg university, why does he say that denty lawyers should share legal values, and only then they become real legal. it is universities. it is now. well , by the way, the subject for such a great discussion. you were just talking, and i remembered, uh, some kind of fiction, and an elderly lawyer, referring to a young one. says the benefit of the doubt with the heart must understand the very good. you said thank you dear friends. bishop. sava candidate of theology andrey alexandrovich cliché with doctor of law

. today we gathered our thoughts about law and russian legal culture. all project podcasts podcast. lap. you can find it on the first channel website 1tv.ru. hello dear friends. this is a podcast life of wonderful and with you i am its host writer aleksey varlamov and today we will talk about the remarkable writer and public figure chingiz aitmatov, at first glance, it may seem that aitmatov has an exceptionally enviable fate. he lived a long full-blooded life, wrote many excellent novels of romanov stories , based on which films were made, performances were staged , translated into many foreign languages, he was a major, public figure,

a happy family man. he was loved by women respected by friends. in general, beautiful finished, like a novel of life. actually in this life had its dark sides. there were sad and tragic pages, and maybe that's why chingy's work is dull for this, if you read it carefully, it's more sad than joyful. that is why this happened and we will try to figure it out today. so chingiz trikulovich aitmatov was born in kyrgyzstan in 1928 in the family of a prominent party leader. his father trekul was really a man, an outstanding one of those people who believed in the revolution and went to the revolution and served and achieved very great heights in this public service. he was the second secretary, and the republican regional committee. i don’t know how

to formulate this instance correctly, and the party was even at one time a minister in kyrgyzstan, then he was sent to study in moscow and therefore the childhood of the future soviet classic, childhood. chingiz aitmatov had a happy, well-fed, very interesting childhood. moreover, he went to school in moscow and lived on povarskaya street. and what is also very important since childhood, in fact, there was a billing, he knew the kyrgyz language very well. russian language, then it will be added to this also kazakh. this also determined a lot of fate. e, chingiz aitmatov but this happy time ended in the second half of the thirties, when clouds began to gather over the trekul aitmatov and realizing that a very sad fate awaited him, the trekul managed to do the most important thing.

he managed to save his family, realizing that death awaits him and his wife and his children, a difficult fate awaits, he managed to send them to their homeland in kyrgyzstan, away from e moscow, away from frunze, to the village brewed, as they say in kyrgyzstan, and the last, what chingiz aitmatov, eight or nine years old, managed to remember this figure of his father, when they said goodbye at the kazansky railway station in moscow, the train started moving, the father ran after this train. and they never saw each other again, after a while the trikul was really arrested and the family did not know what happened to him, chingiz aitmatov's mother succeeded. even if not immediately, but we managed to find a job as a shield grower on a distant collective farm, we managed to get some kind of housing, and there in the distant kyrgyz or the formation was like growing up took place. eh, chingiz aitmatov

, he already went to a kyrgyz school, which is also very important. first there was a moscow school , then there will be a kyrgyz school. he was very educated, very quick-witted , able-bodied and studied well. and what is also very important during the years of his growing up fell, the hard test that happened to the entire vast country, the very huge multinational soviet people of the great patriotic war. and, of course, this war also left. lunar trail and in his fate and in his life and of course in his work during the war. he worked as a secretary in the village council for sound ; he was a competent, capable boy. sometimes he had to do a very hard job of carrying funerals home, and therefore the war, of course, left this indelible mark indeed. the trace , although the stamp, so to speak, is an indelible trace , but it really was a wound that hurt in him

in the same way as early associated with the loss, but of his father. and after graduating from school, he chose a good, peaceful, useful profession as a technician, then he studied in the capital of kyrgyzstan in the city of frunze at the agricultural institute. in general, it would seem that he was waiting. such is the fate of a rural worker, but talent spoke in chingiz, talent spoke, an artist's talent. and one more very important afterword, to his own relationship with his father. the fact is that the family really did not know what happened and only in 1956. after the twentieth party congress. they received an invitation to the local state security committee, and there they were told that tricolor had been shot

in 1938. and all the hopes of the mother all the hopes of the children that their father is that the husband lives somewhere. even started a second family. all this collapsed overnight, they were the second time, and they became orphans and this wound continued to hurt , continued to bleed mats not without reason. it will be interesting to return to this topic so often that he started as a translator, since he was fluent, fluent, and fluent in kyrgyz russian. language, then one of his first literary experiments, it was a translation of the story by valentin kataev son of the regiment. but when he came with this translation , retribution. he was told that the story had long been translated into the kyrgyz language and there was no need for its translation, and then he began to engage in his independent literary work and entered the moscow literary institute for higher literary courses, which i am especially pleased to note. writers

came out of the walls of this mansion on tverskoy boulevard and one of the very first stories than a gay for okmatova, which is called dzhamilya brought him not just all-russian, not just all allied, but brought him world fame, indeed, that’s how jamil read in france the classic of french literature by louis aragon, who, by the way, had a russian wife elsa tripoli. and it can be assumed that it was she who pointed out to him the debut of the kyrgyz writer dymov, who was not to anyone, the ragun admired this story, - he said that it was romeo and juliet e, paola and francesco and and this story was the preface of the maragan, according to some version in the translation of the aragon came out in france later has been translated into many other european world languages. and aitmatov can be said to have become such a famous writer in an instant. ed was

absolutely right to say that this story was read very differently both in kyrgyzstan itself and in the soviet union as a whole, because it was right. a very bold move. and this act of this girl is very ambiguous, and it was read, then now, maybe we will look at it differently, but at least for the then reader. it was unusual and some critics of this more conservative. tolka believed that this was the destruction of traditional foundations, this was the destruction of conservative values, but altmatov looked at things, and that’s exactly how it is here , of course, these facts of his biography had an effect, but it affected the fact that he did not grow up in a kyrgyz village, as usual, kyrgyz. it was just a teenage boy who lived in moscow who received this, well, you can

say, european moscow soviet education with this experience. he came to a kyrgyz village, and therefore his view of the village was precisely such a view, and the townspeople in the eyes of a metropolitan man who was really outraged by these customs, when a girl cannot control her own destiny, and when she does not have e freedom of choice and actually aitmatov in this story, he sang this female independence. bridge women's pride women's freedom