The Formation of Civic Legal Consciousness and Legal Culture of
Youth as a Factor in Ensuring the Stable Development of the Region
Irina V. Tseveleva
a
Faculty of Social and Humanitarian Studies, Komsomolsk-na-Amure State University, Lenin’s Street 27, Komsomolsk-on-
Amur, Russian Federation
Keywords: Civic Consciousness, Legal Culture, Anti-Corruption Legislation, Patriotic Education of Young People,
Lawful Behavior.
Abstract: The article analyzes the problems of the formation of civic legal consciousness and legal culture of youth as
a factor in ensuring the stable development of the region. The process of forming legal consciousness involves
the transformation of legal knowledge into a system of personal legal beliefs, which will be further
implemented in the legal behavior of an individual. The problem of legal consciousness formation of the
younger generation was dealt with by such authors as I.F. Gabidullin, K.K. Kolin, Yu.V. Kuznetsov, I.A.
Petrulevich, O. Yu. Mikhailova and others. The formation of legal consciousness and legal culture of modern
youth should become one of the main objectives of the national security strategy implementation of the
Russian Federation. In order to implement the objective, it is necessary not only to improve the legislative
framework, but also to make efforts to activate all social institutions involved in the process of legal
socialization of the individual. The study of the features of the components of the legal consciousness of
modern student youth shows that the level of assimilation of legal knowledge among young people is quite
high, they are well guided in elementary legal realities, however, in situations of legal choice, the odds are
not always in lawful behavior favor. It is proposed to intensify work on the restoration of the system of moral,
labor education in educational institutions of all levels. In addition, in our opinion, it is necessary to create
conditions for attracting socially active youth in the process of transferring knowledge and experience to the
younger generation. Based on the studies’ results, anti-corruption legislation improving proposals were made.
1 INTRODUCTION
The National Security Strategy of the Russian
Federation, approved by Decree of the President of
the Russian Federation No. 683 on December 31,
2015, defines the main threats to the security of the
state and strategic national priorities, including "... the
development of democratic institutions, improvement
of interaction mechanisms between the state and civil
society." Thus, in the strategy it is possible to trace
the relationship between the security of the state and
the development of civil society quite clearly. The
development of civil society cannot be separated from
the development and socialization of a particular
citizen. Therefore, it is no coincidence that the
following is indicated among the necessary
conditions for the implementation of the national
security strategy: "…it is necessary to increase the
a
https://orcid.org/ 0000-0001-6665-1437
role of schools in educating young people as
responsible citizens of Russia on the basis of
traditional Russian spiritual, moral and cultural and
historical values, as well as in the prevention of
extremism and radical ideology." (ConsultantPlus,
2015).
The process of a modern young person legal
socialization is an integral part of an individual
socialization process and according to the objective
laws of individual development, is carried out as a
purposeful, that is, under the influence of social
institutions, family, school, educational organization
and spontaneously, through the participation of a
young person in various legal situations (Dai, 2018).
The purpose and at the same time the result of
legal socialization is the legal consciousness and legal
culture of the individual, which, in turn, are
determined by the degree of lawful behavior and legal
786
Tseveleva, I.
The Formation of Civic Legal Consciousness and Legal Culture of Youth as a Factor in Ensuring the Stable Development of the Region.
DOI: 10.5220/0010597607860791
In Proceedings of the International Scientific and Practical Conference on Sustainable Development of Regional Infrastructure (ISSDRI 2021), pages 786-791
ISBN: 978-989-758-519-7
Copyright
c
2021 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
activity of the citizen. The process of the legal
consciousness formation presupposes the
transformation of legal knowledge into a system of
personal legal convictions, which will be further
implemented in the legal behavior of an individual.
(Kuznetsov and Salmina, 2010).
2 METHODS
Analyzing the process of legal consciousness and
legal culture formation, we can talk about the
allocation of these categories in relation to an
individual, a group and society as a whole. The
formation of a legal culture is carried out through two
processes, namely, legal education and legal training.
The developed legal culture of the individual
determines the social and legal activity of the
individual and the degree of legitimacy of his
behavior. Individual legal consciousness and legal
culture in general form legal consciousness and legal
culture of society and, accordingly, contribute to the
development of all institutions of civil society, which
in turn contributes to maintaining the national
security of the state.
Legal consciousness is one of the forms of social
consciousness. Various authors studying the problem
of legal consciousness represent the structure of legal
consciousness in different ways, but the majority
single out the following structural elements: legal
knowledge, legal values, attitudes and relationships.
With regard to the problem of ensuring national
security and the development of civil society in
modern Russia, it is necessary to consider not only
legal consciousness as a whole, but also civil legal
consciousness. According to I.F. Gabidullina, civic
legal consciousness reflects not only the connection
between personality and law, but namely the
assessment of the relationship between a particular
citizen and the state, from the point of view of legal
categories. The author includes such principles as the
mutual responsibility of the citizen and the state,
patriotism in the content of civic legal consciousness.
Thus, in the light of the development of the state
security system, it is necessary to form purposefully
the elements of modern youth civic legal
consciousness (Gabidullin, 2014).
3 RESULTS
At present, in terms of the implementation of targeted
measures for the legal socialization of youth,
attention to the formation of a value attitude among
the younger generation towards state power, law,
respect for individual freedoms and the
implementation of each citizen's duties should be
paid. Now, the transformation of the experience of
using various children and youth organizations in the
process of civil-legal socialization of the younger
generation has begun. The youth army, the all-
Russian children's and youth military-patriotic social
movement, created in 2016, have been particularly
active in using this experience. However, in this case,
the priority is patriotic, not legal education.
At the same time, in the context of young people
civic legal consciousness formation as a factor in
ensuring national security, the patriotic component of
this type of activity cannot be excluded, because an
active citizen is, first of all, a patriot of the state. In
2015, the State Program "Patriotic education of
citizens of the Russian Federation for 2016 - 2020"
was approved by the Resolution of the Government
of the Russian Federation of December 30, 2015 N
1493. Among the purposes and objectives of the
program, special attention is paid to the formation of
increased civic responsibility in the younger
generation, an active life position, and a respectful
attitude to social values and history (GARANT.RU,
2015).
The realization and implementation of the
program is carried out in all constituent entities of the
Russian Federation; annual monitoring of the
activities of constituent entities of the Russian
Federation in civil-patriotic and spiritual-moral
education of children and youth is provided. As the
experience of foreign countries has shown, national
identity and national unity are the result of patriotic
education.
As the researchers note, modern youth have a
relatively low level of civic identity, belonging to the
society of a particular state. This phenomenon is
explained by the fact that in older generations, civic
identity was formed on the basis of life experience,
ideological upbringing. Modern youth have no
experience, and there has been no ideological
upbringing in general.
The national unity of the country, as the basis of
national security, is formed on the basis of the civic
identity of each member of society, therefore, the low
level of civic identity of young people can be
considered as a threat of deformation of legal
consciousness and degradation of Russian civil
society (Vologdina et al., 2020).
The tendencies of racism, terrorism and
extremism ideas propaganda among the youth, the
spread of the criminal subculture, which have spread
The Formation of Civic Legal Consciousness and Legal Culture of Youth as a Factor in Ensuring the Stable Development of the Region
787
in recent years, give rise to concerns. The lack of
purposeful legal education of adolescents leads to the
fact that legal knowledge and legal values are de-
formed, which inevitably leads to deformation of
legal consciousness and, as a result, as a consequence,
criminal, illegal behavior.
The de-ideologization of society can also be
considered as a negatively influencing factor, the
essence of this process is to replace the value
orientations of young people. The domination of
material values over spiritual values in the legal
consciousness of young people, a decrease in the level
of education, a deformation of legal culture can be
considered as the result of this process. (Starinov and
Tseveleva, 2017).
If we analyze the current situation with the
dissemination of information through communication
channels and television, we can state the fact of a
negative impact on the forming process of children
and adolescents legal consciousness. Despite a
number of legal protection measures taken, in reality,
there is no barrier between a child and a computer
(TV) access to inadmissible information. Analyzing
the situation with the spread of negative information
through modern communication channels, Professor
K.K. Kolin proposes to pass the Law on Information
and Psychological Safety of Children, Adolescents
and Youth and the Law on Protection of Public
Morality (Kolin, 2011).
The class structure of modern Russian society can
also be considered as a factor that has a negative
impact on the younger generation. Legal situations,
when some legal entities have legally unconditional
advantages over others, are perceived quite acutely,
especially by young people, which further leads to
deformations of various components of right-
consciousness and can result in delinquent and
deviant behavior.
All of the above negative factors of influence on
the legal consciousness formation process lead to its
deformations. The problem of legal consciousness
deformation is interdisciplinary in nature and is
considered by psychologists, sociologists and
criminologists. In essence, the deformation of legal
consciousness is a distortion in the consciousness of
both a particular individual and society of legal
knowledge and attitudes.
At the same time, all the elements of the legal
consciousness structure are subject to deformation:
knowledge, attitudes, principles, emotional-sensory
and evaluative components.
Researchers of legal consciousness deformations
distinguish such forms as legal infantilism and legal
nihilism. Legal infantilism is the most widespread
form of legal consciousness deformation, expressed
in a low level of legal knowledge, unformed legal
attitudes and legal principles of the individual.
Legal nihilism is a conscious rejection of the law
requirements, a lack of faith in law and a desire to
carry out one's life guided by one's own needs and
desires, without precluding criminal behavior. The
phenomenon of legal nihilism is quite common
among modern youth. According to such authors as
Petrulevich I.A., Mikhailova O.Yu., Romanko O.A.,
Tselikovsky S.B. legal nihilism should be
differentiated from criminal, delinquent behavior,
which should be considered as independent forms of
legal consciousness deformation. The above authors
note such a phenomenon of modern legal knowledge
as inversion, which is understood as a change in the
regulatory functions of legal consciousness in various
legal situations, as well as in assessing the legal
capabilities of various kinds of offence subjects.
When making decisions in any legally significant
situation, the majority of people who have an
inversion of legal consciousness evaluate their
opponent and, in accordance with this, choose the
method of their legal behavior, guided not by the
norms of law, but by social status and social (power)
capabilities and the powers of the subject (Petrulevich
et al., 2013).
In this case, it is appropriate to define the concept
of anti-corruption legal consciousness. According to
M.V. Shedii it has such signs as an internal conviction
in the need to counteract corruption actions, a socially
active position in the implementation and formation
of the state's anti-corruption policy, the presence of
specific anti-corruption knowledge and legal
assessments of people's behavior. The author
considers the main function of anti-corruption legal
consciousness to assess the behavior of various
subjects of law in situations related to corruption, as
well as in the use of legal methods for resolving
problems arising in the economic, administrative and
other spheres of society. The formation of anti-
corruption consciousness among the majority of legal
entities will ultimately lead to a solution to the
problem of corruption in society (Shedi, 2014).
In order to study some of the peculiarities of the
legal consciousness of modern youth, a survey was
conducted among the student youth aged 17 to 20
years. Its results allow us to state the presence of
certain deformations in the perceptions of the younger
generation, which in general can be regarded as an
alarming fact that requires the intervention of social
institutions.
To the question: "Are you a patriot of your
country?" 98 % of respondents answered positively.
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At the same time, the next question raised doubts
about such patriotism, namely, 28 % of the same
respondents answered that they would like to leave
the country for a permanent place of residence. This
fact testifies to the substitution of the concept of
patriotism in the minds of the younger generation and
the need to implement measures of patriotic education
not only with children and adolescents, but also with
student youth.
It is interesting that 100 % of the male
respondents recognize the obligation to do military
service in the Russian Army as just, while only 56 %
intend to do it. When asked if you had the opportunity
to evade service in the Army and not bear legal
responsibility, 63 % of the respondents would have
used this opportunity.
The implementation of criminal and illegal
behavior is unacceptable for the majority of
respondents, however, when answering the question
whether they had any minor offenses in the past, 29 %
answered positively. At the same time, such offenses
as jaywalking, untimely payment of taxes and fines,
in the opinion of the majority (68 %), are permissible
in everyday life and cannot be considered illegal. It
also calls into questions that 28 % of respondents are
ready to commit an illegal act if it is not associated
with violence and subsequently will not be criminally
punishable. At the same time, 98 % have a negative
attitude to corrupt behavior, consider it to be one of
the reasons for the economic crisis in the state and
insist on tougher criminal liability for corrupt
officials.
The attitude of young people to the problem of
drugs is quite interesting, the majority, 79 % have a
negative attitude to the problem of drugs spread
among young people, do not use them themselves and
condemn the use. However, to the question “Will you
report to the law enforcement agencies about persons
you know who sell drugs or cases of sale?”, Only
38 % answered positively.
An analysis of the respondents' answers to the
questions about criminal behavior indicates the
existence of double standards. It is arguable that the
level of legal knowledge assimilation among young
people is quite high, they are not bad at orienting
themselves in elementary legal realities, however, in
situations of legal choice, the preponderance does not
always add up to lawful behavior.
M.I. Enikeev distinguishes three levels of lawful
behavior:
law-abiding - the highest level, when the needs,
motives of the individual, as well as the goals
and means of achieving them coincide with the
requirements of the rule of law;
law-executive behavior is characterized by the
following: goals and means of achieving them
coincide with the requirements of the law, at
the same time this happens not because this is
an internal conviction of the individual, but
because a person does not want to stand out
from the general mass and acts under the
pressure of the group, society;
law-enforcement behavior differs from
previous levels in that a person acts in
accordance with legal norms because of fear of
punishment, true needs, motives, interests do
not coincide with the requirements of the law
(Enikeev, 2010).
Students were asked to attribute themselves to a
certain level of lawful behavior, as well as to
characterize the level of behavior characteristic of the
peers. The obtained results showed that 72 % of the
respondents attributed themselves to the executive
level, 6% consider themselves law-abiding, and 14 %
are law executing. At the same time, when
characterizing the behavior of their peers, 66 %
named the lowest level - law-enforcement behavior.
These results allow us to assert that disagreeing
assessments of oneself and one's generation allow a
low level of self-criticism. At the same time, one
cannot help but think that the observance of laws by
the majority of young people is based on a desire to
avoid responsibility, and does not coincide with
personal life principles and priorities.
Civic legal consciousness formation of modern
Russian youth is possible only on condition that every
young person knows and observes the rights and
freedoms of man and citizen, which are enshrined in
the Constitution of the Russian Federation, in real
life. Only after reaching a balance of rights and
interests of the individual, society and the state, we
can talk about the formation of civic legal
consciousness.
4 DISCUSSION
To summarize the above, it can be argued that the
formation of legal consciousness and legal culture of
modern youth should become one of the main
objectives of the Russian Federation national security
strategy implementation. In order to implement this
objective, it is necessary not only to improve the
legislative framework, but also to make efforts to
activate all social institutions involved in the process
of legal socialization of the individual. It is proposed
to intensify work to restore the system of moral, labor
education in educational institutions of all levels. In
The Formation of Civic Legal Consciousness and Legal Culture of Youth as a Factor in Ensuring the Stable Development of the Region
789
addition, in our opinion, it is necessary to create
conditions for attracting socially active youth in the
process of transferring knowledge and experience to
the younger generation. Another necessary measure
to prevent deformations of the legal consciousness
and legal culture of young people is to work on
limiting negative informational influences on the
psyche of children and adolescents, in particular,
preventing the effects of the criminal sub-culture. All
of the above measures will contribute to the civic
legal consciousness formation and a socially active
civic position of a young person, which will
ultimately lead to the formation of national identity
and cohesion, which in turn will help reduce negative
risks to the national security of the state.
5 CONCLUSIONS
The formation of the civic legal consciousness of
young people presupposes the further improvement
of anti-corruption legislation associated with the
complex application of sanctions in various branches
of law - from criminal to administrative-tort legal
relations. (Xiaoli, 2014)
The urgency of this problem, which poses a threat
to the national security of Russia, is indicated in the
Decree of the President of the Russian Federation of
June 29, 2018 No. 378 "On the National Anti-
Corruption Plan for 2018-2020", on the basis of
which the National Anti-Corruption Plan for 2018-
2020 (Garant.Ru, 2018).
We are confident that the application of the norms
of administrative tort law in relation to persons who
have committed an offense with corruption signs,
with compulsory dismissal from the state or civil
service, will allow implementing preventive
measures that create a barrier to corruption crime.
We propose to include the norms of the Code of
Administrative Offenses of the Russian Federation in
the list:
1) bribery of voters, referendum participants, or
the implementation of charitable activities during the
election campaign, referendum campaign in violation
of the legislation on elections and referendums
(Article 5.16 of the Administrative Code of the
Russian Federation);
2) failure to submit or not publish a report,
information on the crime and spending of funds
allocated for electoral purposes, referendum or other
elective office (Article 5.17 of the Code of
Administrative Offenses of the Russian Federation);
3) illegal financing of the election and referendum
campaign, prohibited by law provision of material
support related to the conduct of elections,
referendum, performance of work, provision of
services, goods for free of charge or at unreasonably
low (overestimated) prices (Article 5.20 of the
Administrative Code of the Russian Federation);
4) untimely transfer of funds to election
campaigns, referendum commissions, candidates,
electoral associations, initiative groups for holding a
referendum, and other groups of referendum
participants (Article 5.21 of the Administrative Code
of the Russian Federation);
5) inappropriate use of budgetary funds and off-
budget funds of the state (Article 15.14 of the
Administrative Code of the Russian Federation);
6) failure to meet the time limit for submitting a
tax return (calculation of insurance premiums)
(Article 15.5 of the Administrative Code of the
Russian Federation);
7) illegal recruitment to work or to the
performance of work or the provision of services of a
state or municipal employee, or a former state or
municipal employee (Article 19.29 of the Code of
Administrative Offenses of the Russian Federation)
8) illegal remuneration on behalf of a legal entity
(Article 19.28 of the Administrative Code of the
Russian Federation) (Consultant Plus, 2020).
In order to further counteract the influence of the
criminal sub-culture among minors, we propose to
include article 20.3.1 in the Code of Administrative
Offenses of the Russian Federation, calling it
“Propagation of the criminal subculture ideology and
criminal lifestyle among minors”.
The formation of the criminal subculture ideology
negative perception among minors would be:
1) one of the mechanisms for the implementation
of Federal Law No. 436-FZ of December 29, 2010
"On the protection of children from information that
is harmful to their health and development." In
particular, paragraph 5 of Article 5 takes into account
the types of information harmful to the health and (or)
development of children, on the basis of justifying
illegal behavior (GSPI, 2019);
2) the form of the Constitutional principles of
child protection legal consolidation, proposed for
national discussion by the President of the Russian
Federation, Art. 67 “Children are the most important
priority of Russian state policy. The state creates
conditions conducive to the all-round spiritual, moral,
intellectual and physical development of children,
fostering patriotism, citizenship and respect for elders
in them” (State Duma, 2020);
3) legal consolidation of instructions of the
President of the Russian Federation in subsequent
regulatory legal acts, expressed in the Address to the
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790
Federal Assembly on January 15, 2020 “The fate of
Russia, its historical perspective depends on how
many of us there will be, depends on how many
children will be born in Russian families, what they
will grow up to be, what they will become, what they
will do for the development of the country and what
values will support them in life (President of Russia,
2020).
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