Jul 2026· Analytical and Comparative Jurisprudence· Vol 1, pp. 42-48· 0 citations
Abstract
In the article, based on historical and logical and comparative methods, a comprehensive analysis of the content of the phenomenon of the «right to education» as a legal category is carried out. It is established that the understanding of the concept of human rights is inextricably linked with the clarification of the essence of the subject – «educated person», the formation of which is conditioned by relations of a state – legal, socio – economic, political, national – religious and interpersonal nature. It has been established that the main trajectory of legal development should be analyzed within the context of the «global-regional» category. The contradictions inherent in the issue addressed by this research stem, directly or indirectly, from the influence on Ukrainian society of those state legal institutions with which it has interacted.
In European civilization, the genesis of the idea of human rights has its roots in Christian ethics and the concepts of the jurists of Ancient Rome. It is noted that universities became an important factor in the formation of the concept of human rights, and, in particular, the «right to education». Their emergence was driven by the growth and development of cities as centers of economic and cultural life in Medieval Europe, and by the rising role of the bourgeoisie as a new, progressive social class in relation to the feudal lords.
During the Renaissance and the Enlightenment, the Western European understanding of law was supplemented by the idea of the autonomous individual, in which the individual acts as a subject naturally endowed with the right to a dignified existence. It has been established that the knowledge acquired through education should contribute to the realization of this right.
It is noted that, as the concept of human rights transformed from a moral category into a state-legal one at the end of the 18th century, its fundamental principles were given the corresponding legal framework. It has been established that state policy in the field of education is acquiring a constitutional-legal dimension.
In Ukraine, since the declaration of independence, the search for an optimal model of interaction between the state and the individual has been linked to the formation of a social ideal in which the individual could freely develop their abilities (aptitudes, talents, intellect). It is emphasized that the aspiration to realize this ideal is viewed through the prism of the concept of the «right to education».
It is underscored that the problem of choosing ideals stems not from their diversity, but from the existence of false and true ideals.
The article substantiates the relevance of studying the category of integrity in the context of the socio-economic, scientific, cultural, and legal development of the state. Particular attention is paid to the transformation of the concept of “integrity” within the national legal system of Ukraine and to its gradual transition from a moral and ethical category to a legal construct that has practical significance in the fields of public service, public administration, education, anti-corruption policy, and legal responsibility.
It is established that the evolutionary nature of integrity and its interdisciplinary connections provide a deeper understanding of this phenomenon, its substantive content, determination, and the emergence of new forms in the context of the development of theory and practice. The article emphasizes that integrity is not only a moral characteristic of an individual but also an important criterion for assessing the conduct of public officials, their compliance with social values, the principles of the rule-of-law state, and generally accepted notions of the public good.
The national regulatory framework is analyzed, within which integrity appears as an important factor in ensuring transparency, accountability, impartiality, and responsibility of individuals holding public office. Special attention is paid to the need to take into account global trends and to implement European legal standards into national legislation as a prerequisite for Ukraine’s European integration processes.
The article substantiates the need to improve mechanisms for assessing integrity by shifting from a purely moral approach to a clearly defined legal framework, as well as by introducing an effective, independent, and transparent system of integrity auditing at all levels of public authority and professional activity.
V. V. Тuryanytsia· Analytical and Comparative J...· 0 citations
The article is devoted to the achievements of the outstanding jurist and educator, Academician of the National Academy of Legal Sciences of Ukraine, Doctor of Law, Professor P. M. Rabinovych in the field of legal education and the legal upbringing of school students. The emphasis is placed on the scholar’s pioneering role in the theoretical substantiation and practical implementation of the educational course “Human Rights” in Ukrainian schools. It is argued that the professor's interest in the problem of human rights was a logical continuation of his views on legal values, legality, and the rule of law. The empirical basis for studying this component of the scholar’s legacy consisted of approximately 30 of his works, primarily textbooks and other teaching and methodological publications, in the preparation of which he took a direct part and which laid the foundations for a new paradigm of legal education in independent Ukraine. The scientific novelty of the article lies both in the formulation of the problem itself which has not previously been addressed in biographical publications about P. M. Rabinovych, and in the comprehensive approach to its resolution, as well as in the introduction into scholarly circulation of new facts, in particular those derived from the author’s personal experience of cooperation with the professor in the field of legal education and the legal upbringing of school students The features of P. M. Rabinovych’s legal pedagogy are specifically highlighted, including the instillation in students of the methodology of general legal theory, the fostering of respect for human rights, and pedagogical tact.
Igor Usenko· Philosophy of law and genera...· 0 citations
The aim of this article is to examine the evolution of educational discourse in Iran from the Constitutional Revolution to the end of Reza Shah Pahlavi’s reign (1906–1941). The central question is why and how education, during this period, was transformed from a “project of national salvation” with a social and citizen-centered character into an instrument of “authoritarian modernization” and centralized state-building. Using a historical-analytical method and focusing on the discourse of the press, educational documents, and the memoirs of political elites, the article explores this dual process. Drawing on primary sources, including the press of the Constitutional era, memoirs of statesmen, and educational documents, as well as a theoretical framework based on reform from above and directive reformism, the study shows that during the Constitutional period, education was regarded as a prerequisite for legalism and nation-building, a social ideal, and a popular demand. However, during the Reza Shah period, with the establishment of the first Pahlavi monarchy (1925–1941), this discourse underwent a fundamental transformation. Reza Shah’s powerful and centralized state implemented the Constitutional ideal of universal education through the Compulsory Education Law, standardized curricula, and institutions such as the University of Tehran and teacher-training colleges. Yet this realization came at a heavy cost. During the reign of Reza Shah Pahlavi, the same ideal, under the logic of a centralized and ideological state, led to compulsory education, a uniform curriculum, and ancient-oriented nationalism. The findings indicate that although educational modernization during this period achieved significant structural and quantitative accomplishments, its top-down and non-participatory nature caused it to fail in fostering critical consciousness, educational justice, and sustainable social acceptance. The article concludes that the dual legacy of this transition—success in constructing modern institutional forms versus failure in democratic educational content—cast a long shadow over Iran’s educational system for decades.
Zahra Soleymani, Javad Sakha, Masoud Mohammadi et al.· Journal of Historical Resear...· 0 citations
Abstract. The article explores the aspects of pedagogical cultivation of traditional values within the context of Russia’s contemporary constitutional and legal paradigm. It analyzes the impact of regulatory frameworks on the educational process in educational institutions. The concept of "traditional values" is examined in both socio-cultural and legal dimensions, revealing the key provisions of legislation on preserving and strengthening Russian spiritual and moral values. The study takes into account the role of state and public institutions, mechanisms of personality socialization, and the transmission of traditions. The authors conceptualize ways to increase the effectiveness of pedagogical methods for implementing value-oriented perception based on Russia's traditional values. The contribution of educational institutions, the family, and public organizations to forming the outlook of the younger generation is analyzed, alongside the challenges associated with digitalization and globalization. Based on a comparative-historical approach, research into legal regulation, and a review of scientific views in pedagogy, jurisprudence, psychology, and sociology, the article offers recommendations for improving educational practices in accordance with constitutionally enshrined values. The research findings can be useful for educators, methodologists, educational curriculum developers, and educational management authorities.
D. Saidumov, R. A. Dzasheev· BULLETIN OF CHECHEN STATE...· 0 citations
Introduction: Semyon Desnitsky (c. 1740–1789), the first Russian professor of law, was a key figure in the formation of the theoretical framework of Russian legal science in the second half of the 18th century, and his activities laid the foundation for the development of university legal education and theoretical jurisprudence in Russia. Desnitsky's main contribution to the methodology of law was the idea of abandoning the then prevailing theory of natural law in its scholastic understanding and the theoretical justification for the transition to a contextually new comparative historical analysis. His contemporaries relied on abstract norms, while Desnitsky suggested studying law in development. He elaborated the concept of the "four states of the human race," according to which the forms of property, family, state, and law directly depend on the stage of economic development. It was an innovative approach for that time, connecting law, philosophy, history, and economics. Of great importance for the development of domestic political and legal thought was Desnitsky’s idea of the separation of powers taking into account Russian specifics. Desnitsky believed that three branches of government were necessary – "legislative, judicial, and punitive." In addition, he substantiated the need to form the "fourth power" – urban self-government, which he called “civil power.” In addition to theoretical developments, Desnitsky, as a teacher and organizer of science, obtained the Highest permission for lectures on law to be delivered in Russian, insisted
that a lawyer should study four compulsory sciences: moralizing philosophy (ethics), natural jurisprudence, Roman law, and, most importantly, domestic legal art. He developed Russian legal terminology, introduced legal terms, translated complex concepts into the Russian language. The purpose of this paper is to identify and analyze the role of Desnitsky in the formation of the system of domestic political and legal knowledge in the period of Enlightenment, when the need for a systematic study of domestic and foreign legislation took on increasing importance in Russia. The research employed formal-legal, historiographic, comparative-legal, historical-legal, and other scientific methods, which were used to typologize the corpus of written sources, propose a thematic classification of historiography, and analyze the chronological periods of the historiographic process. According to the conclusions drawn, Desnitsky laid the foundations of the domestic scientific methodology for studying law while proving that laws must be considered in the context of the history and economic development of society ("four states"). His project of the separation of powers was the first experience of constitutional design in Russia. Although there is no consensus among historians whether Desnitsky was a supporter of the constitutional monarchy, his project was the first in Russia to present a harmonious system of the organization of power based on the law.
E. V. Vinogradova, M. V. Rattur· Вестник Пермского университе...· 0 citations
Background. The relevance of the research topic is determined by its scientific, theoretical and practical significance. The article presents the criteria for typologizing the legal category “deputy’s mandate” from a political and legal perspective and defines the dialectic of interaction between the imperative and the free mandate of a deputy. The purpose of the study is a comprehensive comparative legal analysis of the parliamentary mandate as an institution of direct democracy in the context of globalization and postmodern transformations of the modern world. Materials and methods. The achievement of the re-search goal became possible through the use of a number of methods, including philosophical, general scientific and special legal methods. Thus, the dialectical method made it possible to trace the genesis of the subject of research in its interrelation and interdependence with other phenomena of the state-legal order, to determine the prospect of its further reform. With the help of general scientific methods, it was possible to achieve unity of research mindset. Special legal methods of cognition were also used: formal legal and comparative legal, the latter involving both diachronic and synchronous comparison. Results. The problem of the dialectic of imperative and free mandate is not exclusively a domestic invention, it is also characteristic of the foreign practice of constitutional construction. A typologization of the deputy’s mandate and its substantive aspects is carried out in a comparative legal manner. Conclusions. In modern conditions of postmodern development of states, the absolutization of the free mandate of a deputy has distorted the democratic mechanism of democracy, undermining popular confidence in the parliamentary corps. At the same time, the imperative institutions of direct democracy not only form a mecha-nism for the implementation of national sovereignty, but also ensure transparency in the interaction between voters and the deputy corps, which increases confidence in the latter and demonstrates its effectiveness.
Natalia V. Makeeva, Polina A. Bizikova, Rodion G. Sintsov· University proceedings Volga...· 0 citations
