Sultan Kamila

2nd year student

Specialty:"International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law, associate professor Tussupova A.Zh.

THE CAUSES AND WAYS TO OVERCOME LEGAL NIHILISM

Legal nihilism (Latin Nikhil- nothing) - denial of the right as a social institution, a system of rules of conduct, which can successfully regulate human relations.

Such disrespect for law occurs in societies where the constitutional rights and freedoms are not claimed and do not represent the main value for people.

Currently, legal nihilism already has not only the "classical form" rejection of the law, disregard for the law, ignoring the law and connected with the confidence that the number of personal and professional problems even more effectively can be solved "outside the law". This turns the legal nihilism from the opinion, attitude to personal agenda.

Legal nihilism can be active or passive; household-related to ignorance of the law, or the philosophical outlook associated with the construction of the personality, which is denied by the social role of law; At the same time, legal nihilism can be observed in people who are actively interacting with the right as a nominal institute, but really for the realization of their interests using corruption and hierarchical structures.

The objective prerequisites for the emergence of legal nihilism refers to the existence of social and professional practice of the citizens of contradictions and negative factors contributing to the formation of legal nihilism.

This is related to the dynamics of our society, the formation and development of its legal base, the outstanding problems of legal regulation in many spheres of life, including the law enforcement. Development of legal nihilism contributes to a number of psychosocial factors.

This is an imperfection of the legislation, and the deformed law enforcement, and the actual installation of the illegal behavior of the citizens themselves. Legal nihilism is one of the reasons for committing crimes, since it characterizes by low legal awareness, lack of respect for the law, and the pre-emptive use of it in everyday life, when a person or group, especially guided in their actions by traditions, political, economic or other interests, but not by the law.

The importance of legal nihilism lies in the fact that people who claim that legal nihilism is the main cause of crimes, consider value and moral precepts also as the main reason and law enforcement. This directly contradicts the economy of crime and punishment, which excludes moral and ethical component from the decision of a citizen about compliance or non-compliance of the law. Accordingly, the legal nihilism is not the cause of crime, if a person knows the laws, and these laws are arranged so that this person is more profitable to live according to the laws, not violate them.

The main reasons of legal nihilism is the knowledge of the people that the laws are not enforced when a person learns about the offense, which was not followed by punishment, his or her belief in the power of the law falls and can fall to such level so that it will not generally take into account the law in its actions , reaching extreme point- legal nihilism. Thus, one of the main reasons of legal nihilism lies precisely in the laws themselves, that is, in their imperfection and inconsistency. Imperfect laws objectively sign legal nihilism, rejected by the citizens, which are perceived as unfair, etc. However, the shortcomings of law cannot be the sole justification of legal nihilism, because much depends on other factors. These negative manifestations of modern activity are largely contributed to the fact that the legal nihilism in the modern world is very serious problem- despite all attempts to deal with it, it not only leaves the "legal arena", but on the contrary - more and more strengthens its position on it.

Another major problem that causes people to mistrust the laws, is the struggle within the government itself, or rather the struggle between its branches. People no longer believe in action, whatever that may be, the laws, watching at the highest state level all the problems and contradictions are resolved successfully with the most convincing law- effective "force of law".

Political radicalism can be also distinguished as one of the prerequisites of legal nihilism. This is expressed in a stable preference for decisive action in the policy of all other steps, confidence in the presence of simple solutions to complex problems. The same can be said about extremism, xenophobia, national and religious hatred and intolerance.

In our opinion there also are prerequisites for the formation of legal nihilism. It is connected with the content of the activities of some of the media, in particular - the television. These effects both direct and indirect. They affect the people around them, public opinion, group opinion and mood, and through them at times even more profound effect on the people than the direct reading of newspaper articles or watching television. In this regard, in order to avoid the negative influence of the cult of cruelty on the formation of legal awareness of the younger generation must be at the legislative level to regulate the screening of films, including movies that contain elements of the cult of violence, cruelty and murder.

These are the causes and origins and the most important reasons of the development of legal nihilism in the world. They played a major role in the formation of such a phenomenon as legal nihilism.

Thus, the legal nihilism is a type of justice, based on the negative relation to the law. Legal culture of the society is qualitative state of legal life, which is reflected in the level of development of legal activity as normative legal acts, the degree of realization of the rights and freedoms of the individual and its legal activity.

The main ways to overcome legal nihilism: raising the level of general and legal culture; promotion of justice; preventing crime, especially crime; improvement of the legislation; the introduction of special courses in schools of legal disciplines, in addition to the subject "Fundamentals of law", the mass legal education; legal education; strengthening of law and order, the state of discipline; respect for the human person, ensuring their rights and freedoms; training of highly qualified staff of lawyers and others.

Overcoming legal nihilism is very complex and lengthy process which involves a change of the objective conditions of social life, purposeful organizational and ideological work, expected implementation of a set of specific legal measures. In order to further increase the level of legal culture of citizens of the Republic of Kazakhstan, taking into account the political and socio-economic reforms implemented in the country since independence, which caused significant changes in society, it is necessary to continue the implementation of the state policy in the sphere of rights clarifying work among the population. These measures are designed to create a qualitative renewal of the social and legal environment, revive and establish people's faith in the law.