Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)

Background. The ideology embodied in the Criminal Procedure Code of the Russian Federation is a manifestation of diverse Western European liberal philosophies, teachings and concepts. In them, freedom was understood and is now understood as freedom of reason (subordination of the will to reason – fo...

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Main Author: Alexander V. Agutin
Format: Article
Language:English
Published: Penza State University Publishing House 2023-11-01
Series:Известия высших учебных заведений. Поволжский регион: Общественные науки
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author Alexander V. Agutin
author_facet Alexander V. Agutin
author_sort Alexander V. Agutin
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description Background. The ideology embodied in the Criminal Procedure Code of the Russian Federation is a manifestation of diverse Western European liberal philosophies, teachings and concepts. In them, freedom was understood and is now understood as freedom of reason (subordination of the will to reason – formal logic). Subordination of the will to reason is the cornerstone of the liberal (rationalistic) paradigm of freedom in Russian cri-minal proceedings. Unlike the latter, Russian (Orthodox freedom), first of all, is the freedom of will (aspiration of the soul) of officials conducting criminal proceedings as mature individuals. It is also the centrifugal force of their aspirations and desires. In essence, the freedom of will of officials conducting criminal proceedings is the embodiment of the spir-itual and moral principles of the life of the Russian people in criminal procedural activities. It is not difficult to see: liberal freedom, with its potential, not only subordinates to formal logic the freedom of will of officials conducting criminal proceedings, but also purposefully to devastate the spiritual and moral principles of domestic criminal proceedings. However, domestic criminal proceedings are not conceivable without its inherent spiritual and moral principles. Thus, the study of the dialectic of Russian (Orthodox) freedom and the liberal ideology of criminal justice is relevant and timely. The purpose of the work is to substantiate the need for the formation of spiritual and moral consciousness among persons and bodies conducting criminal proceedings on the basis of the disclosure of spiritual potential embodied in Russian (Orthodox) freedom. The study also substantiated the scientific hypothesis according to which the liberal Freedom of the mind is a spiritual slavery aimed at killing all freedom as such. Materials and methods. This research is based on published spiritual and scientific knowledge (materials) available to the general scientific community about the ideological (essential) basis of Russian (Orthodox) freedom and the liberal ideology of Russian criminal justice. Russian Russian spiritual tradition (the spiritual pillars of Russian Orthodoxy), cultural and historical heritage and the system of traditional spiritual and moral values of our Fatherland have been used to realize the research tasks based on the use of the potential of the spiritual method of thinking and ideological and methodolog-ical tools, originating in their origins from the Russian (Russian) spiritual tradition (spiritu-al pillars of Russian Orthodoxy), cultural and historical heritage and the system of traditional spiritual and moral values of our Fatherland. The methodological potential of the research includes a system-activity approach and a cultural-historical method in solving the problem of dialectics of Russian (Orthodox) freedom and the liberal ideology of Russian criminal justice. Results. Taking into account the life of previous generations, the idea of the need to form the spiritual and moral principles of domestic criminal proceedings by revealing the spiritual potential of Russian (Orthodox) freedom is established and substantiated. Conclusions. The research carried out allowed us to substantiate the idea that the lack of understanding by the domestic science of criminal justice of the origins of Russian (Orthodox) freedom led (unfortunately, and still leads) to the fact that in the criminal pro-cedural sphere freedom is usually understood based on the postulates (ideologems) hostile, aggressive, spiritless, senseless and immoral liberal ideology (philosophy). Such a vector orientation of liberal ideology in understanding freedom contradicts the spiritual foundations (laws) of the life of our Russian (Orthodox) people. Russian criminal process is being destroyed by the liberal ideology with its hostile, aggressive, spiritless, senseless and im-moral potential. Their destruction inevitably entails the loss by domestic criminal proceedings of their inherent meaning and goals, as well as the depersonalization of officials conducting criminal proceedings.
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spelling doaj.art-d02f5eb5ecb84580a1475fb5b0051ccd2023-11-15T05:53:58ZengPenza State University Publishing HouseИзвестия высших учебных заведений. Поволжский регион: Общественные науки2072-30162023-11-01310.21685/2072-3016-2023-3-9Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral) Alexander V. Agutin0National Research Lobachevsky State University of Nizhny NovgorodBackground. The ideology embodied in the Criminal Procedure Code of the Russian Federation is a manifestation of diverse Western European liberal philosophies, teachings and concepts. In them, freedom was understood and is now understood as freedom of reason (subordination of the will to reason – formal logic). Subordination of the will to reason is the cornerstone of the liberal (rationalistic) paradigm of freedom in Russian cri-minal proceedings. Unlike the latter, Russian (Orthodox freedom), first of all, is the freedom of will (aspiration of the soul) of officials conducting criminal proceedings as mature individuals. It is also the centrifugal force of their aspirations and desires. In essence, the freedom of will of officials conducting criminal proceedings is the embodiment of the spir-itual and moral principles of the life of the Russian people in criminal procedural activities. It is not difficult to see: liberal freedom, with its potential, not only subordinates to formal logic the freedom of will of officials conducting criminal proceedings, but also purposefully to devastate the spiritual and moral principles of domestic criminal proceedings. However, domestic criminal proceedings are not conceivable without its inherent spiritual and moral principles. Thus, the study of the dialectic of Russian (Orthodox) freedom and the liberal ideology of criminal justice is relevant and timely. The purpose of the work is to substantiate the need for the formation of spiritual and moral consciousness among persons and bodies conducting criminal proceedings on the basis of the disclosure of spiritual potential embodied in Russian (Orthodox) freedom. The study also substantiated the scientific hypothesis according to which the liberal Freedom of the mind is a spiritual slavery aimed at killing all freedom as such. Materials and methods. This research is based on published spiritual and scientific knowledge (materials) available to the general scientific community about the ideological (essential) basis of Russian (Orthodox) freedom and the liberal ideology of Russian criminal justice. Russian Russian spiritual tradition (the spiritual pillars of Russian Orthodoxy), cultural and historical heritage and the system of traditional spiritual and moral values of our Fatherland have been used to realize the research tasks based on the use of the potential of the spiritual method of thinking and ideological and methodolog-ical tools, originating in their origins from the Russian (Russian) spiritual tradition (spiritu-al pillars of Russian Orthodoxy), cultural and historical heritage and the system of traditional spiritual and moral values of our Fatherland. The methodological potential of the research includes a system-activity approach and a cultural-historical method in solving the problem of dialectics of Russian (Orthodox) freedom and the liberal ideology of Russian criminal justice. Results. Taking into account the life of previous generations, the idea of the need to form the spiritual and moral principles of domestic criminal proceedings by revealing the spiritual potential of Russian (Orthodox) freedom is established and substantiated. Conclusions. The research carried out allowed us to substantiate the idea that the lack of understanding by the domestic science of criminal justice of the origins of Russian (Orthodox) freedom led (unfortunately, and still leads) to the fact that in the criminal pro-cedural sphere freedom is usually understood based on the postulates (ideologems) hostile, aggressive, spiritless, senseless and immoral liberal ideology (philosophy). Such a vector orientation of liberal ideology in understanding freedom contradicts the spiritual foundations (laws) of the life of our Russian (Orthodox) people. Russian criminal process is being destroyed by the liberal ideology with its hostile, aggressive, spiritless, senseless and im-moral potential. Their destruction inevitably entails the loss by domestic criminal proceedings of their inherent meaning and goals, as well as the depersonalization of officials conducting criminal proceedings.freedomorthodoxyrussian peopleliberalismideologycriminal proceedingsdialecticsmeaningspiritualitymoralitylack of spiritualitysenselessnessimmorality
spellingShingle Alexander V. Agutin
Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)
Известия высших учебных заведений. Поволжский регион: Общественные науки
freedom
orthodoxy
russian people
liberalism
ideology
criminal proceedings
dialectics
meaning
spirituality
morality
lack of spirituality
senselessness
immorality
title Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)
title_full Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)
title_fullStr Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)
title_full_unstemmed Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)
title_short Russian (Orthodox) freedom and the liberal ideology of criminal justice: the dialectic of conceptual (value-semantic – spiritual-moral) and erroneous (senseless, immoral)
title_sort russian orthodox freedom and the liberal ideology of criminal justice the dialectic of conceptual value semantic spiritual moral and erroneous senseless immoral
topic freedom
orthodoxy
russian people
liberalism
ideology
criminal proceedings
dialectics
meaning
spirituality
morality
lack of spirituality
senselessness
immorality
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