Latin legal catchwords. Comparative characteristics of the Anglo-Saxon and continental (Romano-Germanic) systems of law Higher law higher injustice meaning

Students of our Academy learn Latin. And all these phrases are passed by heart .......

1. Dura lex, sed lex. - Harsh, but the law.
2. Iustitia - fundamentum regni. - Justice is the foundation of the state.
3. Summum ius - summa iniuria. - The highest right is the highest injustice.
4. Nemo iudex in propria causa. - No one is a judge in his own case.
5. Testis unus - testis nullus. - One witness is not a witness.
6. Usus est tyrannus. - Custom is a tyrant.
7. Nomen est omen. - The name is a sign.
8. Semel heres sеmper heres. - Once the heir is always the heir.
9. Applicatio est vita regulae. - Application is the life of the law.
10. Magna neglegentia culpa est, magnа culpa dolus est. - Great carelessness is negligence, great carelessness is intent.
11. Ex aequo et bono. - With goodness and justice. \ For justice and goodness.
12. In dubio pro reo. - Doubt in favor of the defendant.
13. Qui timetur, timet. - He is afraid of whom they are afraid.
14. Sine precio nulla venditio est. - There is no sale without price.
15. Naturam mutare pecunia nescit. - Money cannot change nature.
16. Invito beneficium non datur. - Good is not given against will.
17. Divide et impera. - Divide and rule.
18. Superficies ad dominum soli cedit. - Superficies goes to the owner of the land.
19. Ius est ars boni et aequi. - Law is the art of goodness and justice.
20. Non solet locatio dominium mutare. - Hiring is not in the habit of changing ownership.
21. Ipso iure. - By virtue of the law itself. / By the law itself.
22. Tertium non datur. - There is no third.
23. Contra bonos mores. - Against good morals.
24. Pacta tertiis nec nocent, nec prosunt. - Contracts do not harm or help third parties.
25. Socii mei socius meus socius non est. “My companion's companion is not my companion.
26. Pater is est quem nuptiae demonstrant. - The father is the one whom marriage indicates.
27. Nullus terminus falso est. - There are no boundaries of lies. / There is no limit to lies.
28. Eius est vеlle, qui potest nolle. - It befits the one who may not wish.
29. Cui bono est? - Who benefits?
30. Ibi potest valere populus, ubi leges valent. - There people can have power where laws are in force.
31. Cogitationis poenam nemo patitur. - No one is punished for thoughts.
32. Confessi pro iudicatis habentur. - Those who confess are considered convicted.
33. Iudicis est ius dicere, non dare. - It is proper for a judge to create a court, not to create a law.
34. Ab omni iudicio provocari licet. - For every judgment can be appealed.
35. Aeque in omnibus fraus punitur. - Lies are punished equally with respect to all.
36. Cui prodest? - Who benefits?
37. Heres, succedens in honore, succedit in onere. - The heir who inherits the good also inherits the burdensome burden.
38. Ira furor brevis est. - Anger is short-term madness.
39. Furiosus absentis loco est. - The madman is like the absent one.
40. Obligatio est iuris vinculum. - Obligation is the bond of law.
41. Male parta male dilabuntur.- Badly acquired bad dies.
42. Diligenter fines mandati custodiendi sunt.– The limits of orders must be respected.
43. Ad paenitendum properat, cito qui iudicat.– He hastened to repentance, he who judges hastily.
44. Abusus non tollit usum.– Abuse does not preclude use.
45. Est res sanctissima civilis sapientia. - The science of law is the most sacred business.
46. ​​Imperitia culpae adnumeratur. - Inexperience is considered a fault.
47. Lex prospicit, non respicit. - Law (...?)
48. Minus solvit, qui tardius solvit.– The one who returns the slower returns less.
49. In iudicando criminosa est celeritas.– In court cases, haste is criminal.
50. Optima est legum interpres consuetudo.– The best interpreter of laws is practice.
51. Pudor doceri non potest, nasci potest.– Shame cannot be learned, / he / can be born.
52. Sapere aude! - Decide to be wise!
53. Seditio civium hostium est occasio.– The revolt of the citizens is the fortune of the enemies.
54. Reus iisdem privilegiis utitur, quibus et actor. - The defendant enjoys the same rights as / enjoys / and the plaintiff.
55. Semper in dubiis benigniora praeferenda sunt.– Always in doubtful cases, softer / solutions / are preferred.
56. Tacito consensu omnium.– Thanks to the tacit consent of all.
57. Tironibus parcendum est. - New recruits should be spared.
58. Ubi iudicat, qui accusat, vis, non lex valet.– Where the one who accuses judges, violence, the law does not rule.
59. Verba cum effectu sunt accipienda.– Words should be perceived according to the result.
60. Tutor rem pupilli emere non potest.– The guardian cannot buy the ward's thing.

Aphorisms as figurative winged phrases expressing any generalized thought are found in legal science and practice. Various tropes (metaphors, comparisons, etc.) can act as aphorisms when they become catchphrases. These expressions include the expression of V. I. Lenin "violation of the law is a hole", many sayings of ancient Roman jurists, for example, "fiat justitia, pereat mundus" ("let justice be done, even if the world perishes"). Of course, if the last statement is taken literally, then it will be an expression of extreme formalism in the functioning of law. However, as an aphorism, it emphasizes the need and importance of legality in society, the value of justice. The aphorism “summum jus, summa injuria” is the opposite of the previous one: it warns against the extremes of formalism both in the content of law and in the interpretation and application of law. It is usually translated as “the highest law - the highest injustice” (a law brought to extreme formalism leads to lawlessness) or as “the strictest law is the greatest injustice” (in the sense that an overly strict interpretation of the law generates injustice) 353. Both of these aphorisms aim the lawyer at choosing a "golden mean" between the extremes of soulless legal formalism and legal nihilism.

And of course, aphorisms should not be given the importance of binding principles or methodological rules. A. Ya. Vyshinsky associated some of them with the formal legal method, which he rejected as unscientific and harmful. Thus, formalism “is not denied by bourgeois lawyers who adhere to the old rule - let the world perish, if only justice triumphs - their justice ... Soviet law alien of this kind"Principles" sacrificing the formal-dogmatic requirements of jurisprudence the requirements of life "354. But why is a socialist society and even more so any legal society could not have adopted this ancient aphorism in the struggle for the triumph of justice? And we can say: let justice prevail - our justice.

A. Ya. Vyshinsky unreasonably ranked among the formal legal method, "Covering up the class character of bourgeois justice", and the aphorism "dura lex, sed lex" ("the law is strict, but it is the law"). In his opinion, he “does not give flexibility in the application of the law. This is a convenient formula for an anti-popular court ”355. But such an aphorism can be assessed in the opposite way: this formula is obligatory for any court, if it is really a court, and not an arbitrariness body. It seems that the aphorism finds its place and proper understanding among others and in comparison. One can also quote the following aphorism: “Ubi jus incertum, ubi nullum” (“When the law is indefinite, there is no law”). These aphorisms are to some extent opposed to each other, express certain requirements for the law and its implementation. The first stands for the indisputability of the observance of any law (even bad), while the second does not consider some laws to be laws. But it would be naive to understand the second literally and on this basis to draw theoretical, and even more so practical conclusions.

Meanwhile, a literal understanding of aphorisms can be found in various sources. So, regarding the aphorism “quod pop est in actis, pop est in mundo” (“what is not in acts does not exist in the world”) M.

S. Strogovich asserts that “of course, this is not the case. What exists - exists, what did not exist, that did not exist, regardless of whether the investigation and the court managed to be convinced of this and correctly establish ”1. It seems that one should not imagine the ancient Roman lawyers as naive people. What is not proven cannot be the basis for a decision or judgment. What is not contained in the case, is not proven, does not seem to exist for the court. Our procedural legislation contains a rule: the court establishes a sentence (or decisions) only on the evidence that was examined in court session... Moreover, this metaphorical rule applies to the court of second instance. For her, there is only what is recorded in the documents of the case. When considering a case in cassation, as stated in the law, the court verifies the legality and validity of the verdict (decision) on the basis of the materials available in the case and additionally submitted. If we follow the literal understanding, then the aphorism "ponderantur testes, priest numerantur" ("witnesses are weighed, not counted") should be recognized as absurd. Meanwhile, this aphorism figuratively formulates the rule for evaluating evidence. It is clear, for example, that 10 witnesses who base their testimony on hearsay or give testimony about secondary circumstances of the case will not replace one eyewitness. On this score, there is a specific rule in the form of the aphorisms “testis de visu, praeponderat aliis” (“the eyewitness outweighs other witnesses”) and “oculatus unus plus valet, quam auriti decern” (“one eyewitness is worth more than 10 hearing witnesses "). Of course in this case we are not talking about the physical weight of an eyewitness and not about his value in money, but about the evidentiary power of his testimony, significance for the case, its value from a cognitive point of view. In addition to the aphorisms considered, let us cite the aphorisms of ancient Roman lawyers: "Salus populi suprema lex est" ("The blessing of the people is supreme law"); Lex est tutissima cassis (The right to eat the safest helmet); "Aeqior est dispositio legislation, quam hominis" ("The law decides more justly than man"); "Potentia debet sequi justitiam, non antecedere" ("Power must follow justice, not precede it"); “Nullum crimen, sine lege” (“There is no crime without an indication of the law”); "Minus solvit, qui tardius solvit" ("He who pays late does not pay"); "Qui cito dat, bis dat" ("Who gives quickly, gives twice").

Obviously, aphorisms have (and should have) a place in legal science and practice, but again on the condition that they should not be taken literally, that the thoughts contained in them should be expressed in more precise statements. In the aphorisms, it is not so much the semantic, epistemological function of the language that is manifested, but the praxeological one. For this reason, it is very unreasonable to equate even the most common aphorisms with axioms. A reference to the authority of G.V. Leibniz, who noted that the aphorisms of Roman law act as legal axioms, is unlikely to help here.

We have already become convinced of the "axiomatic nature" of these aphorisms. Understanding them literally would lead to absurdity, and considering opposing aphorisms as axioms would lead to their mutual exclusion. It should also be remembered that there are aphorisms of a negative plan: “The law is that the rod - where it turned, it went there”; "The judgment is not reason, but for judgment"; "The law is my desire"; "The fist is my police" and others. In them, in a peculiar form, the assessment of the corresponding legal institutions... They could be opposed with aphorisms of a different plan: "Law is the safest helmet"; “The judge is the speaking law,” etc. This aspect should also be taken into account, since assessments are known to vary with time and subject. And from these positions it is unreasonable to give aphorisms the status of axioms. Aphorisms are valuable as an additional means of expressing thoughts, influencing other subjects (reading or listening). The imagery of aphorisms facilitates the assimilation, understanding and memorization of the thoughts expressed in them. Often aphorisms legal science and practices are the fruit of the centuries-old thought of many generations of lawyers. This is, undoubtedly, a significant element of universal human culture in general and legal culture in particular, and here great merit belongs to the aphorisms of ancient Roman lawyers, where fundamentally important thoughts that characterize the features are concentrated and figuratively expressed. legal regulation... Aphorisms also appeared in subsequent times. These are, for example, the statements: “The effectiveness of punishment is not in its cruelty, but in its irreversibility”; “Violation of the law is a hole”; “Human - human, machine - machine”; "Principles are the soul of law"; "Law is the minimum of morality."

In conclusion, we note that aphorisms can play a role in the formation the rule of law, penetrating into the consciousness of citizens and officials, transforming into their actions, becoming an element of the legal culture of society. One can speak with certain assumptions about the aphorisms of the rule of law. Among them, besides those proclaiming legal values, we shall include the aphorisms of ancient Roman lawyers well-known in legal culture for a long time: “The welfare of the people is the highest law”; “Justice and good are the law of laws”; “The right enjoys justice”; “The law does not demand what is useless”; “No one can be smarter than the law”; “No one is above the law”; "The king (president) is under the law, not the law under the king (president)"; "The law is favorable to the active"; “The law helps those who are alert, not those who doze”; “The law decides more justly than a person”; “Laws sometimes sleep, but never die”; "The servant of the law must not flee or retreat"; “Justice knows neither father nor mother”; “Justice looks only at the truth”; “Loss of respect for judges destroys the state”; "Fulfillment is the fruit of the law."

Lesson topic : REALIZATION OF THE RIGHT

Lesson form : Business game (interactive method)

Goals: 1. Consolidation of the concept of "natural" and "positive" law;

2. Ability to apply normatively - legal basis to prove your opinion, assigning to the 2nd plan the emotional and psychological aspects.

3. Development of students' communicative competencies.

Lesson equipment : Map - task, map - an extract from the Constitution of the Russian Federation (Chapter II "Human and Citizen Rights and Freedoms", Articles 17-20, 38,41,45,55,60,64), Criteria for choosing a patient for a heart transplant

2. "Right" (basics legal culture) Pevtsova E.A. "Russian word - RS", 2006 - 176s.

During the classes

Motivation of the topic by the teacher:

The motto for our lesson today can be the Latin expression: "The supreme right is often the supreme injustice."

Let's remember what the right is.

RIGHT Is a system of generally binding rules of conduct, which are expressed in sources, established or sanctioned by the state, protected by it, their violation gives rise to legal responsibility.

For centuries right understood in different ways. Even thinkers of Antiquity (Socrates, Aristotle and others) and the Middle Ages (Aquinas) were of the opinion that there is natural and positive right. This theory finally took shape in the 18th century, it was supported by Rousseau, Montesquieu, and in Russia - by Soloviev, Radishchev and other thinkers.

right

Positive right

Natural law

On the blackboard there is a diagram in which it is necessary to put 2 types of rights and give them a definition.

Natural law - a set of values ​​and ideals that cannot be taken away from people due to the fact that they are donated by nature.

Positive (objective) law Is a system legal norms established by the state and expressed in the form of laws and regulations.

Law exists in a society consisting of various strata, groups, whose interests are not the same, and sometimes contradictory. Legal regulations support the public interest. They outline the values ​​that people strive to achieve. The law ensures order in public relations... V recent times in the first place are put forward such factors as human dignity, security of the state and the individual. The right is necessary for a person not only when a legal conflict arises, it is important for constructive, creative activity, protection of his health.

So today we will be participants in the everyday solution of a problem that is associated with a person's life and health.

You will become participants in a business game.

The essence of the game: You are the famous cardiac surgeons working at the Heart Transplant Center. Currently, the clinic has several patients in the state of moderate- this means that they can wait another two to three weeks for a transplant. But there is only one donor heart that is suitable for transplantation for each of the patients. You, the doctors, must decide who will undergo the next operation, formulating your choice according to the proposed algorithm of the criterion.

Teacher: informs on the tasks, progress and results of the game,

distributes patients in the order of the proposed list. Students must, according to the terms of the game, prove that it is their patient who is worthy of the first-priority operation. (10 minutes)

Students work with a package of documents: 1. card - the task "Heart transplantation"; (Appendix # 1)

2. The Constitution of the Russian Federation (excerpts) (Appendix No. 2);

3. Map "Criteria for selecting a patient for heart transplant" (Appendix No. 3).

Work in pairs (or mini-groups): "doctors" should discuss among themselves and later - voice their opinion.

The expert commission fills out the rating table during the consultation and decides which of the patients will be operated on.

The arguments of all groups are heard at the "meeting of the medical consilium". The expert commission fills out the rating table during the consultation and decides which of the doctors was more convincing and defended the right of their patient to the primacy of the operation, which of the patients will be operated on.

There is a discussion. The teacher does not influence the discussion, does not interfere with the conversation, only fixes for himself what will need to be discussed later with the students, what problems to pay attention to, to note the positive and negative moments that have manifested themselves in the course of the game. The teacher monitors the emotional background of the game. (20 minutes)

Lesson summary.

Correctness of the decision: the patient under No. 1 of the live list of admission to the Heart Transplant Center has the right to an operation. (Constitution of the Russian Federation, Art. 20)

Appendix # 1

THE GAME "HEART TRANSPLANTATION"

You are famous cardiac surgeons working at the Heart Transplant Center. Currently, the clinic has several patients in a state of moderate severity, which means that they can wait another two to three weeks for a transplant. But there is only one donor heart that is suitable for transplantation for each of the patients. You - doctors must decide who will undergo the next operation and formulate the criteria by which you made your choice.

List of patients admitted to the Heart Transplant Center

1. 
   Girl, 10 years old. Mentally retarded. Suffering from cerebral palsy.
2. 
   Male, 29 years old. Businessman. Got into a disaster, intoxicated. Can provide financial assistance to the clinic.
3. 
   Woman, 62 years old. Mother of six children.
4. 
   Male, 33 years old. The leader of a religious sect.
5. 
   Woman, 20 years old. Student. She repeatedly tried to commit suicide.
6. 
   Male, 42 years old. Yugoslav. Construction worker. Was injured while working in Russia.
7. 
   Woman, 49 years old. Doctor - oncologist, develops new means of treating cancerous tumors.
8. 
   Male, 37 years old. Deputy Minister of Finance, Jew. Father of two children.
9. 
   Woman, 22 years old. Sportswoman, gold medalist, member of the Olympic team.
10. 
    Male 31 years old. Policeman, wounded during the detention of a particularly dangerous criminal. Father. Pregnant wife.

CONSTITUTION OF THE RUSSIAN FEDERATION

(EXTRACT)

CHAPTER 2. FREEDOMS AND RIGHTS OF HUMAN AND CITIZEN

Article 17

1.B Russian Federation human and civil rights and freedoms are recognized and guaranteed in accordance with generally recognized principles and norms international law in accordance with this Constitution. 2. Basic human rights and freedoms are inalienable and belong to everyone from birth. 3. The exercise of human and civil rights and freedoms should not violate the rights and freedoms of others.

Article 18.

Human and civil rights and freedoms are directly applicable. They determine the meaning, content and application of laws, the activities of legislative and executive power, local government and provided with justice.

Article 19.

1. All are equal before the law and the courts.

gender, race, nationality, language, origin, property and official position 2. The state guarantees equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence and attitude to religion, beliefs, affiliation to public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

3. A man and a woman have equal rights and freedoms and opportunities for their realization.

Article 20.

1. Everyone has the right to life.

2.The death penalty may be imposed pending its abolition federal law as an exceptional measure of punishment for special serious crimes against life when the accused is given the right to have his case heard by a jury.

Article 38.

1. Motherhood and childhood, the family are under the protection of the state.

2. Taking care of children, their upbringing - equal right and the responsibility of the parents.

3. Able-bodied children over 18 years of age must take care of disabled parents.

Article 41.

1. Everyone has the right to health care and medical assistance. Health care in government and municipal institutions health care is provided to citizens free of charge at the expense of the corresponding budget, insurance premiums, and other receipts.

2. The Russian Federation finances federal programs protection and strengthening of public health, measures are being taken to develop state, municipal, private health systems, activities that promote human health, the development of physical culture and sports, environmental and sanitary-epidemiological well-being are encouraged.

3. Concealment officials facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law.

Article 45.

1. State protection of human and civil rights and freedoms in the Russian Federation is guaranteed.

2. Everyone has the right to defend their rights and freedoms in all ways that are not prohibited by law.

Art 55

1.The listing in the Constitution of the Russian Federation of fundamental rights and freedoms should not be interpreted as denying or belittling others universally recognized rights and freedoms of man and citizen.

2. In the Russian Federation, laws must not be issued that abolish or diminish the rights and freedoms of man and citizen.

3. The rights and freedoms of man and citizen may be limited by federal law only to the extent necessary in order to protect the foundations constitutional order, morality, health, rights, and legitimate interests other persons, ensuring the country's defense and state security.

1.A citizen of the Russian Federation can independently carry out in full their rights and obligations from the age of 18.

APPENDIX No. 3

MAP "CRITERIA FOR SELECTING A PATIENT FOR SURGERY"

Law exists in a society consisting of various strata, groups, whose interests are not the same, and sometimes contradictory. Legal regulations support the public interest. The right is necessary for a person not only when a legal conflict arises, it is important for constructive, creative activity, the protection of the personality of his health. In the course of the business game "HEART TRANSPLANTATION", students solve the problem of realizing a natural right - the right to life. The game is conducted while studying the topic "Natural and Positive Law", and always arouses keen interest and discussion among high school students.

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LESSON - PRACTICAL COURSE POLITICS AND LAW 11th grade

Lesson topic: REALIZATION OF THE RIGHT

Lesson form: Business game (interactive method)

Goals: 1. Consolidation of the concept of "natural" and "positive" law;

2. Ability to apply the regulatory and legal framework to prove one's opinion, relegating emotional and psychological aspects to the 2nd plan.

3. Development of students' communicative competencies.

Lesson equipment: Map - task, map - an extract from the Constitution of the Russian Federation (Chapter II "Human and Citizen Rights and Freedoms", Articles 17-20, 38,41,45,55,60,64), Criteria for choosing a patient for a heart transplant

2. "Law" (foundations of legal culture) Ye.A. Pevtsova. "Russian word - RS", 2006 - 176s.

During the classes

Motivation of the topic by the teacher:

The motto for our lesson today can be the Latin expression:"The supreme right is often the supreme injustice."

Let's remember what the right is.

RIGHT Is a system of generally binding rules of conduct, which are expressed in sources, established or sanctioned by the state, protected by it, their violation gives rise to legal responsibility.

For centuries right understood in different ways. Even thinkers of Antiquity (Socrates, Aristotle and others) and the Middle Ages (Aquinas) were of the opinion that there isnatural and positiveright. This theory finally took shape in the 18th century, it was supported by Rousseau, Montesquieu, and in Russia - by Soloviev, Radishchev and other thinkers.

right

Positive right

Natural law

On the blackboard there is a diagram in which it is necessary to put 2 types of rights and give them a definition.

Natural law- a set of values ​​and ideals that cannot be taken away from people due to the fact that they are donated by nature.

Positive (objective) lawIs a system of legal norms established by the state and expressed in the form of laws and regulations.

Law exists in a society consisting of various strata, groups, whose interests are not the same, and sometimes contradictory. Legal regulations support the public interest. They outline the values ​​that people strive to achieve. Law ensures order in public relations. Recently, such factors as human dignity, security of the state and the individual have come to the fore. The right is necessary for a person not only when a legal conflict arises, it is important for constructive, creative activity, protection of his health.

So today we will be participants in the everyday solution of a problem that is associated with a person's life and health.

You will become participants in a business game.

The essence of the game: You are the famous cardiac surgeons working at the Heart Transplant Center. Currently, the clinic has several patients in a state of moderate severity, which means that they can wait another two to three weeks for a transplant. But there is only one donor heart that is suitable for transplantation for each of the patients. You, the doctors, must decide who will undergo the next operation, formulating your choice according to the proposed algorithm of the criterion.

Teacher: informs on the tasks, progress and results of the game,

distributes patients in the order of the proposed list. Students must, according to the terms of the game, prove that it is their patient who is worthy of the first-priority operation. (10 minutes)

Students workwith a package of documents: 1. card - the task "Heart transplantation"; (Appendix # 1)

2. The Constitution of the Russian Federation (excerpts) (Appendix No. 2);

3. Map "Criteria for selecting a patient for heart transplant" (Appendix No. 3).

Work in pairs (or mini-groups): "doctors" should discuss among themselves and later - voice their opinion.

The arguments of all groups are heard at the "meeting of the medical consilium". The expert commission fills out the rating table during the consultation and decides which of the doctors was more convincing and defended the right of their patient to the primacy of the operation, which of the patients will be operated on.

There is a discussion. The teacher does not influence the discussion, does not interfere with the conversation, only fixes for himself what will need to be discussed later with the students, what problems to pay attention to, to note the positive and negative moments that have manifested themselves in the course of the game. The teacher monitors the emotional background of the game. (20 minutes)

Lesson summary.

Correctness of the decision: the patient under No. 1 of the live list of admission to the Heart Transplant Center has the right to an operation. (Constitution of the Russian Federation, Art. 20)

Appendix # 1

THE GAME "HEART TRANSPLANTATION"

You are famous cardiac surgeons working at the Heart Transplant Center. Currently, the clinic has several patients in a state of moderate severity, which means that they can wait another two to three weeks for a transplant. But there is only one donor heart that is suitable for transplantation for each of the patients. You - doctors must decide who will undergo the next operation and formulate the criteria by which you made your choice.

List of patients admitted to the Heart Transplant Center

1. Girl, 10 years old. Mentally retarded. Suffering from cerebral palsy.
2. Male, 29 years old. Businessman. Got into a disaster, intoxicated. Can provide financial assistance to the clinic.
3. Woman, 62 years old. Mother of six children.
4. Male, 33 years old. The leader of a religious sect.
5. Woman, 20 years old. Student. She repeatedly tried to commit suicide.
6. Male, 42 years old. Yugoslav. Construction worker. Was injured while working in Russia.
7. Woman, 49 years old. Doctor - oncologist, develops new means of treating cancerous tumors.
8. Male, 37 years old. Deputy Minister of Finance, Jew. Father of two children.
9. Woman, 22 years old. Sportswoman, gold medalist, member of the Olympic team.
10. Male 31 years old. Policeman, wounded during the detention of a particularly dangerous criminal. Father. Pregnant wife.

APPENDIX # 2

CONSTITUTION OF THE RUSSIAN FEDERATION

(EXTRACT)

CHAPTER 2. FREEDOMS AND RIGHTS OF HUMAN AND CITIZEN

Article 17

1. In the Russian Federation, human and civil rights and freedoms are recognized and guaranteed in accordance with the generally recognized principles and norms of international law in accordance with this Constitution. 2. Basic human rights and freedoms are inalienable and belong to everyone from birth. 3. The exercise of human and civil rights and freedoms should not violate the rights and freedoms of others.

Article 18.

Human and civil rights and freedoms are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.

Article 19.

1. All are equal before the law and the courts.

gender, race, nationality, language, origin, property and official position 2. The state guarantees equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence and attitude to religion, beliefs, affiliation to public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

3. A man and a woman have equal rights and freedoms and opportunities for their realization.

Article 20.

1. Everyone has the right to life.

2. The death penalty, pending its abolition, may be established by federal law as an exceptional punishment for especially grave crimes against life when the accused is granted the right to have his case tried with the participation of a jury.

Article 38.

1. Motherhood and childhood, the family are under the protection of the state.

2. Taking care of children, their upbringing is an equal right and responsibility of parents.

3. Able-bodied children over 18 years of age must take care of disabled parents.

Article 41.

1. Everyone has the right to health care and medical assistance. Medical assistance in state and municipal health care institutions is provided to citizens free of charge at the expense of the corresponding budget, insurance premiums, and other receipts.

2. In the Russian Federation, federal programs for the protection and promotion of public health are financed, measures are taken to develop state, municipal, private health systems, activities that promote human health, the development of physical culture and sports, environmental and sanitary-epidemiological well-being are encouraged.

3. Concealment by officials of facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law.

Article 45.

1. State protection of human and civil rights and freedoms in the Russian Federation is guaranteed.

2. Everyone has the right to defend their rights and freedoms in all ways that are not prohibited by law.

Art 55

1. The list of fundamental rights and freedoms in the Constitution of the Russian Federation should not be interpreted as a denial or diminution of other universally recognized human and civil rights and freedoms.

2. In the Russian Federation, laws must not be issued that abolish or diminish the rights and freedoms of man and citizen.

3. Human and civil rights and freedoms may be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights, and legitimate interests of others, to ensure the country's defense and state security.

Article 60.

1. A citizen of the Russian Federation can independently exercise their rights and obligations in full from the age of 18.

APPENDIX No. 3

MAP "CRITERIA FOR SELECTING A PATIENT FOR SURGERY"

Among the Roman jurists, a saying was born: "Let the laws prevail, even if the whole world perishes." Cicero, in turn, once said: "The highest legitimacy is the highest injustice." In July 1792, Robespierre declared in the Jacobin club: "We must save the state in any way: only that which leads to its destruction is unconstitutional."

Which of the following opinions on legality seems to you the most solid? Could not all three statements be true - each for its own time and social conditions?

I think that each of the statements can be true - each for its time and social conditions.

Thus, the statement "let the laws prevail, even if the whole world perishes" was the heraldic motto of Ferdinand I, the emperor of the Holy Roman Empire, and characterizes the situation when they want to ensure justice at any cost. And, as you know, Ancient Rome was a rule-of-law state, which suggests that the right for its citizens was above all. In turn, law is a set of norms and rules of behavior in a particular society, and law is a rule, a decree supreme power... Consequently, the law is, in part, and is the right. This means that if there is no law, then there is no Rome as a rule of law, that is, Rome cannot exist without law. The essence of the statement is as follows: you need to be ready to sacrifice absolutely everything for the sake of justice, since there is no point in existence without justice.

Robespierre was an uncompromising republican and simply longed for a revolutionary dictatorship, directed as against the restoration absolute monarchy and against the big bourgeoisie, therefore his statement "We must save the state in any way: only that which leads to its death is unconstitutional" was relevant from his point of view at that time. Robespierre left behind a blood-drenched France, but it was a country of victorious armies, a country in which the revival of absolute royal power was no longer possible.

Personally, I am closer to the statement of Cicero. True, his statement did not sound quite like that. He said: "The highest legality is the highest lawlessness." They were also told: "The extreme severity of the law is the extreme injustice." All this can mean that "the law (law), brought to the extreme formalism, - leads to lawlessness." That is, the performance of any action, thoughtlessly following the letter, and not the spirit of the law (rule), ultimately leads to absurdity and is a mockery of common sense. The law is the highest manifestation of human wisdom, using the experience of people for the benefit of society.