The constitutional duty of men and women in the legislation of the Russian Federation
The article examines the formation, development and modern definition of the concept of constitutional duty of Russian citizens, as well as the constitutional problems of its establishment depending on their gender identity. It is proved that the duty of a citizen in the Constitution of the Russian Federation creates conditions for violating the constitutional principle of gender equality established by part 2 of Article 6 of the Constitution of the Russian Federation. The object of the study is public relations regulating the relationship between the state and citizens on the issue of the latter's fulfillment of the constitutional duty established by part 1 of Article 59 of the Constitution of the Russian Federation. The subject of the study is the norms of constitutional, civil and criminal law, as well as law enforcement practice regulating the object of the study. The purpose of the study is to establish the correspondence of the constitutional duty of men and women to the constitutional principle of legal equality of the sexes. This goal determined the need to set and solve the following tasks: 1.To investigate the evolution of the concept of duty as a legal category. 2.To consider the formation and consolidation of the concept of duty in the constitutional law of Russia 3.Compliance of the constitutional duty of men and women with the constitutional principle of legal equality of the sexes. The study showed that there is no single approach to understanding duty in modern science, but an analysis of the evolution of its consolidation showed that the term duty is based on the duties of citizens. This term was first legislated in the USSR Constitution of 1936 and the Constitution of the RSFSR of 1937 in order to separate the constitutional duties of citizens of a bourgeois state from the duty of a citizen of a socialist republic. In the current understanding, the constitutional duty of citizens is attributed only to the protection of the Fatherland, however, this term is not a gender-neutral concept, since it is only a duty inherent exclusively to men.
Authors
- Oleg Yakovlevich Madatov
Publication Details
- Journal
- Genesis исторические исследования
- Published
- 2024-10-01
- DOI
- https://doi.org/10.25136/2409-868x.2024.10.68768
- Citations
- 1
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 4.07