Ensuring the admissibility of evidence raises a number of problems both in theory and in practice. In this chapter, we will look at the most common of them and try to summarize the relevant opinions of scientists.

The main theoretical problems with regard to ensuring the admissibility of evidence include:

1. “Asymmetry” of rules on the admissibility of evidence.

The essence of this concept is that violations committed by the prosecution in the collection of evidence should not prevent their use in the interests of the defense See: Borulenkov, Yu. Decree. Op. // Criminal law. - 2014. - No. 1. - P. 56..

This theoretical problem evokes different attitudes. Some authors believe that the admissibility requirements should be the same for the parties. See: Anisimov, A. Admissibility of evidence / A. Anisimov // Legality. - 2010. - No. 10. - P. 35.. According to others, “asymmetry” should operate with certain restrictions See: Borulenkov, Yu. Decree. Op. // Legality. - 2013. - No. 9. - P. 32..

It seems to us that a fair approach to this problem would be one that involves assigning “damages of proof” to the party through whose fault they occurred.

2. Insufficient development of the “rule of exception” in the criminal process of Russia.

This rule is intended to prevent violations by criminal prosecution bodies of the constitutional rights of citizens through the threat of recognizing the results of procedural actions that are important for the prosecution as inadmissible evidence. This rule is endowed with a number of specific features See: Shestakova, S. Admissibility of evidence in criminal proceedings in Russia and the USA / S. Shestakova // Criminal Law. - 2014. - No. 3. - P. 100.:

1) it applies only to violations of the constitutional rights of citizens committed only by criminal prosecution bodies;

2) it is intended to restore the balance of procedural capabilities of the prosecution and defense parties to defend their procedural interests, which was violated by the illegal restriction of the rights of citizens.

This concept operates successfully in US criminal proceedings, while Russian criminal procedural law, which adopted this rule, did not provide real mechanisms for its functioning.

According to S. Shestakova, this is due to a number of reasons. See: Ibid. - P. 100 - 101.:

a) too broad interpretation of this rule at the level of national legislation;

b) fundamental differences in the construction of evidentiary law in Russia and the United States of America;

c) limiting the possibilities for creating mechanisms that provide flexibility for the rule in question;

d) insufficient consideration of the features of this rule, which we listed above.

It is worth saying that this problem requires a solution first at the theoretical and legislative level, which will lead to a solution to the negative consequences arising from it that arise in practice. In this case, the domestic legislator can only be helped by a more complete and adapted for Russia reception of the “rule of exception.”

3. The problem of the relationship between the concepts of admissibility and reliability of evidence.

This problem is due to the fact that a number of authors confuse the concepts of admissibility and reliability, and some even propose to combine these concepts into one common one. In this case, we agree with the opinion of Tatyana Shapovalova, who emphasizes the lack of identity of these concepts. Admissibility is the compliance of the form of evidence with the requirements of the law for a number of important characteristics, while reliability is the correspondence of the reality of their content See: Shapovalova, T. Decree. Op. - P. 98.. Based on these conclusions, it can be argued that the indicated properties of evidence are independent, but at the same time, of course, interrelated. The relationship between admissibility and reliability depends on deciding what social values ​​the institution of admissibility of evidence is intended to protect. It is also worth saying that recognizing evidence as admissible does not prejudge the question of its reliability, and a conclusion about admissibility precedes a conclusion about reliability, but does not replace it. See: Ibid. - P. 101..

As for the practical problems associated with ensuring the admissibility of evidence, the following can be identified among them:

1. Should all violations of the law entail the inadmissibility of evidence and, accordingly, deprivation of its legal force?

The answer to this question is defined differently by different scientists. I.I. Mukhin proposes to consider evidence inadmissible in case of any violation of the law. M.L. Yakub, on the contrary, believes that the evidence cannot be left without consideration on its merits, rejecting it as inadmissible See: Pobedkin, A.V. On some problems of determining the admissibility of evidence in criminal proceedings / A.V. Pobedkin // State and law. - 2011. - No. 7. - P. 54.. O.V. Khimichev and R.V. Danilov subdivide violations into those that entail the inadmissibility of evidence in any case and insignificant violations See: Ibid. - P. 54.. However, all these are the opinions of scientists, while problems actually arise in practice.

At the same time, the Code of Criminal Procedure solves this problem with the help of imperative instructions provided for in Part 1 of Article 75, which do not allow us to go into the assessment of a particular violation of the law committed during criminal proceedings. That is, if any, even the most insignificant, deviation from the law is revealed when collecting and securing evidence, then its cancellation with all the ensuing consequences is inevitable. See: Borulenkov, Yu. Decree. Op. // Criminal law. - 2014. - No. 1. - P. 56..

At the same time, it is worth saying that the opinion of the Supreme Court of the Russian Federation, expressed in various decisions, is by no means always consistent with the opinion of the legislator. This subject very often indirectly indicates that not any violation of the law initially predetermines the possibility of declaring evidence inadmissible, but only directly related to the procedural form of collecting and recording information established by the legislator, the violation of which gives rise to irremovable doubts about the truth of the content of evidentiary information. This position is also shared by most practitioners.

In our opinion, to solve this problem it is necessary to harmonize legislative and practical provisions so that persons who in any way take part in the criminal process know exactly what evidence is inadmissible.

2. Is it possible to recognize as admissible evidence obtained during a search and seizure if the very decision to conduct these investigative actions raises doubts about its validity?

This problem is associated, first of all, with the performance of these actions in the home, which is regulated by part 5 of article 165 of the Code of Criminal Procedure of Russia. In practice, situations sometimes arise when the basis for the corresponding decision of the investigator, formalized by his resolution, is not evidence, but data of an operational investigative nature that cannot be verified, which makes it impossible to determine whether the specified decision is justified. In this case, judges usually recognize evidence obtained in this way as inadmissible See: Shafer, S.A. Decree. Op. - P. 52.. Then another question arises - what if the objects and documents seized in this way have clear evidentiary value? And at the same time, the objectivity of the properties of these things is beyond doubt.

In our opinion, this problem requires an explanation from the Supreme Court of Russia on this issue. Then, perhaps, discrepancies in practice will cease to exist.

3. The problem associated with establishing the advantage of the prosecution when considering the request of interested parties to exclude evidence, the admissibility of which is in doubt.

This problem arises quite often in practice, since most often the court is in no hurry to exclude the specified evidence, based on the fact that the check to which it was subjected at the preliminary investigation stage is sufficient to recognize the evidence as admissible. Most often this is true. Moreover, the constitutionality of the provisions of Articles 234 and 236 of the Criminal Procedure Code of the Russian Federation was confirmed at the level of the Constitutional Court of Russia.

In its Ruling No. 1258-О-О dated October 13, 2009, this court clearly stated that “refusal of a request to exclude inadmissible evidence and re-examination of this issue at the trial stage cannot be equated to use in criminal proceedings evidence obtained in violation of the law, which means the substantiation by such evidence of decisions to establish circumstances relevant to the criminal case" On the refusal to accept for consideration the complaint of citizen Andrey Anatolyevich Tokmantsev about the violation of his constitutional rights by a number of provisions of the Criminal Procedure Code of the Russian Federation: definition Constitutional Court of the Russian Federation No. 1258-О-О dated 10/13/2009. - Access mode: SPS “Consultant Plus”. - P. 2.3..

In this regard, we completely agree with the opinion of the Constitutional Court and do not share the opinion of those practitioners who challenge it.

In conclusion of this chapter, I would like to conclude that the topic we are studying raises many different problems both in theory and in practice. The solution to these problems, in our opinion, will depend on establishing uniformity of opinions between the legislator and the highest judicial authorities, which will increase the efficiency of procedures for ensuring the admissibility of evidence.

Modern society is increasingly becoming a society of experts, specialists with special knowledge and skills. This tendency of society towards specialization gives rise to unprecedented independence, independence or, as they also say, autonomy of professional groups, which, in turn, gives rise to a lot of ethical problems.

One of them is related to the existence of professional codes of ethics. These codes sometimes impose requirements on members of the profession that are not always compatible with the requirements of universal ethics, as well as with the principles of loyalty and submission to the orders and requirements of the organization in which these specialists work. For example, in some cases, the management of a firm may require that a lawyer provide information that, in accordance with the code of professional ethics, is confidential. Therefore, professional codes, as well as the activities of professional groups themselves, require public control. Professional codes should not be the source of any special ethics that would allow members of professional groups to “do what others” do is immoral. For example, lawyers may not lie, deceive, or mislead anyone in order to assist and protect their clients.”

Another problem is related to the existence of a special responsibility of the profession to society. According to the French specialist in the field of general theory of law J.-L. Bergelya, a lawyer, “has no right to be either a simple clerk, doomed to slavishly and scrupulously following all points of the existing regulations, or a half-educated wizard whose stupidity becomes the cause of illogical and unforeseen events.” Lawyers must take care of the safety and stability of relationships between people even when they are not entirely satisfied with the existing order.

The legal profession is commonly called a liberal profession. Traditionally, society provides free professions with greater autonomy than, for example, crafts or business. This is expressed in the fact that society weakens its control over the activities of representatives of liberal professions, demanding in return service for the benefit of society, the implementation of internal professional control, the establishment of stricter and morally higher standards and rules of behavior compared to the rest of society. The weakening of public control is reflected in the fact that the profession can establish its own rules, disciplinary norms and standards of competence and professionalism, regulate the access of new members to its ranks, formulate its tasks, etc.

What does it mean in relation to the legal profession to establish higher moral standards and rules of conduct? As a rule, no one expects that businessmen and workers will work for free. Lawyers are expected to provide services and defend even those clients who cannot always pay for their work. They must also be willing to work as long as their professional duties require, at any time of the day or night, and to maintain high standards of personal and professional conduct: being more disciplined, refraining from inappropriate behavior and being models of ethical behavior, not considering legal profession as an ordinary business associated with obtaining high incomes and profits.

Another ethical problem of the autonomy of the legal profession is the establishment of higher moral standards and rules of conduct? As a rule, no one expects that businessmen and workers will work for free. Lawyers are expected to provide services and defend even those clients who cannot always pay for their work. They must also be willing to work as long as their professional responsibilities require, at any time of the day or night, and to maintain high standards of personal and professional conduct: being more disciplined, refraining from inappropriate behavior, and being models of ethical behavior, not to consider the legal profession as a regular business associated with obtaining high incomes and profits.

Another ethical problem of professional autonomy is related to the fact that, having specialized knowledge and exclusive access to this knowledge, members of a professional group may be tempted to use it for personal gain at the expense of the population. Here, internal control over the activities of members of professional groups and external control are also necessary so that society can be confident that the profession exercises self-government well enough and contributes to public welfare.

The next problem concerns the formation of codes of professional ethics. Codes provide guidelines for the activities of members of a professional group, defining specific prohibitions, procedures, ideals and taking into account the main ethical issues they face. The provisions of the codes must be critically assessed and revised from time to time. In our country, the process of developing and adopting codes of professional ethics, including the ethics of legal professions, is just beginning. Some codes do not accurately reflect the real problems and standards of behavior of persons in a particular profession; they are not specific, do not contain provisions related to monitoring the implementation of the requirements and principles stipulated in them, etc.

In order to serve as the basis for the autonomy of a profession, the code must have certain properties. Firstly, it must contain provisions that reflect those specific temptations inherent in this particular profession that its representatives may experience, those unethical methods of doing business that undermine its prestige in the eyes of society. Secondly, the code should regulate the practical activities of members of the profession, and not just encourage and inspire them to take certain actions. Some codes are simply a declaration of ideals, while they should be disciplinary in nature, include a system of their own enforcement and sanctions against violators of the requirements formulated in them. Thirdly, the code should not be a means of self-service for the profession, but should protect the interests of society and clients.

The main ethical problems and principles of professions are sometimes regulated by the state in the texts of laws. In turn, professional associations provide forums and meetings at which members of the professional community can raise ethical issues that the profession or association faces or may face. These problems and methods for solving them are generalized, and in the form of standards, principles, rules and norms of professional ethics they begin to control the behavior of members of a professional group. In addition to the rules themselves, codes include various rationales for them, the sources of which, in particular for legal ethics, are:

laws and other regulatory legal acts, including international ones;

cases (precedents) from the practice of bringing representatives of the legal profession to disciplinary liability for violating ethical standards;

descriptions and arguments formed directly in the practice of legal communities.

arguments and models of reasoning that are “born” in the depths of applied ethics and represent the provisions and conclusions of theoretical ethics, formulated in such a way that they can help in solving practical problems.

professional ethical moral lawyer

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Translation of "this problem is related to" in Chinese

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This problem is related to the sovereign right of countries to create their own system of administration of justice.

The issue touched on the sovereign right of a country to establish its own judicial system.">

This problem is related to the difficult economic situation that resulted from the collapse of the Soviet Union and appears to have had a more negative impact on men's health.

The problem has been linked to the economic hardship following the collapse of the Soviet Union which appears to more negatively affect men's health than women's.

The problem has been linked to the economic hardship following the collapse of the Soviet Union which appears to more negatively affect men"s health than women"s.">

This problem is related to the fact that public associations in Kazakhstan are divided depending on the territorial scope of their activities into:

This problem is related to the procedures for reviewing the Group's reports in participating organizations, the timing and manner in which such reports are submitted to the relevant legislative bodies and the lack of adequate monitoring of the implementation of decisions taken.

The problem can be traced to procedures followed by the participating organizations in treating the Unit's reports, when and how they present them to their legislative bodies and what they do with the decisions taken.

The problem can be traced to procedures followed by the participating organizations in treating the Unit"s reports, when and how they present them to their legislative bodies and what they do with the decisions taken.">

It is clear that the least well-off segments of the population suffer disproportionately from the lack of legal protection, which suggests that this problem is related to socio-economic structure of society (...).

Legal insecurity clearly affects the lower income strata more severely, so that it is considered that the problem is related to the socio-economic structure of society (...).

The problem is related to the socio-economic structure of society (...).">

It came to the conclusion that this problem is related to implementation of the decision of the Ministry of Justice in a specific case and cannot be resolved by the decision of an administrative structure such as the Ministry of Justice.

It concluded that the problem involves the enforcement of the Justice Ministry"s ruling over the case and cannot be resolved by the decision of the Administration alone such as the Ministry of Justice.

The problem involves the enforcement of the Justice Ministry"s ruling over the case and cannot be resolved by the decision of the Administration alone such as the Ministry of Justice.">

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Fourth aspect this problem is related to such illegal activities as drug trafficking, movement of persons, weapons, smuggling, terrorism, etc.

A fourth aspect has to do with illicit activities such as drug trafficking, trafficking in people and arms, smuggling, terrorism, etc.

Aspect has to do with illicit activities such as drug trafficking, trafficking in people and arms, smuggling, terrorism, etc.">

Therefore Finland offers two different solutions this problem, related to using fiberglass tanks in cold climates.

This problem of cold climatic areas and the fiber-reinforced plastic tanks.">

This problem directly related to the problem right-wing extremism and racial hatred, since members of football fan groups most prone to such actions regularly take part in demonstrations and marches of extremist associations.

The issue of spectator violence is directly of rightist extremism and racial hatred, as members of the most risky football fan groups regularly participate in demonstrations and marches organized by extremist groups.

The issue of spectator violence is directly blended together with the issue of rightist extremism and racial hatred, as members of the most risky football fan groups regularly participate in demonstrations and marches organized by extremist groups.">

The information obtained through the questionnaire allowed the identification of best practices cross-country, as well as conceptual, methodological and data problems, Related measuring human capital.

Information from the questionnaire identified best practices across countries, as well as conceptual, methodological and data-related issues associated with human capital measurement.

Data-related issues associated with human capital measurement.">

In this regard, the Special Rapporteur would like to emphasize that this problem Not associated with is an attempt to find an international definition of "indigenous peoples" and cannot be resolved in this way.

In that regard, the Special Rapporteur would like to emphasize that this is not a problem resulting from, or which can be resolved by, attempting to arrive at an international definition of "indigenous peoples".

This is not a problem resulting from, or which can be resolved by, attempting to arrive at an international definition of "indigenous peoples".">

If some aspects this problem is related to political measures by States Members of the United Nations, then others connected with information gathering, analysis and early warning activities, for which the mandate of the Special Adviser on the Prevention of Genocide was specifically established.

While some aspects of the problem involves the political responses of States Members of the United Nations, others involve the information collection, analysis and early warning function for which the mandate of the Special Adviser on the Prevention of Genocide was specifically created.

The problem involves the political responses of States Members of the United Nations, others involve the information collection, analysis and early warning function for which the mandate of the Special Adviser on the Prevention of Genocide was specifically created.">

knowledge about ignorance; conscious formulation of questions that arise in the course of cognition and require answers (because they are of theoretical and practical interest), which includes two main points (stages of the movement of cognition): asking questions and solving them.

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PROBLEM

an attribute of human existence and activity, which manifests itself as a difficulty in its continuation, requiring comprehension and reflection. According to X. Ortega y Gasset, “the main thing in the phenomenon of Life is its vague character, its essential problematic nature. Everything stems from this, but first of all, philosophy. Therefore, philosophy always has its own special problem.” The problematic nature of human existence is manifested in its inconsistency, uncertainty, unpredictability, and riskiness; it is the ontological basis of any form of its comprehension and understanding: artistic, religious, scientific, philosophical, which are fixed in various types of antinomies, questions, tasks, paradoxes, etc.

From view system analysis, P. is a purposeful state with which a purposeful individual is not satisfied and in which he has doubts as to which of the available methods of action will change this state to a satisfactory one (R. Ackoff, F. Emery). In the epistemological aspect, P. is an ideal reflection of a real problem situation (practical and/or cognitive). A problematic situation arises as a discrepancy between: a) the goal and the means of achieving it; b) the purpose and results of activities; c) the necessity and possibility of some action (individual or social); d) existing and proper. This discrepancy can escalate into a contradiction (including antagonistic). From view psychology, the emergence of a problem situation and its subsequent transformation into the original P. characterize the initial stages of the thinking process. The philosophical tradition (Socrates, Augustine, N. Cusanus, etc.) is characterized by the understanding of philosophy as knowledge of ignorance. The philosophers of Ancient Greece expressed this understanding in the form of the following paradox of thinking: how can we look for what we do not know, and if we know what we are looking for, then what else should we look for? Modern cognitive psychology resolves this paradox by pointing out that the “all or nothing” law does not apply here.

The entire life activity of society (nations, classes, organizations, etc.), as well as individuals, in a certain respect, represents a dialectical process of formation and resolution of P. “The emergence and solution of problems, like systole and diastole - two phases of the cardiac cycle, determine the nature of the beat the pulse of life of the entire social organism" (V.I. Kutsenko). Social P. is a form of existence and expression of the need for society to carry out certain activities. In a narrower sense, social P. is a form of existence and expression of the contradiction between the already mature need for certain social actions and the still insufficient conditions for its implementation. The internal foundations of social psychology - social necessity, need, interest, contradiction - “convey” to it such a fundamental characteristic as objective character. The independence of social politics from the will and consciousness of people is emphasized in modern Marxist philosophical literature (See: Kutsenko V.I. Social problem: genesis and solution. Kyiv, 1984). Based on other grounds, J. Deleuze also emphasizes the objective nature of P.: “The problematic is both an objective category of knowledge and a completely objective type of being.” He calls for “an end to the old habit of thought regarding the problematic as a subjective category of our knowledge” (Deleuze J. The Logic of Sense. M., 1995, p. 76). The search for ontological foundations for the problematic nature of human life is very relevant. E. Fromm wrote: “Man is the only animal for whom his own existence is a problem; he must solve it, and he cannot hide from it.” According to E. Fromm, the basis of the problem is the loss of the harmonious unity of man and nature. In the search for these foundations, in our opinion, the ontology of I. Hartmann and the ideas of synergetics are very promising. In modern philosophical and methodological literature, the project of creating problemology is discussed and partially implemented - a special discipline within the framework of general scientific methodology designed to systematically describe and explain the patterns of emergence, functioning and development of diverse types of P.: scientific and philosophical, social and existential-personal, global, regional and unique etc. A generally accepted typology of P. has not yet been developed.

Scientific research is a form of organization and development of scientific knowledge. Historically, Aristotle's Gopika (384 - 322 BC) should be considered the first work on problemology. According to Stagirite, the thesis and P. are subjects of dispute: “... the thesis is a problem, but not every problem is a thesis...” (Aristotle. Works. In 4 vols. T. 2 p. 361). In dialectical P. both alternatives must be clearly formulated. He distinguished between practical and cognitive P.: “A dialectical problem is a task posed either for the sake of choice and avoidance, or for the sake of (achieving) truth and for the sake of knowledge...” (ibid., p. 360), as well as independent and auxiliary P. Aristotle developed a classification of P. and forms of their refutation.

The etymology of the term “problem” (as a synonym for “task”) is usually derived from the Greek verb “ballein” - to throw, i.e. P. is “an object thrown forward” (object). The Neoplatonist Proclus (5th century), commenting on Euclid's Elements, contrasted theorems and geometry; for him, philosophy is a practical (within the framework of geometry) task that is performed in a certain way, and it is necessary to find these methods, invent them and fulfill the required construction (by no means the only possible one). The prehistory of problemology largely coincides with the history of the formation of the logic of questions and answers. The fundamental ideas were put forward by R. Descartes, G. W. Leibniz and I. Kant (antinomies of pure reason).

In philosophy and science of the 20th century. interest in the study of scientific logic arises as a result of overcoming the crisis in the foundations of mathematics (the work of A. Poincaré and D. Hilbert), under the influence of the achievements of mathematical logic (in particular, the calculus of problems constructed by A. N. Kolmogorov in 1932, and the development of the theory of algorithms - works of K. Gödel, A. A Markov, P. S. Novikov, etc.), cybernetics (“artificial intelligence”), cognitive psychology, systems analysis, history and methodology of science. A significant contribution to the development of problemology was made by the works of D. Polya, K. Popper, I. Lakatos, L. Laudan, Z. Tsatskovsky and others, in the domestic literature - the works of V. F. Berkov, V. M. Glushkov, V. N. Karpovich, P. V. Kopnin, M. S. Burgin and V. I. Kuznetsov, E. S. Zharikov, V. E. Nikiforov, L. M. Friedman and others.

Scientific structure?. includes the following elements: a) prerequisite knowledge of all levels (special scientific, methodological, ideological, tacit); b) the central question of scientific research; c) imperative - a requirement to resolve this issue; d) a preliminary image of the desired solution. It is obvious that scientific research cannot be reduced to a question. Scientific research is a system of knowledge that reflects a problematic situation and its sociocultural background, has a personal meaning for the researcher and is accepted (or rejected) by the scientific community. This is a developing, open, ordered system of research problems, characterized by uncertainty in the methods and results of solution. From this point of view, the research task is the ur-phenomenon of scientific knowledge, its “living cell,” and scientific research is a multicellular “organism” in the external environment.

The functioning of scientific research is determined by the fact that it is a “perpetual motion machine” of scientific knowledge, the source of its self-organization and self-development. In the process of research, scientific research performs the following functions: a) determining—it determines the direction of research and encourages it; b) integrative - acts as a form of integration of scientific knowledge; c) systematizing. In addition, a functional typology of scientific P. is possible, in which P. descriptions, explanations, predictions, and praxeological P. are distinguished ("How to do this?"). The last type of P. in modern natural science apparently dominates (P. of controlled thermonuclear fusion, high-temperature superconductivity, “artificial intelligence,” etc.).

The development of scientific knowledge is described as a set of states and processes that form a movement towards new knowledge. This set can be ordered on different grounds: by stages of problematization of knowledge, by functional types of knowledge, by stages of research, etc. According to K. Popper, the growth of scientific knowledge is described by the following scheme: P, - TT - EE - Ru where P , - the original scientific P., TT - "trial theories", EE - the stage of "elimination of errors", R, - the new scientific P. This scheme relativizes the development of science. For the above technologically oriented programs, another scheme is more adequate: scientific research generates a research program that is realized in cognitive and practical results.

The concept of a research program entered the methodology of science after the work of I. Lakatos in 1968 - 70, but in the reflection of scientists it has been functioning for a very long time and is embodied in the form of program work. The effectiveness of a research program can serve as an indicator of the potential truth of the scientific philosophy that gave rise to it. These concepts are used in the methodological analysis of scientific progress. For example, in L. Laudan’s model, the criterion for progress is maximizing the volume of solved empirical problems while minimizing the volume of anomalies and conceptual problems. This direction of problemology is in the process of formation.

Philosophical philosophy is a form of organization and functioning of historically changing philosophical knowledge. The fundamentally irreducible diversity of philosophical trends, systems, schools, etc., the absence of unilinear progress in the history of philosophy lead to ambiguous interpretations of the nature of philosophical principles. Nevertheless, it is possible to identify some relatively invariant characteristics of the philosophical philosophy. 1. Existential rootedness. A. Schopenhauer proclaimed: “Peace, peace, donkeys! - that is the problem of philosophy, peace and nothing more!” Among the ancient Greeks, the symbol of philosophy was the goddess - the messenger Iris (daughter of Thaumant - “Wondering”), because she asked about existence. Deontologization of a philosophical system ends with its collapse. 2. The existential and personal significance of philosophical literature for its producer and researcher. “Philosophy is what the philosopher himself is,” Fichte noted. Understanding philosophical philosophy is impossible without identifying its life roots, including those that are in the thinker’s lifestyle, the make-up of his soul, the characteristics of his biography, etc. “The solution to the life problem that confronts you is in the lifestyle that leads to to the fact that the problematic disappears,” wrote L. Wittgenstein. 3. Fundamentality. It is inherent in philosophical philosophy, since philosophical reflection is a search for foundations. “In every metaphysical question... every time the questioning human existence is also included” (M. Heidegger). 4. Systemic unity of the subject, operational and value aspects of philosophical philosophy. The system of basic intellectual operations is determined not only by the properties of the subject, but also by the aspirations of the subject. According to D.V. Pivovarov, the basic question of philosophy crystallizes the basic mental operations from which various philosophical doctrines grow and which give these doctrines specific operational meanings. 5. Synthesis of the eternal and transient, invariant and variable. Like “eternal images” in art, there are “eternal” P. in philosophy (for example, P. of truth, freedom, good, etc.), which does not deny their specific historical originality. The principles posed by ancient thinkers are not only understandable to modern philosophers, but also continue to excite them: they are eternal, since they always retain their significance for humanity. “Do I want to say: he who lives only in the moment is simply blind as a mole; if he were able to see clearly, he would see the problem?” (L. Wittgenstein). 6. Holographic coherence of philosophical P. DRU!" with a friend (according to the principle of "everything with everything"). "No one, it seems, even realizes how closely many abstract questions are connected not only with the important interests of human life, but also with the very existence of this life. ...And yet this is so" (V.V. Rozanov). M. Heidegger wrote: "The closer we come to danger, the brighter the paths to salvation begin to shine, the more questioning we become. For questioning is the piety of thought." The problematic nature of the philosophical mind will always attract thinking people. (See "Question and Answer.")

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The relevance of the problem of tolerance is due to the fact that today the values ​​and principles necessary for common survival and free development are coming to the fore. “Tolerance is what makes it possible to achieve peace and leads from a culture of war to a culture of peace,” says the Declaration principles of tolerance adopted by the General Conference of UNESCO in 1995. Tolerance is peacefulness, tolerance of ethnic, religious, political, confessional, interpersonal differences, recognition of the possibility of equal existence of the “other”

Tolerance is a human virtue: the art of living in a world of different people and ideas, the ability to have rights and freedoms, without violating the rights and freedoms of other people. At the same time, tolerance is not a concession, condescension or indulgence, but an active life position based on the recognition of others.

I propose to determine the degree of your tolerance (at least approximately) as follows. Answer quickly, without thinking about the questions: 1. Are you unpleasant in a situation in which you have to abandon a plan that you thought through because someone else proposed the same plan: a) yes; b) no. 2. You are offered to start the game. Do you prefer: a) that only those who play well participate in the game; b) so that those who do not know the rules of the game can also participate in the game. 3. You calmly accept news that is unpleasant for you: a) yes; b) no.

4. Do you dislike people who are drunk and walking around in public places: a) I don’t care if they don’t cross acceptable boundaries; b) I always dislike people who have poor control over their behavior. 5. Do you find a common language with people who do not belong to your circle (have a different social status, adhere to different cultural and religious traditions than you): a) for me this is quite difficult, we will speak different languages; b) I don’t think that his religion, social status or level of education will play a significant role in establishing contact. 6. When people make fun of you, you: a) get angry, the joke and the joker himself are unpleasant to you; b) try to answer adequately in the same joking tone.

7. The thought often occurs to you that many people “are sitting in the wrong place” or “doing their own thing”: a) yes; b) no. 8. You brought a new person into your company, and he became the object of everyone’s attention, they almost forgot about you: a) you are unpleasant that in this way you were deprived of attention; b) you are glad that your new friend is well received by your old friends. 9. While visiting, you meet an elderly man who speaks unflatteringly about modern youth and extols the old days. How do you react: a) leave early under a plausible pretext, since this conversation is not interesting to you; b) you get into an argument and get nervous, proving that modern youth are not bad at all.

The result is calculated as follows: For answers: 1 b, 2 b, 3 b, 4 a, 5 b, 6 b, 7 b, 8 b, 9 a, award yourself 2 points and add them up. If you received: 14-18 points - you are able to defend your 0-4 points - firmness of conviction, flexibility and 6-12 points - you can be characterized as a person with tact harmoniously combined. It's wonderful to be stubborn and adamant. The desire to impose your beliefs, and what is commendable is that you are capable of leading, you are able to accept any idea, you are trying to understand the opinions of others, the opinions of your interlocutor, and you change the dialogue, taking into account that prevails over reason. You can even dissent, treat with understanding and even allow for a raised tone. People who have their own beliefs, if necessary. But you don’t always appreciate the varied actions of people. You are also capable of thinking differently than you do, you are often frustrated, you manage to be tolerant, sometimes you get irritated, and therefore, self-criticism; no, and at such a moment you are most likely able to, it is difficult for you to admit the correctness of your sharp objections, you are afraid to maintain a normal interlocutor, if possible, a conflict-free relationship. It is difficult for you to achieve more agreement, worthy of forgetting that victory will understand that your opinion was wrong. with that way. that people have the right to act and think differently than you.

Russian President V.V. Putin developed the program “Educating the Young Generation in the Spirit of Tolerance.” The program is aimed at developing a tolerant consciousness and preventing national extremism, including anti-Semitism in civil society.

Thus, the problem of tolerance can be classified as an educational problem. The problem of communication culture is one of the most acute in school, and in society as a whole. Understanding perfectly well that we are all different and that we must perceive another person as he is, we do not always behave correctly and adequately. It is important to be tolerant of each other, which is very difficult.

Fostering a culture of tolerance should be carried out according to the formula: “parents + children + teacher.”

The need to foster a culture of tolerance arises from the very first days of education. For elementary schools, the problem of teaching tolerance is relevant in itself. At this stage of life, interaction begins to take shape between 20 - 30 children who come from different microsocieties, with different life experiences and with unformed communicative activities. For fruitful learning in the classroom, it is necessary to reduce these contradictions in the interaction process to some common basis. A non-violent, respectful attitude, harmonization of relationships in the classroom, and education of tolerance contribute to the development of cooperation.

Fostering a culture of tolerance in children of primary school age includes the following areas of teaching tolerance: Introducing children to the principle of respect for the human dignity of all people without exception. Understanding that each person is a unique individual and respecting the differences between people. Understanding the principle of complementarity as the main feature of differences. Students must understand that their differences can act as complementary elements, as a gift from each of them to the group as a whole. Understanding the principle of interdependence as the basis for joint action. Children should be taught to solve problems together and share labor when completing tasks to demonstrate how everyone benefits when solving problems through cooperation. And as a result - familiarization with the culture of the world. Children who learn through practice what it means to respect and tolerate others gain the foundations needed to build peace and develop community. The actions they take to serve the community of family, class, school strengthen their knowledge and make it possible to create a society of mutual agreement where they live in joy and harmony. The main goal is to develop tolerant relationship skills in children. As a result, the following results are expected: a child who successfully interacts in a team; a child confronting an intolerant relationship; socially adapted child.

The following sequence of activities aimed at fostering tolerance can be distinguished: grades 5-7: education of empathy, sympathy, compassion grades 7-9: teaching students to understand a friend, the ability to recognize the point of view of another, the ability to get out of a conflict situation, sympathy, empathy, revealing interest in other peoples, nations, grades 10-11: formation of an active life position, development of the ability to live in a world of different people and ideas, knowledge of rights and freedoms and recognition of the right of another person to the same rights through independent, individual and group work of students

In high school, we can offer the following methodology for teaching tolerance: 1. The teacher’s word about tolerance Game “Associations” (patience; tolerance). Discussion of associative concepts: similarities and differences - definition of the concepts “Patience, tolerance, tolerance.” 2. Ways to cultivate tolerance; development of receptivity to everything new and unusual. Cultivating the ability to see Another Game "Looking and Seeing." Discussion of behavioral characteristics, ethical skills to “see the Other.” Test "Change yourself or another." Causes of conflict between people (intolerance). Exercise "Egocentric". Exercise "Friendly cartoon". The ability to “not see”, “not notice”. Game "Mail of Compliments". Reflection. 3. Developing the ability to “hear the Other.” Exercise "psychology of information perception." Exercise "Pose and intonation". Exercise "Speak so that I can see." Reflection. 4. Developing the ability to “accept the Other.” Experimental game "Foreshortening. Aspect. Position." Exercise "Isn't anyone strange?" “What is pathogenic thinking?” Exercise “Attraction”. Reflection.

“Pedagogy of cooperation” and “tolerance” are concepts without which any transformations in a modern school are impossible.

Goal: awareness of the importance of listening skills in the process of communicating with people around them, to help students master the rules of “good listening,” and to encourage them to work on themselves in the process of communication.

Listening skills are of paramount importance in human communication. Statisticians in some countries have calculated: of the time needed to communicate with others at work and at home, we write 9%, read 16%, talk 30%, listen 45%. Most people think so. That the best companion is a close friend. Many people tend to believe that most subordinates in a conversation with a superior are among the best listeners.

Answers should be given to 10 questions, which are scored: “almost always” - 2 points; “in most cases” - 4 points; “sometimes” - 6 points; “rarely” - 8 points; “almost never” - 10 points. 1. 2. 3. 4. 5. Do you try to “curtail” the conversation in cases where the topic (or even the interlocutor) is not interesting to you? Do your interlocutor's manners irritate you? Can an unsuccessful expression from your interlocutor provoke you to be harsh or rude? Do you avoid engaging in conversation with someone you don't know or don't know? Do you have a habit of interrupting your interlocutor?

“almost always” - 2 points; “in most cases” - 4 points; “sometimes” - 6 points; “rarely” - 8 points; “almost never” - 10 points. 6. Do you pretend to listen attentively, but you yourself are thinking about something completely different? 7. Does your tone, voice, facial expression change depending on who your interlocutor is? 8. Do you change the topic of conversation if the interlocutor touches on a topic that is unpleasant for you? 9. Do you correct your interlocutor if there are incorrectly pronounced words or names in his speech? 10. Do you have a condescending tone, with a tinge of disdain and irony towards your interlocutor? !!! If in the end you scored more than 62, then you are an “above average” listener. In other words, the more points you have, the more developed your listening skills are.

The ability to listen is a prerequisite for effective communication; the external side of the listening process involves the use of expressive language. So, you can listen to your interlocutor while lounging in a chair or leaning towards him. The speaker will experience different feelings: either a feeling of awkwardness and a desire to end the conversation, or a desire to express his position as fully as possible. If your partner does not show any interest in what you say, if you do not see any responses, then most likely he is busy solving his own problems or has simply “withdrawn into himself.” Arms crossed on the chest mean a defensive reaction from the partner, hands on the hips – disdain.

Mastering the external side of the listening process presupposes the ability to show the interlocutor attention to him and interest in the subject of the conversation. The internal side of the listening process means the ability to adequately interpret the content of perceived information, that is, to correctly understand the meaning that the speaker puts into the message.

Try to describe in one word or short phrase the feeling expressed by each message. For example, surprise, annoyance, regret, irritation, fatigue, discouragement, bitterness, resentment, uncertainty, desire for support, regret, guilt, work overload, admiration, envy, doubt. 1. I'm fed up with your apologies. 2. Okay, I'm sorry! What else do you want from me? !! 3. If I had tried, I still could not have prepared another document at that moment. 4. Do you want to test me? 5. I wouldn’t treat her like that! 6. Could you move the discussion of our projects to next week? I have another test on Friday. 7. He seems to do everything better, despite the fact that he does not have the same experience as me. 8. I can't understand these people. Maybe stop threatening them? 9. I will never help her again. Not even a word of gratitude for everything I did for her. 10. We could try again, but, to be honest, I don't think it's worth doing.

Now compare the answers with the actually expressed feelings: 1. Irritation, the desire to finally get results. 2. Conviction that what has been said is enough. 3. Fatigue. 4. Uncertainty. Desire to receive support. 5. Regret, guilt. 6. Overload with work, lack of time. 7. Admiration. Envy. 8. Loss of spirit. The desire to “get out of the game”. 9. Bitterness. Resentment. 10. Doubt. 11. If 8 or more answers matched or were close in meaning, congratulations, you are a good listener.

Goals: educational work on the nature and importance of money in human life, diagnosing students’ knowledge in the form of surveys and quizzes on the topic.

Whatever you do in the future, remember that the most expensive things have no price! For example, health. So save on ice cream or cake, but don't skimp on lunch. Save on super trendy clothes, but don't skimp on a good book or good music that you like. Remember that money cannot buy a good mood. Or the respect of loved ones. Or their love. Don’t impoverish yourself by trying to measure everything in terms of money. Not everything in the world can be bought and sold. Listen to the opinion of the French writer Jean de La Bruyère: “The wealth of other people should not be envied: they acquired it at a price that we cannot afford, they sacrificed peace, health, honor, conscience for it. It's too expensive" .

In my opinion, the formation of such qualities as recognition by a person of another, acceptance, understanding would help solve the problem of fostering tolerance. Recognition is the ability to see in another exactly the other, as the bearer of other values, a different logic of thinking, and other forms of behavior. Acceptance is a positive attitude towards such differences. Understanding is the ability to see another from the inside, the ability to look at his world simultaneously from two points of view: your own and his.

Two groups of methods of understanding can be distinguished: 1. 2. Methods of interpretation. When a teacher interprets a child’s behavior, the starting position is recognition of the child, respect for his “self,” individuality, and understanding that his behavior has a subjective, authentic meaning for him. Methods that help the teacher comprehend the child’s inner world in its originality and integrity, penetrate into the depth of his experiences, relying on the researcher’s feelings and intuition. This approach is associated with the process of developing the human relationship of one person to another, which presupposes a tolerant, co-participatory attitude, empathic, and therefore based on dialogue.

Tolerance is a new basis for pedagogical communication between teacher and student, the essence of which boils down to such teaching principles that create optimal conditions for the formation of a culture of dignity and personal self-expression in students, and eliminate the factor of fear of the wrong answer. Tolerance in the new millennium is a way of survival for humanity, a condition for harmonious relations in society.

Fostering a culture of tolerance should be carried out according to the formula: “parents + children + teacher.” Topic “Traits of a tolerant personality” Purpose: To familiarize parents with the main traits of a tolerant personality. Give parents the opportunity to assess their level of tolerance. Equipment. Questionnaire forms for each participant; a large questionnaire form with column “B” on whatman paper is attached to the board. Topic: “How to be tolerant in communication” Goal: Teaching constructive ways to resolve conflict situations. Equipment. Sheets of blank paper, pens.

The path to tolerance is serious emotional, intellectual work and mental stress, because it is only possible on the basis of changing oneself, one’s stereotypes, one’s consciousness.

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