About the Legal Values of Morality in the Constitutional Law
The relevance of this topic is due to the contradictory perception and interpretation of the term “morality” contained in the Constitution of the Russian Federation. Its abstract nature, intertwined with the ethical views of representatives of legal professions, often causes denial or distortion of the legal nature of this phenomenon, which creates a number of problems in the law-making and law enforcement sphere. Problem statement: the lack of unified approaches to understanding the legal nature of morality has created the need to develop a scientifically based solution designed to eliminate the existing contradictions in the theory and practice of the constitutional law. The purpose of the research is to develop new approaches to the understanding and application of morality in the theory and practice of the constitutional law. Research methods: analysis, synthesis, generalization, abstraction, modeling, system, structural-functional, formal-legal, comparative-legal. Results and key conclusions: in the constitutional law, morality should be understood as a system formation that includes several legal meanings - the constitutional value, the object of constitutional and legal protection, the basis (criterion) and the purpose of restricting the rights and freedoms of the individual. These values of morality are in a close semantic and legal relationship, complement and condition each other. At the same time, each of these meanings has individual legal properties, and therefore it is important to clearly distinguish them and to indicate in advance the aspect of morality in question. The absence of such a distinction leads to an ordinary perception of morality, which deprives it of its legal meaning, and also causes various kinds of contradictions in the science and practice of the constitutional law. The differentiation and use of the legal values of morality in law-making and law-enforcement activities will make it possible to more effectively influence on public relations, objectively and reasonably resolve legal disputes, achieve and maintain a balance of the legitimate interests of the individual, society and the state.