SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
28
METHODOLOGICAL BASIS OF FORMING LEGAL EDUCATION
AMONG JUVENILES
Nabiyev Navruz Guloljonovich
Researcher of the Namangan State Pedagogical Institute
https://doi.org/10.5281/zenodo.14849229
Abstract
This article analyzes the fact that crimes committed among minors are a
pedagogical problem, and the methodological foundations of the formation of
upbringing and legal education in their prevention.
Keywords:
Minor, crime, society, juvenile justice, social problem, legal
education, educational method, criminality, criminal responsibility.
As a person grows up, under the influence of the internal and external
environment, his own personal world, in the language of psychologists, is
formed. In this process, the friends and peers of young people during
adolescence, the environment surrounding him, and the family environment
have a great influence. At the same time, the direction in which the child's
worldview and interests are directed during adolescence also affects his
spiritual world. In this process, the topics of conversation in his relationship
with people in his world, the films he watches, and the sentences he hears in
conversations play a decisive role. For example, seeing the success of the
criminal heroes in the actions of the characters in the films he watches gives
them the understanding that such actions can also lead him to success. Even if
the life or career of the film's characters ends in tragedy, their fame in the
criminal world seems to bury this fact. Therefore, it is recommended that the
supervision of adolescents, their circle of friends, who they communicate with,
their interests and worldview be strictly monitored by parents, neighborhoods,
and educational institutions, and that supervisory institutions work together.
In this regard, it is appropriate to pay attention to the concept of juvenile
justice related to juvenile delinquency [1]. The concept of juvenile justice reflects
such concepts as child delinquency, types of criminal liability for crimes
committed by children, and methods of treatment of children by the court,
institutions for juvenile delinquents, and methods of preventing delinquency. It
is appropriate to apply these processes in the conditions of Uzbekistan based on
the national mentality. In this process, special attention is required to the
criminological security of adolescents.
If we analyze the concept and content of criminological security of
adolescents as an object of criminal threat, we can see that the situation is
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
29
ensuring the security of the security system of minors. It can be said that in the
sphere of relations under consideration, the subject of ensuring criminal
security solves the tasks of an educational and preventive nature set by the
object through methods and means of persuasion, in particular, education,
upbringing, enlightenment. Here, the process involves solving the issues of
education of a minor who has not yet mastered them, which consist not only in
the formation of certain knowledge, but also in the skills of applying this
knowledge. Among them, self-defense methods and the legal basis for their
application are also envisaged, for example, preventing or deterring attempts to
involve property in criminal activity. This situation is called criminological
stability in scientific language.
The criminological stability of a minor can be understood as the ability to
understand, anticipate, avoid the risk of criminal threats, stay away from
sources of criminal threats, and protect oneself in the event of a criminal attack
[2]. At the same time, it is important not to forget about such aspects as the
moral and legal stability of a minor. In this regard, the search for such
opportunities in the education system is timely, and the implementation of such
opportunities in cooperation with the “family” and “school” will undoubtedly
prevent many juvenile delinquencies that may occur. In this case, the main
attention should be paid to adolescents who are left without care and
supervision. In the general organization of the legal socialization of minors, in
addition to the family and school, the development of cooperation programs for
coordinating the activities of many organizations in this area is of great
importance, and the process is of great importance in preventing juvenile
delinquencies. In this regard, it would also be beneficial to apply the scientific
conclusions of foreign countries in practice, adapting them to our national
legislation and traditions.
Legal literacy is extremely important not only for a person to protect his
own rights, but also to respect the rights of others, not to harm their interests,
not to be subject to legal liability, to fully use the rights and privileges enshrined
in law, and to fulfill his obligations to the state and society [3]. Moreover, the
development of a country directly depends on the level of legal literacy of the
population.
In his speech at the first session of the Senate of the Oliy Majlis of the
Republic of Uzbekistan on January 20, 2020, the Head of our state Sh.M.
Mirziyoyev noted with regret that today corruption-related crimes committed
by civil servants, even high-ranking officials, are being exposed, that news about
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
30
this is being frequently published in the mass media, and that it is especially
worrying that some officials entrusted with the fate of a particular territory are
resorting to bribery and corruption crimes, and that despite the fact that a
number of works have been carried out in recent years to prevent and combat
crime, there are still issues in this area that are awaiting resolution, noting that
in 2019, out of more than 47 thousand people who committed crimes in our
country, 12 thousand or 25 percent were young people [4].
In addition, according to the statistics of corruption crimes committed in
2020, provided by the Anti-Corruption Agency, corruption-related crimes were
committed mainly by employees of the unemployed (23%), education (17%),
medicine (7%), banking (5%), construction (3%), and internal affairs (3%). It is
noteworthy that corruption crimes committed in the education sector accounted
for a high percentage. It was also stated that one of the reasons for the
commission of crimes was the ineffectiveness of preventive work to combat
crime. In the results of the statistical analysis of state bodies and organizations
whose officials were brought to criminal liability during the first 6 months of
2022, employees of the Ministry of Public Education accounted for 12%.
As our President Sh.M. Mirziyoyev emphasized in his Address to the Oliy
Majlis of the Republic of Uzbekistan on January 24, 2020, if we all unite, study
tirelessly, do our work perfectly and productively, acquire modern knowledge,
and strive forward without sparing ourselves, our lives and society will certainly
change. It is not for nothing that the Head of State placed special emphasis on
the principles of reading, studying, acquiring modern knowledge, as well as
unity in the above address. Because without reading, without increasing literacy,
in particular, without increasing legal literacy, or without ensuring mutual
cooperation between all state and non-state organizations, the goal in the field of
crime prevention cannot be achieved [4].
Since the issue of upbringing is necessary in the implementation of legal
education, it is worth noting that a systematic approach to upbringing puts it on
the agenda to study it as an object. When it comes to the concept of “upbringing”,
the following approaches put forward by scientists can be seen.
Uzbek national scientists, analyzing the concept of upbringing, define this
concept based on the results of their analysis as “a practical pedagogical process
aimed at forming certain physical, mental, moral, and spiritual qualities in a
person”[5]. The French writer Antoine Saint-Exupery puts forward the idea that
“Upbringing is superior to education. Upbringing brings a person to adulthood.”
From this point of view, “upbringing” is a continuous process based on socio-
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
31
cultural rules aimed at preparing a person to participate in the life of society and
forming him as a person [6].
Indeed, education, as a system and process, has other distinctive features.
The components of the education process cannot be studied independently of
the state of individual stages of development of a particular object. After all, the
education is a complex regulated and managed process. Professor I. Tulteyev
admitted the term “education” is a social category that is often repeated in
human relations in everyday life, and social education embodies a single system
of all education in society. Academician I.P. Pavlov stated that education is a
mechanism for ensuring the preservation of historical memory. The great
encyclopedist Abu Nasr Farobi, paying attention to the mind and morality of a
person, in his opinion, education should be aimed at raising a person to be
mature and perfect both mentally and morally [7].
Kh.T. Odilkoriyev, analyzing the explanation given to legal education,
defines it as follows: “legal education is understood as the special activities of
state bodies, non-state bodies, officials and groups of individuals aimed at
raising the legal awareness and legal culture of the population”.
By analyzing the above definitions and concepts, legal education can be
explained as follows: legal education is a special activity related to the constant
influence on the consciousness and behavior of a person in order to form a high
legal consciousness and legal culture in a person and to form the ideas of
respecting the law and legal order.
As we have noted above, the effectiveness of legal education is directly
related to the correct definition of its goals, principles, forms, means and
methods. We base our opinion as follows:
Goals of legal education: the effectiveness of the educational process
depends on the clarity and validity of the goals and tasks set in this matter.
According to U. Tadzhikhanfitrov and A. Saidov, legal education should not only
ensure law-abiding behavior, but also contribute to increasing the legal activity
of citizens.
Speaking about legal education as a form of legal education, it is worth
noting that it provides legal knowledge to the student at all stages of general
secondary education, secondary specialized vocational education and higher
education, thereby forming a high level of legal awareness and legal culture in
him. In this regard, not only the actions of the subject implementing legal
education within the framework of the requirements of the law, but also his
skills in conveying his knowledge and skills to the student are taken into
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
32
account. The implementation of this task is more closely related to legal
pedagogy. In this regard, I.F. Ryabko says that the implementation of the
scientific tasks of legal pedagogy is determined by the study and research of the
conditions for the emergence and development of legal awareness. It also
emphasizes that the development of ways, methods, forms, and rational
directions for influencing the legal consciousness of people is one of the main
tasks of legal pedagogy [8].
The third type of educational forms consists of forms that are inextricably
linked in the daily life and activities of individuals, and are considered their
natural form. If we conclude from the above concepts, it is important not to
oppose one form to another in the upbringing of a person, not to deny their
possibilities, and to ensure, as far as possible, the application of the
requirements of the principles of upbringing, the conditions for their
effectiveness and the harmony of the functions of the forms of upbringing, that
is, the organizational function of upbringing.
In general, everything that has a purposeful effect on the consciousness, will
and behavior of people, provides information about law and various phenomena
that have legal significance and can affect the formation of an active legal
position of individuals can be legal education and upbringing tools.
It should be noted that there is no consensus among scholars in explaining
the concept of legal educational tools. Consequently, in the legal literature, it can
be observed that educational tools are viewed in a narrow and broad sense. In
the narrow sense, legal educational tools are considered to be books, films,
works of art used in the educational process, while in the broad sense,
educational tools include teaching, socially useful work, initiative, etc. [10].
There is also another point of view in the literature regarding the concept of
educational tools, according to which technical means and devices used in the
legal educational process are also included in the tools.
Such an understanding of tools allows us to distinguish them from forms of
education, but it cannot cover all technical and material means of education. The
material means used in the process of legal education include radio and
television broadcasting, cinemas, clubs, palaces and other buildings and
technical means, publishing houses, newspapers and magazines, books, films,
posters, stands, and exhibition campaigns. Some authors have also included
means of spiritual (rational and emotional) influence on the learner in the
means of legal education. Such influence includes the methodology of
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
33
transmitting the material, the environment in which the activities are carried
out.
Legal education and all means of education in general have a primarily
spiritual and pedagogical nature. Despite the fact that legal education is studied
as an independent section in the theory of state and law, the study of this issue
does not lead to its acquisition of a legal character. The point of view that the
concept of education acquires legal content by having a special object, subject
and goals can often be found in educational literature. In our opinion, the legality
of the content of the educational process depends on objective law, since it is not
only the primary basis of the educational process, but also its main material and
source. Nevertheless, in legal science, persuasion and coercion are included in
the main methods of legal education. This issue was studied in detail in the zero
monograph “Persuasion and Coercion in the Activities of Internal Affairs Bodies”
by V.P. Salnikov and V.P. Fedorov [9]. It should be noted that persuasion is a
generally recognized method of education. However, coercion is not considered
a method by most scholars, for example, M.M. Galimov does not interpret
coercion as a method of legal education.
The method of persuasion is used in relation to persons who comply with
the norms of law, and both the method of coercion and the method of persuasion
are used in relation to persons who violate the norms of law. V.P. Salnikov and
V.P. Fedorov included these methods in the list of methods of social
management (along with material and organizational methods) for ensuring a
democratic legal order and combating crime. Also, in legal science, the main and
additional methods of legal education are distinguished. In addition to
persuasion, the main methods include teaching by example and habituation, and
the additional methods include methods of stimulation, the main task of which is
to strengthen the action of the main methods and additionally stimulate their
effect.
Persuasion is considered one of the methods of legal education. Its essence
is to comprehensively influence the thinking, feelings, and will of the student in
order to form the necessary life qualities in him. The object of influence is
selected depending on the qualities being formed, that is, when convincing a
person of the truth of something with the help of logic, his thinking is influenced,
when forming love for the Motherland, loved ones, beauty. As a method,
persuasion is carried out through conversations, discussions, as well as by giving
examples from reality or fiction.
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
34
Habituation is considered the next method of legal education. It involves the
formation of rational behavior and organizational actions in order to develop
good habits. Habituation is achieved through a system of exercises based on the
demonstration of a certain process by the educator and imitation by the student.
However, the exercise can be viewed only as repetition at the initial stages.
Later, it is considered a stage of improvement towards perfection. This method
allows the student to organize himself and penetrates all areas of his activity.
Motivation and punishment can be distinguished as methods of motivation.
However, motivation as a method of education is aimed at emotionally
approving successfully performed actions and moral deeds, and encouraging the
performance of new ones. The feeling of satisfaction experienced by the
motivated student leads to an increase in his strength and, as a result, is
accompanied by a high level of diligence and efficiency. However, the main effect
of encouragement is the emergence of a strong desire to experience as much
satisfaction as possible. The appropriateness of encouragement increases in
people who lack self-confidence. At the same time, encouragement should not be
so frequent that it leads to underestimation, to the expectation of being
rewarded for small successes. The types of encouragement can be different:
praise, rewards, responsible assignments, forgiveness of unskillful work.
Punishment has existed since ancient times as one of the methods of
upbringing, it is aimed at curbing negative human behavior, forcing the student
to reflect on his behavior and actions, encouraging him to correct his behavior,
and creating a desire and need to change his behavior. Since those times,
punishment and cruelty have been evaluated as a means of ensuring obedience
to the law, such violence has acquired the character of law. In fact, even now,
most citizens do not allow the law to be violated not because they respect it, but
because they are afraid of it. In this case, punishment is unlikely to have an
educational effect with its current form in our society. Fear of punishment does
not lead to recognition and respect for rights and the law. If the law in a state
only solemnly proclaims truth, justice, and freedom, but does not put them into
effect, this shows its worthlessness. For the people fulfill their obligations out of
fear of punishment, but do not understand their necessity from the bottom of
their hearts, do not recognize them.
References:
1.
Kudryavtsev V.N., Eminov V.E. Rossiyada jinoyat sabablari: kriminologik
tahlil. – M., 2006. – S. 43.
2.
Ivanova A.A. Huquqbuzarliklarning oldini olish tizimida pedagogik
profilaktika . – Nijniy Novgorod, 2006. – S. 141.
SOLUTION OF SOCIAL PROBLEMS IN
MANAGEMENT AND ECONOMY
International scientific-online conference
35
3.
Sharapova V.V. Voyaga etmaganlar o'rtasida huquqbuzarlik va uning oldini
olish : nazariy model va mintaqaviy amaliyot (Komi Respublikasi materiallari
asosida ): Dissertatsiya tezisi. ...dis. samimiy. qonuniy Fanlar. – Nijniy Novgorod,
2003. – S. 28
4.
Bolalarni himoya qilish.Parlament a’zolari uchun qo‘llanma.-T.UNICEF,
Inson huquqlari bo‘yicha O‘zbekiston Respublikasi Milliy markazi.2006-B.163.
5.
Узбекистан миллим энциклопедияси. 8-жилд. Солнома – Тўйтепа.
А.Азизхужаев, М.Аминов, Т.Даминов ва б. Т.:
≪
Узбекистан миллий
энциклопедияси
≫
Давлат илмий нашриёти, 2004. -Б.270.
6.
Абушенко В.Л. Личность // Новейший философский словарь / Сост. А.
А.Гриианов. - Мн.: Изд. В.М. Скакун, 1998. Гавров С.Н., Микляева Ю.В.,
Лопатина О.Г. Воспитание как антропологический феномен. Учебное
пособие. - М.: Форум, 2011. - 240 с. - ISBN 978-5-91134-545-7.
7.
Абу Наср Форобии. Фозил одамлар шахри. -Т.: А.Крдирий номидаги
халк мероси, 1993.
8.
Рябко И.Ф. Основы правовой педагогики. Монография. -Ростов на
Дону, 1973. С. 10.
9.
Сальников В.П., Федоров В.П. Убеждение и принуждение в
деятельности органов внутренних дел. - Л., 1989.
10.
Xo‘jaqulov S.B. Yangi O‘zbekistonda huquqbuzarliklar profilaktikasining
“ilm sohasi” sifatida shakllanishi va rivojlanishi // Ilm-fan va ta’limning
innovatsion rivojlanishi: hozirgi holati va taraqqiyot tamoyillari: Xalqaro ilmiy-
amaliy konferensiya materiallari (2022-yil 28-sentabr). – T.: O‘zbekiston
Respublikasi IIV Akademiyasi, 2022 ‒ B. 710-715.
