Gender problems and discrimination at the present stage of society development

Madatov Oleg Yakovlevich General adviser, Interregional Public Movement for the Protection of the Rights of Servicemen and Their Families "Conscience of the Law" 350072, Russia, Krasnodar Territory, Krasnodar, Moskovskaya str., 61, sq. 32 oleg_madatov@rambler.ru Other publications by this author

Introduction

It is known from the documented historical heritage that initially the rights, duties and freedoms of individuals differed significantly depending on their gender.

At the same time, the struggle of women for equality, which originated in the United States back in the 30s of the XIX century, has given its definite results. Thus, from a legal point of view, in most countries of the world, the legal rights of men and women were actually equalized.

However, research, the methodology of which is imposed mainly by Western adherents and their satellites, shows that the capabilities of women and men, despite the measures taken, continue to differ from each other. As confirmation of their words, they cite criteria such as the level of wages of men and women, the ratio of unemployment between them, the share in the leadership of the country and enterprises, the level of prosperity, etc. ^{[1, p. 515]}

The study of Western gender theories shows that the criteria for assessing gender equality are usually based on an equal number (proportion) of men and women in the relevant field, moreover, those evaluation indicators in which women prevail are not considered as a violation of men's gender rights.

As a result of this approach, women not only equalized their rights with men, but they had more rights than men, which even Western scientists such as Aynur Gok, Timuçin Kodaman ^[2], Abdyramanova were forced to admit. Ch.Sh . ^[3], Ganguli I., Hausmann R., Viarengo M. ^[4] and others.

Moreover, the problem is aggravated by the fact that this method of defining gender equality has led to attempts by certain social groups in the Western world, such as the LGBT movement, the BLM (Black Lives Matter, from English - "Black Lives matter"), etc., to gain greater rights, which caused the actual infringement of the rights of certain social groups in the United States and other countries of the Western world, for example, the rights of heterosexual young men.

These ideologies lead to hostility and confrontation between individual social groups, which even at the present stage develop into violent protest actions and create a real threat of civil wars, including for political reasons, such as the confrontation in the United States between supporters of the Republican and democratic parties.

Apparently, the ultimate goal of this Western policy is to reduce the population as a result of wars, homosexual relations, the destruction of the institution of marriage as a union of a man and a woman, the refusal of women to have children, which fully confirms the conspiracy theory of the "golden billion".

A separate corrupting influence of Western technologies on gender equality has penetrated into Russian reality. The mass media and individual scientists have also begun to assess the equality of men and women by the number or proportion of individual individuals according to certain criteria, for example, the number of women in public authorities, surveys of employers on the issue of hiring men or women ^{[5, p. 197]}, publication of expert opinions on discrimination against women in the labor market ^[6] etc.

In our opinion, this is a manifestation of the imposition of Western values on the citizens of Russia and its allies, followed by a negative scenario similar to the United States of America of confrontation between certain groups of the population of the Russian Federation, posing a threat to the preservation of Russian statehood and independence, which can be clearly observed on the example of Vietnam, Korea, Iraq, Afghanistan, Ukraine and a number of others states.

Thus, M. I. Borovkov, Ph.D., Professor of the Department of Humanities and Socio-Economic Disciplines of the Military Medical Academy named after S. M. Kirov, when analyzing the modern ideological values of Western and Russian civilizations in 2023, concluded that "there is a dehumanization of the ideological values of Western civilization, which leads to the destruction of traditional values, the elimination of traditional human values, the imposition by the Western world of anti-values that destroy the spiritual world of modern man" ^{[7, p. 32]}.

Also, such scientists as D. M. Solodovnik, K. A. Fursov, V. L. Parkhimovich ^{[8, p. 91]}, N. A. Chichulin ^{[9, p. 97]}, I. F. were engaged in the study of this problem. Petrov, S. I. Petrova ^{[10, p. 21]} and others, the study of whose studies showed that they share the conclusion about the imposition of Western values on Russian citizens.

At the same time, the gender problems of discrimination against citizens were either not considered at all, or were only addressed in aspects of the LGBT community. Moreover, the analysis of proposals to counter the imposition of these concepts boils down only to strengthening the control of supervisory authorities to monitor the propaganda of the Western world carried out against citizens, which in fact cannot completely ensure the protection of citizens from foreign influence, since Russia acts only as a defensive side in the proposals under consideration.

According to the author, one of the effective ways to counter these attempts by the Western world to actually destroy our state may be the development and implementation in Russia of a new ideology of gender equality based not on the rules of the United States and other Western countries, but on generally recognized principles and norms of international law and the peculiarities of Russian identity, which determines the relevance of this study. The scientific novelty is expressed by the fact that the author of the article puts forward the postulates of a new ideology of gender equality, previously not considered in the scientific world within the framework of a single implementation, which will not only successfully counteract Western policies and their ongoing propaganda of Russian citizens and its allies, but also come to full equality of rights, freedoms and obligations of citizens regardless of their gender identity.

The purpose of the study is to develop the main provisions of the new ideology of gender equality and its implementation in practice. This goal predetermined the need to set the following tasks:

1. The study of the concept of gender equality in order to develop a new approach to its definition.
2. Development of the main provisions (postulates) of the ideology of gender equality that meet the needs of not only individual citizens, but also society, the Russian state, and friendly countries.
3. The proposal of the main directions for the implementation of the new ideology of gender equality by introducing it in the Russian Federation, proposals to consider its introduction to friendly and neutral states, as well as to spread it in unfriendly states in order to counter Western gender ideology, especially concerning the destruction of traditional family values.

The object of the study is the social relations that develop on issues of rights, freedoms and duties of men and women.

The subject of the study is the norms of international and national law governing the object of the study.

The research methodology is based on universal dialectical, logical, statistical, formal legal, comparative legal research methods.

1. Limitation of human rights in international and national acts

The main normative act regulating the rights and freedoms of every person is the Universal Declaration of Human Rights (hereinafter – the Declaration), in paragraph 5 of the preamble to which it is stated that "the peoples of the United Nations have confirmed in the Charter their faith ... in the equality of men and women" (Universal Declaration of Human Rights (adopted by the UN General Assembly on 12/10/1948).

According to Ozhegov's Explanatory Dictionary, faith is understood as "conviction, deep confidence, in someone or something" ^[11], that is, in fact, it means that the peoples of the United Nations are convinced that there should be equality between men and women, and equality in not some separate areas, for example, rights, freedoms, etc. and their full equality.

At the same time, the last paragraph of the preamble of the Declaration establishes that "the General Assembly proclaims this Universal Declaration of Human Rights as a task to which all peoples and all States should strive ...".

Consequently, the General Assembly recognizes that the previously stated conviction of the equality of men and women has not been achieved, but all peoples and States must strive for it.

Article 2 of the Declaration defines that "Everyone must have all the rights and freedoms proclaimed by this Declaration, without any distinction, such as: with regard to ... sex ...", which enshrines the principle of gender non-discrimination, prohibiting discrimination of rights and freedoms on the basis of gender.

However, paradoxically, there is no rule of law providing for equal duties of citizens regardless of their gender in the Declaration.

According to article 29 of the Declaration "1. Every person has responsibilities to society, in which only the free and full development of his personality is possible.

2. In exercising their rights and freedoms, everyone should be subject only to such restrictions as are established by law solely for the purpose of ensuring due recognition and respect for the rights and freedoms of others and meeting the just requirements of morality, public order and general welfare in a democratic society.

3. The exercise of these rights and freedoms should in no case be contrary to the purposes and principles of the United Nations."

Thus, restrictions on human rights and freedoms in the form of imposing duties are established by national legislation, which may allow differences based on gender. Consequently, a single country, including the Russian Federation, has the right to determine for itself what restrictions on rights and freedoms it allows for men and women.

2. Approaches to understanding human rights and freedoms

Concepts, terms such as human rights, human freedoms, restrictions on human rights and freedoms are not given in the Declaration.

In the theory of international law, there are several approaches to understanding the concept of "human rights".

According to Western scientists such as J. Rawls ^{[12, p. 57]} human rights are understood as "the minimum standard for well-organized political institutions of all societies that are members of a just political community of peoples" ^{[13, p. 16]}. Scientists of domestic schools L. T. Zhanuzakova ^[14], A.A. Kuznetsov ^[15] and others adhere to a similar point of view.

However, J. Rawls omitted most of the human rights described in the Universal Declaration of Human Rights, he attributed to the rights only those that could satisfy only individual members of society and only through certain representations, that is, only requirements aimed at ensuring bodily integrity are understood.

Another approach to defining the concept of human rights is based on the works of M. Ignatieff, according to which "if human rights are understood as exclusively moral requirements, i.e. as certain claims of an individual belonging to him by nature due to the fact that he is a human being (as represented in the European tradition of natural theory), then human rights turn into a language moral intervention, moral imperialism" ^{[16, p. 19]}.

However, he describes human rights not as an opportunity for citizens to exercise the right granted to them to protect their interests, that each person has equal rights in relation to other people, but as a way to resolve conflicts by imposing the moral standards of an individual on other similar people or social groups, that is, it is understood as essential minimalism.

The third approach was put forward by J. Cohen, who means by human rights as "norms related to the idea of membership or inclusion in an organized political community ... where human interests are taken into account by the main institutions of political society: he is treated as a member, his interests are taken into account when making state decisions, as well as when determining the content of these decisions" ^{[17, p. 197]}.

Its disadvantages include the lack of a clear list of human rights being put forward.

According to the fundamental legal act of the United States, the "Declaration of Independence" of July 4, 1776, human rights are understood as "the self-evident truth that all people are created equal and endowed by their Creator with certain inalienable rights, which include life, freedom and the pursuit of happiness" ^[18].

A similar point of view is shared by Russian scientists V. V. Filatov ^[19], G. Ermolina ^[20], A. Ivanov ^[21] and others.

However, it does not take into account such provisions as ensuring the protection of the dignity of the individual.

Another approach to defining the concept of human rights is based on the teachings of the Roman Catholic Church, for example, in the Declaration on Religious Freedom "Dignitatis humanae", human rights proclaim the dignity of the individual, freedom and inalienable rights, as well as the obligation to follow the commandments of God, as about loving one's neighbor, and moral laws ^{[22, p. 134]}.

However, it does not contain freedom of religion.

In the opinion of C.B. Ozhegova's "law" is "a set of norms and rules established and protected by the state authority governing the relations of people in society" ^[23]. In Dahl's dictionary, a person is understood as "each of the people" ^[24].

Accordingly, in our opinion, human rights represent a set of norms and rules established and protected by the state authority in relation to each of the people regulating their relations in society.

At the same time, human rights are considered not as an individual right of everyone, but as a right of everyone correlated with the interests of the whole society.

Modern science in the theory of human freedom also identifies several approaches.

According to the Russian scientist H.V. Idrisov: "Freedom is, expressed in legislative form (through the adoption of a normative legal act), the ability of a person (citizen) to build his line of behavior based on personal needs, goals and interests of free will and free expression" ^{[25, p. 99]}.

However, there is an opposite approach to the above, for example, L.D. Voevodin believes that "Freedom is an opportunity for a person to avoid the influence of the state, the state authorities of certain restrictions. Freedom is characterized by independence from the state" ^{[26, p. 133]}.

At the same time, it is impossible to agree with these definitions, since freedom is not a tool for building an individual line of behavior and for the possibility of satisfying one's needs, desires and interests, but also freedom does not allow a citizen to avoid influence from the state, especially to have independence from it, since it was by legislative act that this freedom was granted and controlled by them.

In our opinion, "freedom" implies endowing a person or citizen with a certain range of open opportunities based on the independent choice of each individual, where the state does not create specific established requirements for the final result of a citizen's activity, but at the same time monitors the non-commission of violations within the framework of the right granted to a person.

Having considered the definitions of human rights and freedoms, it is also necessary to study what is meant by the restriction of rights and freedoms.

According to N. S. Volkova, "restriction of rights and freedoms is one of the ways to regulate the degree of freedom in society, but in its implementation it does not allow free interpretation and abuse" ^{[27, p. 94]}.

At the same time, this definition does not take into account the aspect that the restriction of the right may also be applicable to the very waiver of existing rights, since the waiver itself has some kind of limits.

At the same time, T. V. Prikhodko noted that "restriction of human and civil rights and freedoms as a lawful deprivation of benefits determined by the content of a particular right or freedom established in relation to the bearer of rights and freedoms" ^{[28, p. 15]}.

According to Russian scientists I. N. Chebotareva, O. S. Pashutina, I. V. Revina: "In a narrow sense, restriction of law is a quantitative decrease in human rights and freedoms, as well as a narrowing of the scope and (or) content of specific rights and freedoms" ^{[29, p. 116]}

However, the judicial system of the Russian Federation, when determining the meaning of restriction of rights and freedoms, uses the definition set out in paragraph 5 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 21 dated 06/27/2013: "restriction of human rights and freedoms (interference in human rights and freedoms) means any decisions, actions (inaction) of state authorities, local authorities local governments, officials, state and municipal employees, as well as other persons, as a result of the adoption or implementation (non-implementation) of which obstacles have been created in relation to a person claiming an alleged violation of his rights and freedoms" (Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/27/2013 No. 21 "On the application by Courts the general jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and the Protocols thereto").

3. Gender discrimination

According to Western researchers, the main violations of women's gender rights and freedoms are related to the following.

S. Curtis ^[30], Perez K. Criado ^[31], Naomi Wolf ^[32] believe that the level of pay for women in similar positions is lower than for men, which is also confirmed by statistical studies, according to which "the average wage gap between women and men is 28.8%" according to Rosbusinesscopsulting ^{[33, p. 45]}.

This problem is also pointed out by Russian researchers, including Yu. V. Fedorenko, B. K. Khashkhova ^{[1, p. 518]}, M.A. Andreeva ^[34].

At the same time, according to paragraph 2 of article 23 of the Declaration, "Everyone, without any discrimination, has the right to equal pay for equal work." Therefore, the criterion of equal pay is not equal positions, but equal work.

Under the equality of labor, according to T. F. Vysheslavovna ^{[35, p. 30]} means "equal pay for equal work" without any discrimination, including on the basis of gender.

However, one should take into account the opinion of James Watson, who was the first director of the National Center for Human Genome Research at the National Institutes of Health (from 1989 to 1992), a member of the National Academy of Sciences and the Royal Society, who received the Presidential Medal of Freedom, the US Scientific Medal, and in 1962 received the Nobel Prize in Physiology or Medicine for the discovery of the structure DNA molecules. In 2019, his book DNA was translated and published in Russia. The history of the genetic revolution" ^[36].

He noted that participants in the women's movements in the United States consider it unthinkable to "assume biologically or genetically determined sexual differences and mental abilities" of men and women, in their opinion, both sexes are capable of the same solution to any task, and this is without discussion. At the same time, the scientist scientifically substantiates at the genetic level "the fact that men are stronger in some areas, and women in others." In his scientific work, he also refers to the famous geneticist Charles Davenport, who noted that "women are more observant and sociable than men," "women are genetically predisposed to collecting genealogical information," etc.

D. Watson's work also mentions the research of Mark Sejelstad, a graduate student of Cavalli-Sforza, who, based on the availability of genetic data, compared migration patterns based on gender. So, he noted that "history is basically a chronicle of men's, not women's travels," since it was men who went to different ends of the world for loot and power, citing examples of Alexander the Great from Macedonia, Vikings, Genghis Khan and others. His hypothesis was based on the fact that men are considered more mobile in society than women, even if their warlike travels are not taken into account, and also that "it was men who mainly spread the genes of our species."

At the same time, his research on genes refuted his hypothesis, it turned out, in his opinion, that "women are on average eight times more mobile than men" in civilian life. He justified this phenomenon both at the genetic level and in simple language. He found that "when residents of two different villages marry, the wife moves into the house with her husband, and not vice versa," that is, if the man started a family, he mostly stayed in the original village, while the woman moved to the village with her husband.

However, the issue of mobility is considered in this context exclusively from the side of genetics, so, if we consider from the side of the traditional understanding in society, it was men hunters and gatherers who went fishing and could wander far from their home, while women stayed at home, raised children and stored food nearby.

Moreover, D. Watson noted the genetic mental predisposition of the male sex, additionally noting that in 2001, in honor of the centenary of the Nobel Prize, I was amazed that among all these gray-haired pundits there was only one woman. She was already the tenth woman to receive the Nobel Prize in Natural Sciences (since then, seven more women have been awarded such an honor in Stockholm)."

Accordingly, in principle, the effectiveness of the work of two different individuals, even of the same sex, will differ from each other, not to mention persons of different sexes, since the abilities of men and women to work differ, and in some areas men prevail, in others women, in some they generally correspond, which is generally determined the biological (genetic) characteristics of sex inherent in the animal world, at this stage of scientific development, are not amenable to change.

Moreover, the basis of the employment relationship is the freedom of choice of work, expressly established by paragraph 1 of article 23 of the Declaration, which indicates that the person himself agreed to perform the specified work for the appropriate remuneration.

Thus, from a legal point of view, in our opinion, it is not possible to draw a conclusion about the wage difference between men and women solely on statistical data without taking into account the equality of their labor efficiency.

B.K. Khashkhova, A.A. Smolyakov ^[37] believe that it is more difficult for a woman to take a senior position in a commercial enterprise, which is confirmed by a smaller proportion of their representation. If you look at the statistics, it is true that the number of female top management managers is less than that of men. However, in our opinion, it is not entirely objective to consider this situation only in this context.

Official data of the Federal State Statistics Service (Rosstat) on the percentage of women in various fields of work were published in the media, according to which in many sectors of the economy the number of women prevails over men, such as education – 82% of women; health and social services 79%; entrepreneurship (hotel business) – 73%; financial and insurance organizations 69%; in the field of culture, sports, leisure and entertainment 66% ^[38].

A similar situation is developing in certain specialties, some of which do not have a male gender at all or they are not widely used, for example, seamstress, nanny, nurse, etc.

At the same time, women have the opportunity to take senior positions. Accordingly, it is not possible to talk about their discrimination.

In the West, there is a similar situation where women have the opportunity to take senior positions and they are occupied, for example: Ursula von der Leyen heads the European Commission, Ana Brnabic heads the government of Serbia since 2017, Salome Zurabishvili is the President of Georgia, Katrin Jakobsdottir is the Prime Minister of Iceland, Nicola Sturgeon is the Prime Minister of Scotland, in Moldova is headed by Natalia Gavrilica and Maya Sandu, Zuzana Chaputova – President of Slovakia, Ingrid Shimonica – Prime Minister of Lithuania, Katalin Novak – President of Hungary, Katerina Sakelaropoulou – President of Greece, Elizabeth Born – Prime Minister of France, Sanna Marin – Head of Government of Finland, Kaya Kalas – Head of Government of Estonia, Matt Frederiksen – Prime Minister of Denmark, etc .

In our opinion, the implemented policy of equality of the number of places for women and men in state and local government bodies, enterprises and organizations leads to the fact that less trained people can enter the management system, in place of those who would cope more effectively, but were excluded on the basis of their gender identity, as may be evidenced the recent resignations of British Prime Minister Liz Truss and German Defense Minister Christine Lambrecht, whom the media of their countries directly accused of incompetence ^[39]; ^[40].

Comparing the struggle of women and men for their rights in Western countries, it should be noted that there are no significant social movements aimed at protecting the rights and freedoms of men, although some of their manifestations still take place. Thus, representatives of the Men's Rights Movement (MRM), according to Michael Messner, believe that "men are disadvantaged, oppressed or discriminated against" ^[41]. The social movement "Men's Liberation Movement" "boils down to unfair treatment of men by modern institutions" ^[42]. Masculism (eng. masculism; from Latin. masculinus "man") is an ideology and socio–political movement aimed at eliminating discrimination against men and equalizing their rights with women ^[43]; ^[44]; ^[45]; ^[46].

However, at the international level, within the framework of the United Nations, not one of the movements for the support of men's rights has not been reflected. While the Convention on the Elimination of All Forms of Discrimination against Women (adopted on December 18, 1979 by General Assembly resolution 34/180), the Declaration on the Elimination of Violence against Women (established at the General Assembly on December 20, 1993), the Beijing Declaration on Women's Rights by the Fourth World Conference on Women (September 1995), as well as such UN Security Council resolutions as Resolution No. 1325 of October 31, 2000, No. 1820 of 2008, etc. ^[47].

The Basic Law of the Russian Federation is its Constitution (the Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all–Russian vote on 07/01/2020)), having fully equalized the rights of men and women, at the same time, provided for the possibility for both female and male persons to establish certain restrictions, which were implemented in practice in federal laws.

For example, despite the fact that both parents are charged with the responsibility of caring for and raising children (part 2 of Article 38 of the Constitution), paternity, unlike motherhood, is not under state protection, and it is not uncommon for a father to raise a child (children) himself.

According to Rosstat data, in 2020 in Russia "in 648 thousand families, children are raised and supported only by fathers" ^{[48, p. 1]}.

This approach of not recognizing paternity was reflected in the decision of the Constitutional Court No. 27-P of December 6, 2013, issued following a review of the decision of the European Court of Human Rights on the claim of Mr. K. Markin of October 7, 2010, challenging the right of a father to parental leave for a child whose mother died in childbirth. He was denied such a right, referring to the fact that "the prevention of combining male military personnel undergoing military service under a contract, the performance of official duties and parental leave for the upbringing of young children is due to the specifics of the legal status of military personnel and is consistent with both the voluntary nature of the conclusion of a contract on military service, and with constitutionally significant purposes of restriction human and civil rights and freedoms," at the same time, as the Constitutional Court of the Russian Federation established: "further proceedings in this civil case will not pursue the goal of restoring K.A. Markin's individual rights, since his son has already reached the age of more than three years, and he himself has retired from military service."

At the same time, "as follows from the ruling of the Grand Chamber of the European Court of Human Rights of March 22, 2012 in the case "Konstantin Markin v. Russia", the exclusion by Russian legislation of male military personnel from the circle of persons entitled to parental leave, despite the fact that female military personnel have such a right, is not may be considered reasonably or objectively justified; by depriving male military personnel of the right to receive parental leave solely on the basis of their gender, the relevant legal provisions establish a general restriction that automatically applies to all male military personnel, regardless of their position in the armed forces, the possibility of their replacement or a specific situation, which is not based on the specific requirements of military service and goes beyond the limits of the State's discretion in matters related to both national security in general and the armed forces."

Therefore, considering the issue of non-recognition of K. Markin's right, two parallels should be taken as a basis, namely, male military personnel and female military personnel. Thus, female military personnel have the right to receive parental leave when, as male military personnel, they were deprived of this right even without taking into account any individual characteristics of each situation. Accordingly, the issue of non-recognition of K. Markin's right was determined only by his gender, since a man and a woman should have equal rights and freedoms and equal opportunities for their realization in accordance with Part 3 of Article 19 of the Constitution of the Russian Federation, and the legislator imposed certain restrictions on military men in this aspect.

Part 2 of article 39 of the Constitution establishes that "State pensions and social benefits are established by law." However, the law itself may establish defamatory norms based on gender. For example, Part 1 of Article 8 of Federal Law No. 400-FZ dated 12/28/2013 "On Insurance Pensions" defines that "Persons who have reached the age of 65 and 60 have the right to an old-age insurance pension (men and women, respectively)" (On insurance pensions: Federal Law No. 400-FZ dated 12/28/2013 (as amended on 12/28/2022)), that is, a direct contradiction to Articles 2, 22 of the Declaration regarding social security. Moreover, earlier retirement of women under normal conditions implies shorter work experience, lower pension accruals, and ultimately lower pensions, which some scientists consider as a violation of women's gender rights ^[49]; ^[50].

At the same time, initially, the different retirement age was established by a resolution of the Central Executive Committee and the Council of People's Commissars ("Regulations on Pensions and Social Insurance Benefits", USSR Law No. 11, Article 132, dated 02/13/1930), issued based on the results of a scientific study that proved that earlier retirement of women is a consequence of serious functional changes in the human body, for example, in women from the age of 55, and in men from the age of 60. At the same time, the study did not take into account the fact that the life expectancy of men is less than that of women, respectively, the life expectancy of the latter after retirement is significantly higher.

The governments of the Russian regions are also concerned about the issue of male mortality. Thus, in the Regional Program of the Saratov Region, aimed at increasing the birth rate and supporting families with children and achieving targets for the total number of births for the period 2023-2025, approved by decree of the Government of the Saratov Region dated June 30, 2023 No. 580-P, it is noted that at the beginning of 2022, under the age of one year, "1000 girls accounted for 1047 boys." Consequently, more boys are born. However, this program also indicates that this ratio changes with age due to higher male mortality: "In the Saratov region, the excess of women over men is already noted in middle age - from 39 years old, which is associated with a higher premature mortality of men."

According to this regional document, it is noted that "for 1000 men in the age group 45-49 years, there are 1135 women, 50-54 years - 1143, 55-59 years - 1228, 60-64 years - 1364.

Starting from the age of 65, the difference is more than 1.5 times (65-69 years - 1618; 70-74 years - 1919), from 75 years - more than 2 times (75-79 years - 2306; 80-84 years - 2885; 85 years and older - 2916). In general, at the beginning of 2022, in the age group of 65 years and older, women accounted for two thirds (67 percent), and in the age group of 85 years and older, the number of women was already three times higher than the number of men (74.5 percent)."

Thus, taking into account the fact that more men are born, however, in the age group of 65 years (the retirement age of men) and older, men make up 37% of the total number of people in the age group, and at the age of 85 this indicator for men is 25.5%.

The age of survival was also not taken into account when raising the retirement age in 2018 (Federal Law No. 350-FZ of 03.10.2018 "On Amendments to Certain Legislative Acts of the Russian Federation on the appointment and payment of pensions"), as a result of which about 50% of men do not live to retirement at all ^{[51, p. 380]}, which directly violates their constitutional right to receive a pension, and their pension savings are actually distributed among pensioners, mostly female, which also indicates the presence of gender inequality. Moreover, these pension savings in no way affect the size of the pension of the surviving spouse, although it was she (he), as a family member, who did not receive material benefits paid in the form of pension contributions from the deceased person.

Moreover, the increase in the retirement age of women actually led to the denial of the previously mentioned scientific research, and consequently, the very validity of the difference in the retirement dates of men and women.

It should also be noted that specialized studies on the physiological impact on a man of his retirement age, both at 60 and 65 years old, have not been conducted, which once again emphasizes the gender inequality of citizens' rights.

According to Part 1 of Article 59 of the Constitution of the Russian Federation, "The protection of the Fatherland is the duty and obligation of a citizen of the Russian Federation." Part 2 of Article 59 of the Constitution of the Russian Federation establishes that "A citizen of the Russian Federation performs military service in accordance with federal law."

In accordance with subparagraph "a" of paragraph 1 of Article 22 of Federal Law No. 53-FZ dated 03/28/1998 "On Military Duty and Military Service", "The following are subject to conscription:

a) male citizens between the ages of 18 and 27 who are registered or not registered, but are obliged to be registered and are not in reserve."

Thus, the duty and obligation of a citizen of the Russian Federation to protect the fatherland necessarily applies exclusively to men, having signs of obvious gender inequality.

At the same time, in a number of countries, the duty to protect the fatherland is assigned to both men and women, for example, the State of Israel, the Democratic People's Republic of Korea, the Republic of China (Taiwan), the Hellenic Republic, the Republic of the Union of Myanmar, the State of Malaysia, the State of Eritrea, the Kingdom of Norway, the Kingdom of Sweden.

Part 3 of Article 59 of the Constitution of the Russian Federation defines that "A citizen of the Russian Federation, if his beliefs or religion are contrary to military service, as well as in other cases established by federal law, has the right to replace it with alternative civil service."

However, in the above context, this norm applies exclusively to men, in fact implying that a debt to the Motherland that is not related to the protection of the fatherland, he must still pay, which puts him not in an equal gender position compared to a woman who turns out to have no corresponding duty and obligation at all.

However, in some cases, male chauvinism in the army environment leads to a violation of women's gender rights. For example, they have the opportunity to study at a military flight school, despite the fact that their health will be adversely affected during the flight, and flying and carrying a child are apparently incompatible, as is directly evidenced by the suspension from flights of women in civil aviation after confirmation of their pregnancy.

However, female persons cannot study at a military school in specialties related to the protection of state secrets, although the headquarters of sufficiently large military units (formations) would become her place of work, and the range of duties performed would generally correspond to ordinary office work. It was not possible to get a clear answer to this question from officials of the military administration bodies responsible for establishing the procedure for admission to the relevant military educational institution (letter from the Deputy Chief of the General Staff of the Armed Forces of the Russian Federation, Colonel-General S.Y. Istrakov dated 09/12/2019 No. 307/1/441) ^[52].

The issues related to gender inequality established by Article 59 of the Constitution of the Russian Federation are considered exclusively in a legal aspect, are of purely scientific interest and are given as justification for the presence in the basic law of provisions allowing the blank norms of law to establish various duties for citizens depending on their gender identity, which proves the legal inequality in Russian legislation of men and women.

Federal laws also contain signs of gender inequality.

Thus, in accordance with Article 3 of Federal Law No. 256-FZ dated 12/29/2006 "On additional measures of state support for families with children", a woman with Russian citizenship who gave birth (adopted) a second or subsequent children starting from January 1, 2007 has the right to receive maternity capital.

The father has the right to receive maternity capital only if the mother died or was declared dead, was deprived of parental rights, committed an intentional crime against the child related to crimes against the person, which resulted in the deprivation of parental rights, as well as in the case of cancellation of the adoption of the child. A mother can receive maternity capital in any case, if she is not deprived of parental rights.

According to paragraph 1 of Article 56 of Federal Law No. 323-FZ dated 11/21/2011 "On the basics of protecting the health of citizens in the Russian Federation", "every woman independently decides on motherhood," i.e. if a man wants to keep a child and a woman wants to have an abortion, the opinion of the child's father is not taken into account. If, for certain reasons, a man initiates an abortion, a woman may disagree with him and leave the child.

4. Creating a new gender ideology

The conducted research convincingly proves that with equality of rights and freedoms, men's gender legal responsibilities differ from women's legal responsibilities.

Until now, international law, followed by national legislation, has followed the path of declaring gender equality. The actual real state of affairs in this area is far from the stated one. As a result, over the past 74 years since the adoption of the Universal Declaration of Human Rights, it has not been possible to achieve real gender equality. Moreover, the ideologies of protecting the rights of individual social groups that grew out of it, imposed on other countries, led to large military conflicts with significant human casualties, as well as significantly limited the rights of persons who are supporters of traditional values.

Currently, the special military operation conducted by the Russian Federation provides a unique opportunity to declare Russian identity to the whole world and propose a new path of development that takes into account the interests of not only an individual, but society and the state as a whole.

The main idea of the new gender ideology is the full equality of rights, freedoms and obligations of citizens, regardless of their gender identity, and their restrictions can be applied exclusively to a specific person on the basis of the law.

In this regard, the following postulates of the new ideology of gender equality have been developed.

1. Human rights, freedoms and duties are equal regardless of their gender.
2. Restriction of rights, freedoms and duties is allowed on the basis of a law applied exclusively to a specific person, regardless of his gender identity, based on reasonable threats to the individual, the implementation of which may lead to a violation of the interests of society and the state.
3. The well-founded interests of society and the state, on the basis of which it is possible to limit human rights, freedoms and duties, regardless of gender, include maintaining the population and diversity of the gene pool, ensuring the stability of society and the state.
4. Restrictions to maintain the population and diversity of the gene pool include a ban on performing certain jobs that may lead to the impossibility of conception (as sexual intercourse between a man and a woman), bearing and giving birth to a healthy child. Restrictions do not apply to persons who are medically unable to conceive and bear a child or who already have children, the number of which is established by law, based on the national interests of achieving population targets.
5. The implementation of labor rights and freedoms is carried out exclusively regardless of the gender identity of a person on the basis of his individual abilities, determined on the basis of their assessment on publicly available issues (test tasks, interviews, practical tasks, depending on the intended position), conducted by: for commercial private and non-profit organizations by the employer; for public authorities and local self-government, as well as enterprises, institutions and organizations controlled by them, or with their participation – specialized evaluation organizations. Each participant is given the right to familiarize himself with the results of his assignment and the winner's assignment, which will allow, if necessary, to challenge his results in accordance with the procedure established by law.

Further development of the new ideology of gender equality can ensure the achievement of not only equality of rights, freedoms and duties of men and women among themselves, but also equality of rights, freedoms and duties of a person regardless of his race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, affiliation to public associations, as well as other circumstances.

In order to spread this ideology to other countries, which makes it possible to destroy the imposed ideas of non-traditional values, racial and party struggle, etc., it is necessary to prove its effectiveness on the example of our Homeland, which will allow it to develop and prosper, and citizens to be treated fairly, both among themselves and by society and the state.

For the successful implementation of the new ideology of gender equality in the Russian Federation, it is proposed:

Firstly, to change the approaches to hiring citizens, their appointment to positions in legal entities, including commercial and non-profit organizations, public authorities and local governments, etc., as well as those engaged in entrepreneurial activities without forming a legal entity.

Such an approach should be based on fairness towards citizens when they are hired or appointed to a position, which means that the appointment is carried out on the basis of an open and objective competition according to the criteria established by the regulatory act, with the opportunity for the contestant to familiarize himself with the results of the winner according to the established selection criteria.

Thus, the employer is given the right to establish selection criteria that should exclusively evaluate the applicant's labor functions. Any criteria that establish discriminatory norms based on gender, age, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances (for example, attitude to military duty, which actually indicates gender) are prohibited.

These criteria can be both formal (level of education, specialty, work experience, etc.) and qualification (list of interview questions, assignments, tests, situational tasks, etc.).

Despite the fact that the formal method of evaluating criteria is not always effective, however, according to the author, it is an obligatory component, since, in accordance with laws, regulatory legal acts and other regulatory documents, candidates for appointment to public positions, as well as positions in public authorities and local self-government, must to meet the formal criteria, as a rule, the level of education, the relevant specialty, work experience and others required by the position.

Accordingly, employers must issue a regulatory act in which to determine the criteria for the possibility of appointment to the position of an applicant, as well as the procedure for conducting a competitive selection, which should be publicly available on the Internet in advance. The absence of such a publication should bear not only administrative responsibility, but also be the basis for canceling the results of the competitive selection with compensation for moral damage to the victims.

Taking into account the fact that business activities are carried out at their own risk, organizations that are privately owned, as well as individuals who carry out business activities without forming a legal entity, should be able to conduct these competitions themselves. The same right should be granted to non-profit organizations.

In our opinion, the situation is somewhat different with state authorities, local governments, as well as enterprises, institutions and organizations controlled by them, or with their participation. The fact is that both in the historical aspect and according to reports from individual media ^[53], these employers have cases of bribery, nepotism, protectionism, thuggery and other negative manifestations when hiring, appointing or certifying, leading to the fact that not persons are appointed who, according to their own business qualities would be able to perform official duties more effectively, and persons who have a different interest in hiring.

Secondly, by norm-setting, to bring the legislation of the Russian Federation into line with the provisions of the new gender ideology, which defines the unconditional equality of rights, freedoms and duties of men and women, as well as the introduction of restrictions in relation to a particular person according to the previously specified criteria, regardless of his gender.

Thirdly, to discuss in society, in scientific circles, public authorities and local governments the issues of equalizing the responsibilities of men and women, including in the following areas:

1. Reducing the retirement age of the male part of the population to the retirement age of women.
2. The establishment of the duty and duties of women to defend the Fatherland with obtaining military specialties in accordance with their physiological capabilities, as well as the establishment of a normal working day in peacetime for all military personnel (women and men, conscription and contract) in accordance with the labor legislation of the Russian Federation. At the same time, the main purpose of conscription service is to determine the mastery of a military specialty at a high professional level, and not "serving" time on the territory of a military unit.

At the same time, the physiological characteristics of men and women in the aspect of obtaining military specialties should not limit one of the parties. The author agrees that the criteria of physical fitness, health status and the results of professional psychological selection may differ on the basis of gender, but believes that the general provisions of legislation should be provided for within the framework of legal equality of both sexes, as laid down in the Constitution of the Russian Federation. We believe that less benefits cannot be provided to one sex in relation to the other, given the analogy of the situation.

1. Legislative equalization of the rights of fathers with the rights of mothers.

As a result, the declared gender equality of citizens in the Russian Federation will be really ensured, in connection with which not only the existing discontent of gender groups of men and women on discrimination of their rights will be significantly reduced, but also the results obtained can be effectively used to smooth out social contradictions in such areas as age, social status, marital status, attitude to religion and other factors.

Eventually, it will be possible to build a state with minimal internal contradictions between members of society, which will ensure its social stability, progressive development, and the general welfare of its citizens.

Using the example of the successes of our Motherland, the ideology in question is proposed to be proposed for discussion by the governments of friendly and neutral states, which will become the basis for establishing close friendly relations between states and peoples, as well as individuals.

Given the obvious opposition of the elites of unfriendly states, the dissemination of the proposed ideology of new gender equality is proposed to be carried out through propaganda through social networks and scientific publications in order to reveal to the citizens of these states the advantages of the Russian approach to gender equality over Western theories. Moreover, it should be noted that some leaders are already aware of the perniciousness of Western ideology, which refutes traditional values.

So, former US President Donald Trump, during his new election campaign, expressed the opinion that people have only two sexes (male and female), and received at birth, that is, he actually challenged attempts to change gender identity.

The Working Group of the Supreme Council of United Russia on 05/27/2023 has already formed a definition of traditional Russian family values, according to them, "traditional Russian family values are historically established, passed down from generation to generation, values, norms and customs preserved in culture and lifestyle in relation to the social institution of the family, marriage, matrimony, parenthood, kinship based on the traditional spiritual culture of the people of Russia.

These include: marriage as a union of a man and a woman; a large, multi-generational family as the basis of Russian society; motherhood, fatherhood and childhood; parents' responsibility for their children, the duty to take care of their health, physical, mental, spiritual and moral development, education of patriotism, citizenship and respect for elders; the priority of family upbringing; the care of adult children for their parents" ^[54].

According to Russian scientists, "the Western civilizational type cannot be predominant because of its foreignness and futility for other civilizational types." And their desire to destroy an identity alien to them is expected to encounter resistance" ^{[55, p. 37]}. Some scientists believe that the West deliberately creates a set of threats to "the Russian national mentality, affecting the national security of the state as a whole: the destruction of basic moral and cultural norms, religious foundations, the institution of marriage, family values." These threats have also been formulated and recognized in Russia's doctrinal documents, namely in the National Security Strategy of the Russian Federation 2021, the Military Doctrine of the Russian Federation 2014, etc.

Consequently, the Russian Federation recognizes the value of the national mentality of our people for the preservation of statehood.

As a result, the world ideology of peaceful coexistence of states and peoples on planet Earth will be developed and implemented.

Conclusion

Summing up the research, we note that despite the declared equality of men and women, reflected in the Universal Declaration of Human Rights, it has not been possible to achieve real gender equality in 74 years. Although the rights and freedoms of men and women established by the national legislation of most countries are actually equalized, their responsibilities differ significantly from each other, and in the direction of discrimination against the male part of the population.

The existing imbalance of responsibilities between men and women, caused by the struggle of women for their rights in the actual absence of such a struggle on the part of men, led to the emergence of separate social groups that wished to gain advantages over other citizens. As a result, there are conflicts that escalate into confrontation, in some cases with the use of violence and weapons, which is fraught with the possibility of civil wars.

At the same time, the ideologies developed, mainly by Western scientists, are actually imposed on our state in order to obtain the above-mentioned negative scenario. In order to counter them, a new ideology of gender equality has been developed, related to the protection of traditional values, the essence of which is to eliminate gender differences in the rights, freedoms and duties of citizens.

The implementation of this ideology at the initial stage of implementation in the Russian Federation will allow building a state with minimal internal contradictions between members of society, which will ensure its social stability, progressive development, and the general welfare of its citizens. At subsequent stages, with the expansion of the proposed ideology to smooth out social contradictions in such areas as age, social status, marital status, attitude to religion and other factors and its extension to friendly, neutral and unfriendly states, it will be possible to develop and implement a global ideology of peaceful coexistence of states and peoples on planet Earth.