UDK 159.922:316.64:165.242

Dmitrienko Y.N., Ph.D., bread-winner of scientific degree of doctor of legal sciences of the Kiev national research university, the name of T. Shevchenko (KNDI the name of T. Shevchenko, Kyiv city)

 

ROLE OF NATIONAL CONSCIOUSNESS IN FORMING OF LEGAL CONSCIOUSNESS OF UKRAINIAN CITIZENS

(on the example of the Crimean-Tatar people of Ukraine; national features of becoming of Ukraine legal  consciousness)

 

  The pas must serve as a lesson for today. History testifies: in the leadthrough of national policy of the Soviet state there were gross violations and self-will. Whole people were disentitled not only on free legal development but also on the existence. National consuetudes, traditions, norms of charm, which expressed essence of national in Crimean-Tatar sense of justice and sense of justice of people of North Caucasus, was examined as vestiges of the pas, with which it was needed to fight by all facilities. Table of contents of international, which understood fickly, his excessive became ideological basis of fight against all national. In public consciousness a idea was constantly inculcated that the process of internationalization of sense of justice is getting rid of all national. But internationalization consists not in violent eradication of national consuetudes and traditions, but in honour them from the side of other people. In relation to nations and nationalities not only did not adhere to the norm of justice and morality but also all state machine pursued a purpose - to rid of national the pas of people. Introduction of national maintenance in sense of justice at these terms not only was not encouraged but also in every way was braked. Sure, the process of rapprochement of people does not eliminate leveling of some sides of national life. It is the necessary natural process of co-operation of people and cultures. But the policy of the rough ignoring of national in the relations of nations not only humiliates dignity of people, annoies national senses but also is able to cause anger, which with lightness is carried on the relations, is caused social tension, is blown up a law and order, perniciously influences on the state of public legal consciousness [1].  Actualization of national legal consciousness takes place exactly in periods of absence of terms and guarantees for normal legal development of people, in such time interest increases to legal historical the pas of the people, aspiration grows to renewal of the lost historical cultural values. With development of legal consciousness national legal interests as necessary practical realization of natural persuasions which were since olden times folded, thought, world view of people, that is closely casebound with will decision of people, makes maintenance and reasons of activity, forms the options of person. Confession of right as a social value serves as the task of satisfaction of those necessities and interests, which are related to strengthening of legal status of person, its rights and freedoms. In legal development the necessary special account of these interests and necessities. Their ignoring or violent eradication can turn around the flashes of conflicts, to result in deformation of legal consciousness. In order to ratify prestige, authority, force the right necessary strained work permanent and from development of all legal system of society, which would national features which have noticeable influence on becoming of sense of justice.   Thus, the account of national values of the Crimean-Tatar people of Ukraine must be in basis of all objective estimation of maintenance and level of sense of justice of population, analysis of the state of legality and law and order in this region of Ukraine. Today, when attitude toward nations in equalization with recent the pas considerably changed in the best side, national values in a right must find the deserving place in legal development of people. And this, in our view, can  to one of substantial factors of increase of efficiency of practice.  Yes, at the heavy periods of history national traditions and consuetudes, the norms of shariatu were fully excluded from a legal sphere, but they were studied in philosophical, historical and ethnographic science. On the problems of national consciousness discussions proceeded about essence, functions, role of national traditions and consuetudes in public life. In this connection there are of interest scientific interpretations of these questions [1].              

                                       LITERATURE

1.Dmitrienko Yu.N. NEW IDEAS ARE ABOUT BECOMING AND DEVELOPMENT OF UKRAINIAN LEGAL CONSCIOUSNESS  http://www.rusnauka.com/2_KAND_2009/Pravo/37696.doc.htm// Materialy IV Miedzynarodowej naukowi-praktycznej konferencji «NAUKOWA PRZESTREN EUROPY – 2009»  (07-15 kwietnia 2009 rokè). Volume 8. Pravo.  Przem ysl: Nauka i studia, 2009. – P. 41-42