UDK
of 159.922:316.64:165. 242.2
Dmitrienko I.V. Kharkiv national pedagogical
university the name of G.S. of Skovoroda
Dmitrienko Yu.N. Kyiv national university of the name of Taras Shevchenko
NEW GOING NEAR UNDERSTANDING OF CONCEPTS
"TO SUCCESSION OF LEGAL CONSCIOUSNESS AND CULTURE", "SUCCESSION
OF DEVELOPMENT OF LEGAL CONSCIOUSNESS AND CULTURE", "SUCCESSION OF
BECOMING OF LEGAL CONSCIOUSNESS AND CULTURE "
Taking into account our old remark about
natural objectivity of legal consciousness, objective reflection of legal
reality, underline our position that the natural becoming and development of
Ukrainian legal consciousness is founded, after the conducted researches [1] on
natural conformities to law and laws, first of all, family legal nature
(development), and, in the second turn, specific legal nature (becoming)[2]. We
also insist on that the brightest standard of natural Ukrainian legal
consciousness is ordinary (ordinary) legal consciousness which has the
protracted nature of world ideological-view her application or as an integral
mechanism of the legal adjusting of public relations (crisis cycle of social activity),
or as certain basis of mechanism of the legal adjusting at a strong static
right (uncrisis cycles of social activity legal to consciousness). For the
optimal understanding of becoming and development of legal consciousness
important are an analysis of concept "succession of becoming and
development of legal consciousness and culture" and "succession of
legal consciousness and culture". So under a concept "succession of Ukrainian legal
consciousness and culture" we understand a continuous accumulation
generalized, in the first turn, by ordinary legal consciousness of mental
internalss of world ideological-view and normatively-legal reflection of legal
reality by her substantial subjects, that is designated by the increase of national Ukrainian mental closeness of Ukrainian centrality of component proportion of the
Ukrainian legal idiom after her formula [3]. Speaking about the "succession of becoming and development of
Ukrainian legal consciousness and culture", we have two to the succession:
"succession of development in legal consciousness and culture"
("succession of development of legal consciousness and culture") and
becoming "succession in legal consciousness and culture"
("succession of becoming of legal to consciousness and culture"). Yes, under a
concept "succession of development of legal consciousness and
culture" we understand such continuous accumulation of different,
including priority system-logical world view legal ideas which society requires
more than all, and that allow to choose undoubtedly such the most important,
lasted working, that satisfies, all concretely-historical
society, and, at least, swingeing majority of members of the same society or
imperious elite. Hereupon on soil of confessedly in the wide circles of public
society of legal idea, absence of which was braked by the normatively-legal
becoming of publicly-meaningful actions, values, requirements and necessities,
there is further arrangement of proof standard
relations
which afterwards transform in a type normatively-legal. With final
determination of standard, id est national legal idea,
own, forming of succession of development of legal consciousness is closed and
the period of her begins becoming: the Basic law appears, that allows to be
optimally transformed farther to those already to the typical legal norms which
became the result of functional action of certain act (acts) of legal
consciousness. Thus, the succession of becoming of legal consciousness begins
to be formed.
Succession of becoming of legal consciousness as typically national, it is such
regular and continuous accumulation on world ideological-view soil of national
legal idea, introduced
in
rich in content basis of new Constitution, proof normative regulators of public
relations which create the proof different norms of judicial
and static right.
In this context "succession of legal consciousness and culture", it,
probably, succession between the "succession of development of legal
consciousness and culture" and "succession of becoming of legal to
consciousness and culture". She is, when strong tradition of the wide
ordinary emulating methods, methods and facilities of such traditional forming
of ideological outlooks of the normative adjusting of
public relations, which lasted does not change at the historical, modern and
future periods of becoming and development of legal consciousness, is created,
possibly from distant ancient and to present
time. When the succession of legal consciousness is torn, the natural way of
her becoming and development stops. When he does not recommence, - the
artificial becoming and artificial development of legal consciousness begins
not as national, and, probably, ideological given and nature [4-6].
Literature:
1.
Dmitrienko Yu.N. Going near making of criteria of
determination of the natural and unnatural becoming and development of
Ukrainian legal consciousness and culture / Yu.N. Dmitrienko // Forum of right. - 2010. - ¹ 4. -
P. 305-318 [the Electronic resource]. - ²t is access
Mode: http://www.nbuv.gov.ua/e-journals/FP/ 2010-4/10djmctk.pdf
2.
Dmitrienko I. V. Ways of development and becoming of Ukrainian legal
consciousness and culture in XIV - XVII of century: specific, sources,
tendencies / I. V. Dmitrienko, Yu.N. Dmitrienko // Forum of right. - 2010. - ¹ 4. -
P. 297-304 [the Electronic resource]. - ²t is access
Mode: http://www.nbuv.gov.ua/e-journals/FP/ 2010-4/10divcdt.pdf
3. Dmitrienko Yu.N. Direct effects of deviant sense of justice: the first formula of the
Ukrainian legal idiom // Right and safety. Scientific magazine. 2004/3'2. -
Kharkov: NUVS, 2004. – P. 11-18
4.
DMITRIENKO UY. NEW ACTUAL ASPECTS OF BECOMING AND DEVELOPMENT OF UKRAINIAN LEGAL
CONSCIOUSNESS (2) (Ïåðñïåêòèâíûå
ðàçðàáîòêè sciences of è
òåõíèêè (Poland, 07 - 15 íîÿáðÿ 2010) // Materialy VI Miedzynarodowej naukowi - praktycznej konferencji
of "Perspektywicze of opracowania sa nauka i technikami - 2010"
(07-15 listopada 2010 rokè). of Volume 9. Pravo. - Przemysl: Nauka of i studia, 2010. – P. 15-17
5.
Dmitrienko Yu.N. NEWEST ACTUAL ASPECTS OF BECOMING AND DEVELOPMENT OF MODERN
UKRAINIAN LEGAL CONSCIOUSNESS (1) // Of Materialy VI Miedzynarodowej naukowi -
praktycznej konferencji of "Perspektywicze of opracowania sa nauka i
technikami - 2010" (07-15 listopada 2010 rokè).
Volume 9. Pravo. - Przemysl: Nauka of i studia, 2010. - P. 17-19
6. Dmitrienko Yu.N. Direct effects of deviant sense of justice: the first formula of the
Ukrainian legal idiom // Right and safety. Scientific magazine. 2004/3'2. -
Kharkov: NUVS, 2004. – P. 11-18