NATIONAL NATURE OF UKRAINIAN SENSE OF JUSTICE.
SOURCES OF FACTOR OF NATIONAL IN UKRAINIAN LEGAL CONSCIOUSNESS
Different social layers
and groups need legal different and interests, wills, pictures of justice and
morality in a right. The conducted analysis shows that methodological basis of
account of national factor in sense of
justice lines up from an absolute law. An absolute law always was the supplier
of those criteria which were used for the estimation of operating right, by the
scale of his justice. The system of common to all mankind legal values is
achievement of all humanity. In multinational society, where historically
mined-out national legal values justice and morality are can not be identical
in everything and for all.
Thus, in our view, national or natural in
sense of justice it is possible to define as system of legal looks, ideas,
presentations, feelings, emotions valued to the orientation, moods which
express the relation of people, nations, to the operating right, legal
institutes which regulate the sphere of national relations [1].
Thus, national in legal
consciousness, it is possible to define as system of essential legal sights,
ideas, feelings, valuable orientations, moods, which form the relation of the
people, the nations, to the law in force, legal institutes, which will legalise
sphere of national relations. Speaking about the Ukrainian legal consciousness,
we have in view of, first of all, system of very essential, traditional legal
concepts, theories, sights, ideas, feeling, valuable orientations, moods which
express the relation of the people, the nations, representatives of different
istoriko-legal cultures,the statesmen, the traditional Ukrainian earths
existing that instead of on be-what on to signs. The phenomenon national is represented as qualitative property of
any legal consciousness which is shown as much as possible in days of
transitive development of the right. In this plan the Ukrainian legal
consciousness is such legal consciousness which will standard legalise
ideological, the logic, theoretical and practical relation of indigenous population
or the title nation to the law in force, it subjects and to objects, that for a
long time has developed on essential laws of national legal mentality [1]. Through a prism national in legal
consciousness any state which is maximum defines the natural properties as
national is formed. At a dominant of the form of national legal consciousness
which is defined on a dominant of the title nation, those national interests
which are generated by the majority of the population united in the certain
nation-state that it is possible to define, first of all, on a state language
are priority realised. In any case, speaking about Ukrainian, Russian, Belarus
or other legal consciousness, we have, first of all, a nationality of the title
nation or national sense of justice of the majority of the population of the
certain state, the generated on laws of national attitude and understanding of
the world. Does not exist in the world of the state without the name, there is
no the abstract legal consciousness existing and functioning only
theoretically. The state and legal consciousness are closely connected. Not
without reason for the first time G.Gegel named legal consciousness "the
state form" (G.Gegel). In that case we speak about system the essential
ideological, theoretical, conceptual, world outlook and standard relations as
much as possible legalised and interpreted by the majority of the population of
this or that state to the law in force which expresses the relation of the
radical or title nation to the law in force, the validity, the state and a
society as typically national, generated in the mechanism of concrete
historical formation that developments of priority forms of legal consciousness
for all time of concrete historical time-space of existence and progressive
development of the title etnosa-people-nation of this state [1].
LITERATURE
1. Dmitrienko Y.N. Åhe Untraditional (nonclassical) form (type|typestyle|) of natural sense of justice and legal culture of // Problem of jurisprudence and law-enforcement
activity. Collection of
scientific labours. N
1. is Donetsk: DYUI, 2008. - N. 13-25