Dmitrienko I.V., senior teacher of University of Idea ( Kharkiv-Kyiv)
Dmitrienko Yu.N., Ph.D., bread-winner of scientific degree of doctor of legal sciences of
the Kievan National research university, the name of T. Shevchenko (Kyiv) )
FITTINGS ARE TO VCHENNYA OF ECONOMY IN
CONTEXT OF SOCIALIZATION OF UKRAINIAN LEGAL INTELLIGENT AND CULTURE: KRIMINAL'NO-PRAVOVOY ASPECT
Sense of justice as specific form of social consciousness of presents in
ideological psychical kind legal conduct (activity) and national legal system
on the whole, subjectively determines a role and place of right (legal culture)
in the structure of general culture as objective individually public life,
estimating from this positions all aggregate of social information, shown in
legal categories. The sociallegal options of the normative field of legal
consciousness not only reproduce public life
in his legal form as directly legal (law keeping) norms, whether values of
legal culture, but also represent the legislative
matter of the moldbaked (civilization) social standards of
economy. Thus, as see, contradiction between a formal right (by a law) and publicly regulative, in
social space, valued-rich in content in
their aspect during homogeneous
interorganization of public information always give a right sense of justice potentially “deviantnogo”,
and to fact – ambivalentnogo
character.. After the conclusions of separate researchers, the historical
process of proceeding in natural legal relationships and becoming of law and
order and, accordingly, effective compromise in the process of sense of justice
and legal cultures takes place as purposeful development of legal morality,
that, as known, carried out on a background the public forming of new man (or
theoretical socialization it legal consciousness . In the process of
socialization of sense of justice, that, as we discovered, has nature, the special role is played by the state function of right, as, in our
view, the problem of natural (and - nationally socializing) legal socialization
of sense of justice is contained in legislative socialization of national
sozuim. In fact, after the ideas of our researches, character of sense of
justice of legislator (what directly influences on all industries of processes
of national raght action and is
primitively mentally mediated, creating these the possibilities of
transferrableness of natural world view soil for forming of national
consciousness and integral sense of justice, and accordingly active good
behaviour (to activity). As professor
M.I. Bazhanov marks, the initial institutes of criminal right is a crime and punishment. This dialectical
constrained tegories in relation to sense of justice express possibility, ne of alternative variants
of external expression of legal options in the socially meaningful conduct of
certain kind. Because of not in all
cases publicly positive character of oriented of legal consciousness, they also
provide for to a certain extent, forecast, foresee both some publicly dangerous acts and their
result and legal consequences. Therefore to the criminal right peculiar not so
much normative as protective character. The priority accent of right education
function of criminal law is put preeminently on warning of especially
unfavorable displays of sense of justice, prophylaxis of conduct (and,
adequately, to consciousness), prohibition,
conviction of cases of violation of
law and order and legality, from the
side of sozuim and state. Accordingly,
maybe, that the field of criminal law,
from one side, is priority instrumental
in forming of sense of justice, intervartno oriented to stopping, implementation and defence, from
encroachments of certain dominant norms of national (legal) consciousness as mentally ethics; from other, provides individual
authentication of tasks of national legal ideology,
succession, and others like that by the gnosiological
understanding (awareness) of negative variants in the structure of own legal culture [1-2].
LITERATURE
1. Dmitrienko
Yu.N. Nonlinear nature structurally system elements of
deviantnoi sense of
justice // The Scientific announcer. Series are "Philosophy".
Vip. 14. - Kharkiv: OVS, 2003. - N. 79-86
2.
Dmitrienko Yu.N. the Actual
aspects of theoretical socialization of posttotalitarnoi sense of justice in
the context of legal education // Right and safety. Vip. 3003/2'2. - Kharkiv:NUVs, 2003. -
N. 12-16