UDK 159.922:316.64:165.242.2+34:008
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)
GOING IS NEAR STUDY OF PUBLIC AND PRIVATE
UKRAINIAN LEGAL CONSCIOUSNESS,
CULTURE: QUESTION OF THEORY AND PRACTICE
Actuality of the scientific article is predefined
theoretical and practical meaningfulness of questions of correlation of private
and public right, judicially carried out as private and public sense of justice
of workers of the Ukrainian enterprises, decision, what is not only a general theoretic
problem. Having the brightly
expressed pragmatic
character, co-operation
of private and public sense of justice provides a judicial right for the state on interference
(within the limits of such interference)
with private life of citizens, in and other economic, enterprise, spheres.
Terms «public sense of justice”, «private sense” of
justice, in spite of
developed of concepts
“public law”, “private right” not known
from ancient times. After
the ideas of the ancient Roman
lawyers, dismember all
industry of sense of
justice on two large
spheres – sphere of sense of justice public (jus publicum)
and sphere of sense of justice private (jus privatum)
after the criteria of the official
theoretical and practical distributing
of right on public and private. Historical between’s by private sense of
justice, which removes
essence judicial specification of private legal relationships, and it is
possible public sense of justice, which removes essence judicial specification of public legal relationships, to
characterize the state of permanent confluence that et al forms, from what public and private
sense of justice go out only gradually by
deceleration or acceleration of the history – law becoming of the proper forms of legal culture. Thus, a major problem, as well as before, a search of criteria which allow to
conduct differentiating between public and private sense of justice is, and also to select that or
other industry of legal
reflection by certain
sense of justice and it by
a dominant form in a separate institute and even concrete norm of law acknowledge to public or private
sense of justice. The basic
value of this
distributing consists
in that for his help
appears possible to present the general picture of reflection of legal
reality sense of justice, it
general judicial
contours, to see
general, special, specific processes ,
communication, and mental of private and public sense of justice, which the legal system of national
sense of justice of certain country consists of|from|, it
static and process right on the whole and others like that. Therefore, distributing of Ukrainian sense of
justice on private and public, is
distributing of the
conceptual,
valued order [1].
Private sense of justice, as well as private
right, and public sense of justice, as well as public law, being high-quality different industries judicially legal adjusting, in the aggregate related to bases|foundation| of a particular branch judicial right, touching his|its| place
and role in life of people, determining
values. Co-operation of public and private sense of justice represents law -
process mobile balance of interests of
legal and political forces
of modern form of country
– law consciousness,
political system, mechanisms of management, measures of freedom
and independence of citizens. Problem of correlation of private and public
interests in publican and
examined the private
form of sense of justice
in different aspects.
Achievement of objective balance of private and public interests by differentiating of
private and public sense of justice is
one of terms of development and co-operation of Ukrainian civil society and legal state.
LITERATURE
1. Dmitrienko Yu.N. Going near research|work-up| valued-semantic spheres of sense of justice
of the Ukrainian young people //
Announcer of
the Zaporozhia legal institute.
– N 3 (40). - Zaporizhzhya: ZYUI, 2007.
- P. 54-62