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 (Kyiv city)
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 (just publican)
and sphere of sense of justice private (jus private)
after the criteria of the official
theoretical and practical distributing
of right on public and private. Historical betweenness by private sense of
justice, which removes
essence judicial specific of
private legal relationships, and it is possible public sense of justice, which
removes essence judicial
specific 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-rights 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 right-consciousness 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, special processes of corporation, communication, and mental “codification” of private and public sense of
justice, which the legal
system of national sense of justice of certain country
consists of, it static and procession 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 of otherbranch a particular branch judicial right,
touching his place and role in life of people, determining values. Co-operation of public and private
sense of justice represents law-procession mobile balance of interests of legal and political
forces of modern form of state-rights consciousness|intelligent|, political system, mechanisms of
management, measures of
freedom and
independence of citizens. Problem of correlation of private and public
interests in public 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 Y.N. Going near research|work-up| valued-semantic spheres of sense of justice
of the Ukrainian young people //
Announcer of
the Zaporozhia legal institute.
–¹ 3 (40). - Zaporozhzhya: ZYUI, 2007. - P. 54-62