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 NEAR STUDY OF DEFORMATION OF
UKRAINIAN LEGAL CONSCIOUSNESS,
CULTURE, AND LEGAL FACILITIES OF ITS OVERCOMING
The legal state|figure| of modern Ukrainian postsoviet society not by chance at many
situations causes an alarm
and disturbance. A making progress decline over of standard of living of great masses of
population, growth of
social tension, is brought by the
decline of cycle of social activity of
Ukrainian sense of justice and
to its deformation [1-2].
Legal consciousness,
his structure, cycles of social activity, form, kinds|appearance| and functions, is|appear| the difficult enough multidimensional integral phenomena. The account of originality
of structure, level,
kinds and functions
of legal consciousness
in law-creation will result in
a volume, that new
normative acts which are
accepted become far more clear, and the their imperativeness contacts directly with their
implementation, law-obedient in
society and state which the same promotes status of legal culture and more high. It allows really to
plug legal consciousness
of wide circles
of young people in a law-creation
process at the terms of
update of Ukraine.
The basic institutes of society, which
influence on forming and determination
of specific of legal consciousness,
his deformation, young
people, are results of
activity of large circle of participants of
social relations: public and local self-government authorities, educational
establishments, foremost, middle
school, facilities mass information, is socialdemographic and in a civilized
manner ethnic groups, public organizations, monogynopaedium, individual leaders. All of them form
the difficult system of
co-operation of legal consciousness
of society, state, citizen, person,
in a present tense, developing chaotically and unstably. Deformation of
Ukrainian legal consciousness
can be certain as such
publicly legal the phenomenon,
which is characterized
the negative or marginal
forming for the subjects of legal consciousness and culture of concrete normative
stereotypes, ideas, estimations,
knowledges, sociallegal options, feelings and emotions, which
is distorted
represent the real legal picture
and express negative
attitude toward the existent
system of static right,
mode of legality and
mechanism of the rights adjusting, which legal consciousness is. Deformation of legal
consciousness is
predefined the high degree of its dependence on socio-economic, socio-political
and in a civilized manner legal traditions, substantially or mediated
influencing on legal consciousness.
To the most widespread types of deformation of
legal consciousness
take: legal infantilism, legal nihilism, legal idealism, regenerate consciousness and legal consciousness which regenerates. As basic ways of overcoming of deformation of legal
consciousness are
selected such: 1. To form favorable
development tendencies in a social environment, forming positive efficiency of process of legal socialization of person. 2. Perfection and modernization of the Ukrainian
legal system, more clear reflection in
it of questions of legal
policy, that would allow
to approach actual
legal consciousness
to the values of static right. 3. Acceptance of
complex legislative acts about the guard of rights guarantees of citizens, strengthening of punishments, in relation to the public servants of
public organs authorities, that they are violated. 4. Development on the republican and regional levels of the program from legal
education, acknowledging it
basic part of the general program on work with citizens.
LITERANURE
1. Sapun V.A. Socialist
legal consciousness and realization of soviet right.- Vladivostok, 1979. – P.
6-7.
2. Alekseev A.S.
Theory of the state and right. Textbook. - M: Yurist, 2007. – P. 68