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 RESEARCH|work-up| OF DEFORMATION OF PROFESSIONAL LEGAL
CONSCIOUSNESS AND CULTURE OF LAWYERS
In the modern world in the process of
dynamic political and economic
transformations,
there is a danger of mass psychological crises of instability of group and individual legal consciousness. Under deformation of
professional sense of justice of lawyers it is followed to understand the change of descriptions of face of lawyer, him professional possibilities in an asocial side, predefined both the
process of forming of
person and features
of maintenance, organization and terms of him, professional activity. Actuality
of research of
deformation of professional sense of justice as a system the difficult sociallegal phenomenon which carries out negative influence on a
person and on
efficiency of legal activity, predefined the row of reason: 1) crisis socio-economic, political, legal
transformations.
2) there was socio-economic instability, complicated sharp of basic spheres of public life. However
considerable socially antihunt, normatively legal potential of Basic Law of
country, especially
that its part which is devoted rights and freedoms of man,
and dignities of person,
can be really incarnate only at the terms of making of effective mechanism of
his realization. In the
search of such
mechanism, as appears
us, important place the
problems of deformation of professional sense of justice of lawyers, problem of nihilizm, justice
must take the. Professional sense of
justice of lawyer, as one
of forms of sense of
justice presents the system of legal looks, knowledges, feelings, valued an orientation, other structural elements of legal
consciousness of
specialists – people which professionally carry on legal activity and which requires the special
educational and practical preparation. Deformation of professional sense of
justice is the complex
of original associate
changes of separate
qualities of face
of lawyer on the whole, which arise up as a result of implementation
professional activity. In connection with that professional sense of justice of
lawyers in a general form|shape| can be presented as a system of elements: legal knowledges,
ideas, looks, presentations, options, that will be realized in motion of professional activity, then deformation of professional sense
of justice of lawyers is
examined as a
rejection all or a few
components of
structure from a certain
norm, social which determines the mechanism of
formation of this social phenomena . Deformation of professional
sense of justice of lawyers
in a present tense appears
in different forms. On the example of such
categories of lawyers as
judges is the phenomenon of «accusatory
slope» («presumption of guilt»)
which consists in a look to the defendant, whosesoever guilt is yet well-proven a court, as on a man which did this crime sure. The
«syndrome of own infallibility»
is also selected at the decision of professional questions. The psychical
constituent of this display professional deformation consists in the overpriced
self-appraisal, to
the confidence in infallibility of the opinions, looks and acts, and sometimes in uncritical attitude toward illegal actions. Basic directions of neutralization of reasons and terms of deformation of professional sense of justice of lawyers is: legal education and legal studies, prophylaxis and correction of deformation of
professional sense of justice of lawyers, in problem perspective and concretely practical to the plane [1].
LITERATURE
1. Dmitrienko
Yu.N. Problem of wrong legal reflection
by sense of justice of reality as a white spot of Ukrainian jurisprudence:
theory of legal ideology as the perverted sense of justice (sources, history,
reality). Part is 3 // Forum of right. – 2006. – N 2. – P. 34-52 [Electronic
resource]. - It is access Mode: http // www.nbuv.gov.ua/e-journals/FP/2006-2/06dumdir.pdf