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 RESEARCH 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 criminology 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, honour 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|what| 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 connected 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 orient which
determines the mechanism of formation of this social phenonmen. 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. – ¹. 34-52 [Electronic resource]. it is access Mode: http
// www.nbuv.gov.ua/e-journals/FP/2006-2/06dumdir.pdf