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)
GOING IS NEAR STUDY OF SENSE
OF JUSTICE AS BASIÑ OF SOCIAL DEVELOPMENT AND MANAGEMENT
After
the conclusions of
the last researches,
unlike other forms of
public consciousness,
the specific article of reflection of
sociallegal reality and direct
object of influence the law has
sense of justice as a system of obligatory norms (rules of social conduct) and principles, legal
relationships, legislation, legal conduct and, finally, legal system, on the
whole. Already I.Il’in
underlined that the specific line
of the sense of justice concerted
in a civilized manner consisted in that the last “knows”, the object
“realizes” after the essence is “knowing will to the right which acknowledges him in his objective value and obligatoryness, and acknowledges him because it acknowledges his purpose” That, after I.Il’in ,
sense of “normal” sense of justice consists in a fight|wrestling| for a law and order. In our view, legal consciousness, except for self-reflection
representation in the certain legal ideas of sociallegal
reality, well-off to send legal subjects to adequate
transformations in a sociallegal environment, and also to forecast and design them.
Sense
of justice, removing
the different types of
public relations, the general
phenomenon of public consciousness
represents also prologs by it,
after the supervisions of many researchers, the influence on all industries of processes of national rightcreation and lawrealization [1].
It is
needed to mark that
definitions, which uses different authors at interpretation of
phenomen sense of justice, on
the whole,
presumably, coincide, but there are some features. However needed it is to accede to that, without regard to substantial achievements
in industry of creation functionally
concept terminology
vehicle of research of
phenomen sense of justice,
there is a requirement in
the subsequent
approaching of maintenance of these concepts and terms
to their modern lawfilling and lawrealization.
It is possible argued (though|though and| in classic soviet style) enough to name determination of sense of justice of
V.O. Chefranovim - as aggregates of legal ideas and proper them psychological forms|shape|, which reflects public life through the prism of class relations
and those which are incarnated
in the norm of right.
P.M.Rabinovich
diffuses and something
modifies afore-mentioned determination,
adding attitude of people
toward the desired right and
sense of justice as a system to him. Similar determination offers O.F.Skakun: “Pravosvidomist' is the system of
ideas, presentations, emotions and senses, which express
attitude of individual, group, society, toward operating, the pas and desired|desirable| right, and also to|by| activity, related to the right”.
V.V.Kopeychikov
et al suitable
spare attention a place and role of sense of justice in
providing of freedom of person and other common to all
mankind values.. Thus rightunderstanding is
basic of social
development and management.
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