Czajkowskiy S.V.
Mental conditions
as anthropological
factor of respect of the law
Mental conditions show the important
constituent of psyche of man. M.D. Levitov determines
mental conditions
so: "..it is integral description of psychical activity for certain
period of time, which shows
originality of flowing of psychical processes depending on objects and phenomena
of reality of, which are represented, previous state and psychical properties
of personality". Mental
condition is the actual indicator of individuality. From other side, a mental condition
not only represents, at the same time, it forms the psychical phenomena. Productive
is an analysis of mutual relations of mental conditions and properties of
personality. Yet Yung marked: "If state somewise becomes chronic, by investigation of it and there is an
origin of type, that usual setting, which one mechanism constantly
prevails in, though can not fully strangle other,
because with a necessity belongs to psychical activity of life". Other researchers pay attention that a character
trait can be examined as the
protracted state of personality is incarnate. Appears, that any line (whatever
sphere of psychical it touches) in one or another measure embodiment of the usual and protracted state of man.
Classic mental
conditions are divided into personal
and situational. In the first, foremost, individual properties of
man are
expressed,
in the second are features of situations which often cause not typical
for it reactions for a man". For the methodological and practical leading
to of this dogma it follows to probe
the state of affect, that brief disorder of psychical
activity of nonpsychotical level which arises up suddenly under act of external
factors, shows by emotions of anger, fear, narrowing of consciousness, motive
excitation and actions, directed against an irritant. The feature of the brief
affect state is that he carries on itself the imprint of influence of age-old,
social, cerebrally organic and somatic factors of, which determines his
uncompleteness, washed out in combination with the presence of affect disorder
of the anxiously depressed structure depressed,, which such state arises up on
a background. Immaturity can come forward
the first phase of this state, absence of vital experience of overcoming of stressor
and frustration situations, ignorance of ways of output, from a situation, insolvency to the real estimation of such situations
that unformed of psychological nocifensors determine forming of pathological circle
with sense of hopelessness. The second phase of the brief affect state is a
phase of explosion (changes of consciousness, depersonalizational and
derealizational disorders, and others like that). The
third phase, having separate displays of asthenia, shows up a desire to be
hidden, to abandon the place of crime, dissociate itself from what was done, by
the squeezing-out of what was done and situation which took a place. At such
state it is impossible to talk about absence for the face of respect for the law,
moreover respect to the legal and moral norms for such offender can be more
than at ordinary personality. However in this state the psychological factor of
respect for the law plays a second-rate role next to external or by other
internal irritants.
A mental condition|Y-level| of activity, will be attributed to the
states of unequilibrium".
In a state of equilibrium a person
is more inclined to
realize, to master and get
knowledge about a right, it (state )
is characterized the
higher level of socialization, «sociability»
of person , and that
is why prerogative for development of the phenomenon of respect to the right than the state of unequilibrium.
An age-old aspect appears
most ponderable at forming of personality and here can deal with the complex of the states of
unequilibrium. Say, a teenager can experience the state of unequilibrium, caused an age-old
crisis, in addition, it can be somatically
unhealthy child, and yet the
state, caused especially individually personality problems, can be
added here (relations are in
family, mutual relations with peers and others like that). In opinion of V.V. Vitvickoy, the crisis phenomena of socio-economic
development of Ukraine were reflected, above all things, on position of minors.
Modern society does not have necessary socio-economic and legal pre-conditions
for their valuable physical and moral development. On such conditions get
distribution of deformation of consciousness, in a that number low the level of
respect for the legal norms, or even
legal nihilizm.
At
description of reasons|accomodation| process of young personality the states of devaluation of moral and common to all mankind values
are sharpened , in
investigation what the correction of personality takes a place in the side of criminal traditions and customs. Particle of minor, from different data, in general criminality makes from 8 to 12%. According to
official statistical data on 2010 the amount of persons convict for committing
crime in minor age increased on 41% , and presented 5,4 thousand persons, their
part in a number all convict presents 6,6 % [5,8%]. The majority from them
(61,4 % [72,4% ]), or 3,3 thousand persons, had been convicted for grave and
especially heavy crimes. In age from 14 to 16, 1,5 thousand teenagers committed
crime, that on 55,7 % more, or 27,3 %
[24,7 %] from the number of convicted minors.