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 STUDY OF FEED-BACKS IN
UKRAINIAN DEVIANTAL SENSEOF JUSTICE
In philosophical-legal relation dominant of
system elements of sense (legal idea, tradition, idiom, but other) of justice above structural (legal configuration, legislative field, rightlegislative
the state but other) there is first condition of functional
effectiveness of legislative imprint
of the reflection world of right.
Legal consciousness
at such parameters and posttotality terms concretely
historical linear laying-on of positive law-move
and proper actual existence as deviant (transitional), judicially
removes the crisis
(critical) destructive
transition
(evolutional transformation) of postsoviet sociallegal reality inplane
forming mentally - marginal, quantitative legislative
relation of history-structure domestic law-demand
andlaw-needs in external, world, civilization adapted legal
evolutional quantitative (after standards, for example,
of international law). These processes of legal awareness of transgressive development marginals, socially – legal changes view-incompletely, ideas and unfunctionally in-determinant chaotic forming them both
mutual and any
functionally priotental
(as topically transgressive) determinantal and to the conditionality. By such sociologically legal qualities in structural attitude toward modern crisis law-move,
that inside dependency
upon the state of
legal culture, is: insufficient (low) level of legal culture for the
primary (physical persons) subjects of sense of justice, which is belonging of specific legal nature, functional and methodological non-effect of transitional (posttotality) legal laws transitional of legal structures, them illegal great
number, requirement in
their perfection,
absence of social defence,
«disparity» of
rights and freedoms,
fixed in main law the real rights and freedoms
of citizens. Such situation of argumental
testifies to the weakness of legal tradition, non-
functional of
legal idea, composition non-turned of certain domestic legal idiom both in the structure of social-law-consciousness processes on the walk of life of
certain law-spaciousness and in the world system of
rightcorrelating influences from the side of idea-aim-inputed of structural elements of sense of
justice. The last have, as certainly
deviantal parameters of legal reflections, which have the sources of deviation of legal awareness of transitional
social reality. Think that under such circumstances reflection subjectively
positive qualities
personally – inter-crisis law-transformational and proper law-reflection as a dominant. These qualities after the descriptions,
consider, does not
can methodologically - functionally not to remove that external (macro) connections between rightstructural,
law-system
and determinant-in-determinant stochastic (destructive) spontaneity of right-transformation certain ethno-social
culture
of space, that ideological outline external limits
structurally - system
"co-operation" of internal
law-demand and mentally structured after the norm of law of national law-needs [1].
After
some arguments of the last researches
of fundamental problems of right,
methodology of right, in particular, can draw conclusion that in number, - high-quality (structurally - system), causal
and actual , deteminantal are in-deteminantal (causal) descriptions (micro)
of connection (to the transition) between the structural (spatial,
mold-baked, quantitative) and system (by sentinels, rich in content) elements
of right fame after maximally -
functional and methodologically – roles able the field figures of the last to explain those
logically possible, functionally effective transition (copulas) of the
rightlegislative phenomena which definitely (legalization) level of opposition
of right and law in concretely historical to the norm of law as legal truth. In
this relation under position of right to the law, and to the law in a right
will understand that functionally certain
or indefinite possible
effectiveness of right for the primary (physical persons) subjects of sense of
justice as a moral theology equivalent law (legislative base) of the second
(legal entities) legal in an ideological plane and law subjects as non-moral of
positive equivalent of right in his world view plane, that ideological - world
view creates the phenomenon of law as system
and other-form in rights. Then present
a right a structural or rich in content form or maintenance of law as a certain legal structure, or by
maintenance of legal consciousness.
The level of opposition of right and law, law in a right determines the level of world view
their asymmetry-symmetry, which has also concretely historical character,
maintenance and form [1-2].
Thus, negative reverse copulas
in the non-process parameters of right and law, between a right as noumen and law as by the phenomenon of
certain times-spaciousness sociallegal reality is
the socialization constants of
nonlinear theology law-change which it can informing find out, to probe and correct . At the level of
legal consciousness
which is deviantal at posttotality terms, this copulas
are identified, as know, in the cycles
of social activity of its succession, which has, as a rule, concretely
historical character.
Literature
1.
Petrova L.V. Fundamental problems of methodology of right: monograph. – Kh.: Right, 1998. - 416 p.
2.
Dmitrienko Y.N. Some methodology problems of social policy in the context of deviantal sense of justice of // The Tenth
Kharkiv political science reading of "Forming of public policy: theoretical, practical
and legal aspects" (Collection
of the scientific
articles). – Kh.: National juridical academy the name of Y.Mudrogo, 2000. - P.
52-53