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)
GO NEAR
STUDY OF ACTUAL ASPECTS
OF INTERCOMMUNICATION
OF UKRAINIAN LEGAL CONSCIOUSNESS AND
IDEOLOGICAL FUNCTION OF THE STATE
The ideological function of the state appears today one of major
and in the realization, mainly, follows logic of legal and political consciousness and,
accordingly, tests the strongest influence from
the side of these forms
of public consciousness. Another part, it is necessary to mark circumstance that by means of realization of the
ideological function the state also influences substantial appearance on all
forms of public
consciousness, including - on legal and political. Denial of state ideology, in particular, in
Ukraine and in a number of other modern democratic countries, resulted in the
original denial of ideological function of the state, that was an inadequate
look to social reality and instrumental in the valued disorientation of society. It is
important to
consider, how this function is carried out and as it must be carried out in an order to be effective,
what role is played by legal and political consciousness in the mechanism of ideological influence of the state. In
this aspect this problem practically was not studied. Among scientists, studying|learn| problems, related to the theme of the real article, it is desirable especially to select the
followings domestic researchers: S.G. Kara-Murza,
V.M. Kuritsyn, O.E. Leyst, V.P. Malakhov, A.I. Ovchinnikov, A.C. Pigolkin,
So-called Rad'ko, V.M. Rozin, V.P. Stuffing-boxes, Aron, And. Arato, Z. Bauman, A. Bell, K. Poppera and other At the study
of all complex of problems, put
in the scientific
article, such scientific methods were used, as a system, compacts, historical, structural-functional; such methods of
philosophical-legal analysis, as dialectics, phenomenal| method. A large value
was given the use of possibilities of formal-logical
method. [1]
It should be noted that an ideological
function which it carries out both obviously is inherent every state and
hidden. In the system of ideology of
the state the ideas of legal and political consciousness enter as major component parts and|but|| complex ideas and mechanism of their
interpretation. In a positive right,
settings are legalized legal, and
through them and to political ideology of the state, legal procedures, legitimatize imperious relations are set. It is possible to select two model of realization of ideological
function of the state: ideology and manipulation.
The first models are
characterized support
on the opened form of the use of methods of realization
of ideological function of the state, and the second
is characterized the
washed out, not expressly articulated (or in general officially not acknowledged) state ideology and support on the
hidden form of the use of methods of realization
of ideological function of the state. Characteristic properties have political and legal consciousness and also
contain specific ideas
which are determined these properties.
Intercommunication
of legal and political consciousness shows up in intercommunication of these ideas in the
system of ideology of the state, in a positive right, reflecting its
maintenance, and also in political documents, reflecting the elements of political ideology [2].
Legal consciousness interprets ideas,
included in the system of state
ideology, legalistically, by means of their substitution procedure. Political consciousness
interprets these ideas richly in content and theology. Distinctions between legal and political interpretation
of elements of state
ideology make the major aspect of realization of ideological function of the
state.
LITERATURE
1. Dmitrienko Y.N Positive
of jurisprudence: forming of spirituality
in Ukrainian legal consciousness.
- ¹
3 (8) 2008. Teacher’s science.
Philosophy science. Right. - Przemysl|: Sp.
z.o.o of «Science and studio»,
2008. – P. 42-54
2. Dmitrienko Y. N. Transformation of
valued-semantic in Ukrainian legal consciousness|. – ¹ 3 (8) 2008. Teacher’s science. Philosophy science. Right. - Przemysl:
Sp. z.o.o of «Science and
studio», 2008. – P. 94-107