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
NEAR RESEARCH OF RIGHTLEGISLATIVE
CONTRADICTIONS AND LEGAL ALIENATIONS
OF ABSOLUTE LAWS OF
MAN AS TO SOURCES UKRAINIAN DEVIANTAl SENSE OF JUSTICE
For modern law-build,
on the walk of life of postsoviet sociallegal this as never relief there are those negative
consequences
of the near soviet legal system, which serve as now reasons of modern legislative
collisions, contradictions, and patalogy heavy development of ukranian of the legal system.
Arising up new legal,
sociallegal, legislatively are legal contradictions, lifely
does not go out and operate
personality, next to
objective maintenance, forming the antinomy of legal alienation and legal will of man.
Will consider such
public, social
culture
legal (unlegal) bond legal alienation between primary (by
physical persons), and also between the
primary and second subjects of sense of
justice, which went out from control of
feed-back and became independent, dominant above them by force, when in socially
- the legal field of deviantal society created after liner form
(by legal ideology,
Constitution) - legal, and
after from maintenance
(by nonlinear transformations) of non-law area social, socialcommunicative and
informatively communicative in other side (afterwards opposition) primary subjects of sense of
justice from the second.
In the context of our research such public, social-communication
legal bond between
primary, between the primary
and second subjects of sense of justice as by the objects of subjects of legal alienation of right from a law and
vice versa, it
is existed on the crisis cycle of social activity
heredity and to sense of
justice, when nascent non-law
deviations system-build in the integral phenomenon of deviantal sense of justice, reflection the completed
qualities of integral structure
of marginal character, with the dominant lines of unlegal deviations.
Legal alienation is other things of legal freedom, or life of legal non-liberty| or life of unlegal freedom|liberty|, or nonexistence of legal freedom. Socially legatine in sign maintenance of laws and initiations of bill,
legal alienation as
form of unlegal
information (heredity is concerted
with the general idea of
right as freedom of
legal action) arose up is
needed, as deviation the legal form of the phenomenon is formed (rebuild)
freedom which self-unfold in real
essence of deviation legal relationships, acquired nature of non-liberty where legal freedom became
a rebuild form not right last, or modus of the unlegal field of deviations of any law-rebuild as marginal| arch-facts of right, remaining at the same time phenomenal quality of
freedom as to will [1].
It took place, thus|on this grow|, double rebuild| natural,
mentally mediated legal ideal as truth of law
in the legislative reflection
of legal information (rights) in the legal,
sign matter of right (law), its maintenance, in the different forms|shape| of unlegal deviations of law and sense of justice, where the
phenomenon of legal idea is, after our idea, deviant
reflected in crisis liner
the loop of social activity of sense of
justice, able "virtually" to purchase essence non-liner informatively
synergistically functional truth essence of deviantal
sense of justice - judicial property of crisis law and crisis cycle of social activity of
ordinary, absolute law [2].
At that rate come forward facilities of
legal alienation
legislative system of the legal providing of ideological socialization of society, which has unnatural, unmental character and unmental basis of social
transformations, built on unnatural,
unprivate principles of the system of education and menage.
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