NATIONAL DOMINANTS IN A STRUCTURE AND FUNCTIONS OF
UKRAINIAN LEGAL CONSCIOUSNESS
National factor in sense of justice becomes necessary
pre-condition as such, that identifies natural sense of justice only that is
national (unartificial, innocent), a national factor becomes necessary to
realization of national legal policy, he sets in motion all system of legal
norms and legal relations, which represent the features of life of people,
which behave to that or other nation nationality. It allows to judge about the
multifunction setting of legal consciousness. Strengthening of national
composition in maintenance of sense of justice assumes the awareness of all
phenomena of spiritual culture, including a right, system of current
legislation, estimation them from positions of justice and high morality,
mentally so, that some time will be adequately to the requirements of the best
folk traditions and legal consuetudes [1]. Legal consciousness is the well of
just and ethics ideas, looks, presentations which in that or other degree find
fixing in normative acts and proper legal norms. It is here possible to talk
about the leading role function of
sense of justice, including necessary national potential. In relation to the function of sense of
justice, it should be noted that she in a decision degree concernes by
accordance of normative potential of legal rules of conduct to the requirements
to humanism, justice, parameters of right as values. Legal consciousness, in a
greater degree absorbing the national features of life of primary subjects of
sense of justice as bases of national national sense of justice mediated
provides the vital functions of nations, aims the nationally-legal relations in
a necessary river-bed, and socially-groups actions, the conduct of individuals
is strictly estimated from positions of justice, spirituality, morality, that
has by original sources national way of life. The feature of sense of justice
consists and in that she is a mean original normatively, aims nations,
nationalities to the certain purposeful actions and actions in the field of
national legal interests and values. She in an aggregate with the norms of
right determines scopes and forms of conduct of people in the national and
relations. It allows to talk about the important practical setting of such
spiritual sphere which sense of justice is in its national conditionality. Knowledge of features of national aspects of
sense of justice, its functioning and development allows to estimate
possibilities of this form of public consciousness in the field of equipping
modern with amenities and development of national and relations. Underlining a
specific and importance of national factor in sense of justice, it should be
noted that sense of justice of the valued level has the real pre-conditions for
becoming and development only in the conditions of functioning of legal society,
that democratically develops, hears the confession spiritual, cultural, ethics
values. By a right and his reflection - legal consciousness - conflicts are
overcame, the decision of the heaviest national relations gains positive
character. National legal development all closer with the features of national maintenance of sense of justice.
Such folk values are instrumental in it, as national traditions, consuetudes,
norms of morality, which are with care saved and is passed from a generation to the generation. Favour
to the best legal standards is fixed not only in sense of justice but also in
the proper traditions, consuetudes, norms of culture and other social
regulators. Functioning of national maintenance in sense of justice flows in
the civilized society on the basis of reflection of the real, opened to society
national legal reality, including, that allows all-embracing to express
nationally-legal interests and necessities, be instrumental in activation of
becoming and development of legal consciousness of people, nations, tasks
forces and individuals [1]. At new
social and political terms Ukrainian
reality, the members of society have a right to expect more substantial positive
changes in forms and methods of functioning and development of national
features, factors in public, group and individual legal consciousness.
LITERATURE
1. Dmitrienko Y.N. National idea in the context of spiritual|spirit| update of Ukraine (to
the problem of genesis of postsoviet sense of justice) of // Scinse-teoretic achievements of Suburb
Ukraine: philosophy, religion, culture.
Collection of the
scientific
articles.-Kh.:Kursor,1999.- P. 35-41