UDK 159.922:316.64:165.242.2+34:008

Dmitrienko I.V., senior teacher of University of Idea (Kharkiv-Kyiv)

Dmitrienko Yu.N., Ph.D., bread-winner of scientific degree of doctor of legal sciences of the Kievan National research university, the name of T. Shevchenko (Kyiv)


|intelligent|, CULTURE


Using|utillize| some|certain| developing ideas of some|certain| last monographic researches|work-up| in industry|branch| of philosophy, right, philosophy of right, sense of justice, will make attempt identify for a subsequent|consequent| facilitation understanding of evolutional processes|Carbro| of law- think| in the deviant| field of transitional social| reference|approximate| natural|real-life| model or chart of the legal "filling" of national idiom of mental culture |, that exists in the mental field of legal tradition. This, think|suppose|, on the natural|real-life| chart of legal cram of national idiom as to belonging of family|hereditary| legal nature (what goes|proceeds| out from find ones way | of natural|real-life| logic of development of succession of Ukrainian traditional | ( = national consciousness) [1, 125]. Indisputably|certainly|, it|her| must be saved|kept| at any|some| times|time|, especially|in particular case| for|after| transitional, mental | functional|function| norm principle || and vectorial norm direction Idea| - world view evolution integrally|whole| system | of paradigms| descriptions (after descriptions of | mentality) of legal idiom as to belonging of specific legal nature. Preeminently|exactly| possibility|potentialitie| of mentally mediated legal norm cram | in a national idiom which goes|proceeds| out from moral | spring word | preeminently|exactly| the primary /physical|physics|/ subjects of sense of justice are given|giveth| by an occasion|pretext| for system law - open | of community sense of certain|definite|, mental model legitimate or illegal, but the legislatively determined|deterministic| or mediated conduct of the second|secondary| /legal/ subjects of sense of justice after the standards|model| of the proper | vectorial in a relation|referring| deviations and proper right understand| and right doing| both on the whole|all in all| systems "individual- social community-society" and concrete it|her| legislative components|reductant| and mental conformities to law of forming of legislative base|baseline| of society, system well-organized|rankorder| in a certain|definite| legal form|shape| the state as ideological structured|structure-forming| maintenance of sense of justice, legal subjects, with prevailing|dominate| or primary, or the second|secondary| subjects of sense of justice. Such direction of genesis of mental basis|foundation| any|some|, but transgressive sharp|strained| maximum (legitimate - illegal), legislatively structured|structure-forming| and adapted conduct of legal subjects nonlinear interconditionality of legitimate responsibility of individual, that only from m e n t a l essence of legal subjects with their mental of social action|act| of right as by the world view base|baseline| of any|some| rightlegal during realization of linear, concretely - historical requirements|claiming| of legal development in the positive|staid| necessities|need| of | time.

In fact, then essence of phenomenal any|some| law - cram| and proper public and state|domainal| law doing is determined in the aggregate of and|but| paradigm of perception of the world the integral|whole| system "individual social community-society" as full completed time| - by spatial n a t u r a l|natural| unit of legal word- measuring|, which|what| forms the integral|whole| legal system of | community.


1. Dmitpienko Yu.m. A problem of succession is in deviant sense of justice: monograph. - Kh:osnova, 1998. - 293.

2. Kepimov D.A. Metodologiya of right. it is M: Edinopog, 2000. - 563 .