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)
GOING IS NEAR STUDY OF PUBLIC AND PRIVATE UKRAINIAN LEGAL CONSCIOUSNESS , CULTURE: QUESTION OF THEORY AND PRACTICE
Actuality of the scientific article is predefined theoretical and practical meaningfulness of questions of correlation of private and public right, judicially carried out as private and public sense of justice of workers of the Ukrainian enterprises, decision, what is not only a general theoretic problem. Having the brightly expressed pragmatic character , co-operation of private and public sense of justice provides a judicial right for the state on interference (within the limits of such interference ) with private life of citizens, in and other economic , enterprise, spheres.
Terms «public sense of justice”, «private sense” of justice, in spite of developed of concepts “public law”, “private right” not known from ancient times . After the ideas of the ancient Roman lawyers , dismember all industry of sense of justice on two large spheres – sphere of sense of justice public (jus publicum ) and sphere of sense of justice private (jus privatum ) after the criteria of the official theoretical and practical distributing of right on public and private. Historical between’s by private sense of justice, which removes essence judicial specification of private legal relationships, and it is possible public sense of justice, which removes essence judicial specification of public legal relationships, to characterize the state of permanent confluence that et al forms , from what public and private sense of justice go out only gradually by deceleration or acceleration of the history – law becoming of the proper forms of legal culture. Thus , a major problem, as well as before , a search of criteria which allow to conduct differentiating between public and private sense of justice is , and also to select that or other industry of legal reflection by certain sense of justice and it by a dominant form in a separate institute and even concrete norm of law acknowledge to public or private sense of justice. The basic value of this distributing consists in that for his help appears possible to present the general picture of reflection of legal reality sense of justice, it general judicial contours , to see general , special, specific processes , communication, and mental of private and public sense of justice, which the legal system of national sense of justice of certain country consists of|from|, it static and process right on the whole and others like that. Therefore, distributing of Ukrainian sense of justice on private and public, is distributing of the conceptual , valued order .
Private sense of justice, as well as private right, and public sense of justice, as well as public law, being high-quality different industries judicially legal adjusting , in the aggregate related to bases|foundation| of a particular branch judicial right, touching his|its| place and role in life of people, determining values. Co-operation of public and private sense of justice represents law - process mobile balance of interests of legal and political forces of modern form of country – law consciousness , political system, mechanisms of management, measures of freedom and independence of citizens. Problem of correlation of private and public interests in publican and examined the private form of sense of justice in different aspects. Achievement of objective balance of private and public interests by differentiating of private and public sense of justice is one of terms of development and co-operation of Ukrainian civil society and legal state.
1. Dmitrienko Yu.N. Going near research|work-up| valued-semantic spheres of sense of justice of the Ukrainian young people // Announcer of the Zaporozhia legal institute . – N 3 (40). - Zaporizhzhya: ZYUI, 2007. - P. 54-62