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 IS NEAR STUDY OF SOURCES OF SENSE OF JUSTICE OF
EMPLOYEES OF
INVESTMENT AND INNOVATIVE ACTIVITY
In domestic and foreign jurisprudence problems of sources of sense of justice of employees of investment and
innovative activity of the Ukrainian enterprises, a problem of their
authentication and systematization in the modern Ukrainian right and
jurisprudence though
is not a white spot, but
essence publications for
the last one hundred fifty years
after it finding a theme author
was not succeeded. The sources
of sense of justice, taking into account it as a mechanism of the legal adjusting for transitional, system crisis, law
restore, acquire an important value. They considerably will help in this
connection effectively to study
nature of mechanism of the legal adjusting for
transitional law restore
(untraditional societies), his
sources, properties and specifics which substantially other, than
sources, properties and specific of mechanism of
the legal adjusting,
are for intransitive law
restore (traditional
societies). It was absolutely
justly marked on that
after the row of cases that about what talked
about the sources of the
noted forms of sense of
justice, is, as though by an afterproduct, faint sound of searches of new|firsttime| determination of nature of sense of justice. But also to
diminish actuality and
importance of problems of sources
of sense of justice, both for a theory and it is not needed for practice.
Studies of sources of
sense of justice were and remains one of central sections
of legal science. One of substantial directions of modern researches of sources of sense of justice of
employees of
investment and innovative activity of the Ukrainian enterprises there is an
attempt of creation of
universal all-embracing
concept of source of sense of justice and
right, based on the so-called principles of the integration fitting for|to| lawundestand. However, as appears us, question about universality of term «source of sense of justice» the
supporters of such
approach quite often try
to connect in the
unique system not always
normatively the compatible
after the qualities phenomena, that does not explain the concept of source of sense of justice densely enough, and to talk about any functioning system of sources of sense of justice it will
not be been so far. In
place of the
last pore is identify the
eclectic «aggregate» of the social, political and legal phenomena
which the general name of «source of sense» of justice is
appropriated, and it is declared complex approach which combines all possible semantic interpretations of
sources of sense of
justice. Research of
sources of sense of
justice gets more
actual us from point of that priority functional character, that reflected this term of the legal
phenomena, and on the
second stages –
research of sources of sense of justice as
logical system of actual
law refxion, that owns objective properties of the system of organic part|portion| of the operating Ukrainian legal system.
Determination of
functional
descriptions of sources
of sense of justice is predetermined by making from this point of view of
general concept of source
of sense of justice. Research
of them as an integral
system allows to define their influence which determines general and applied efficiency of the legal
adjusting sense of
justice as to the mechanism of adjusting of transitional public relations. For today the
problem of research of
sources of sense of
justice becomes
substantial as a system element of the
national legal system and basis
of forming of static
mechanism of the legal adjusting.
Research of sources of right will help to
discover research of outsourcings of sense of justice, which are only part
of sources of sense of
justice, for which most more essential are sources,
related to the legal
moral, legal culture, legal mentality, legal synergetic, national language, culture, ethnic specifics of
legal reflection, general
by an ideological world view by nature of sense of justice, having more wide,
unlegal, family
legal nature which we identify inside by its sources [1].
LITERATURE
1. Dmitrienko
Yu.N. Problem of wrong legal reflection by sense of justice of reality as a
white spot of Ukrainian jurisprudence: theory of legal ideology as the
perverted sense of justice (sources, history, reality). Part is 3 // Forum of
right. – 2006. – N 2. – ¹. 34-52 [Electronic resource]. it is access Mode: http
// www.nbuv.gov.ua/e-journals/FP/2006-2/06dumdir.pdf