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)
FITTINGS ARE FOR VIVACHENNYA OF ORDINARY SENSE OF JUSTICE
Determination|definition| of this theme predefined by the presence of row of factors, which characterize the modern state of the Ukrainian state system, operating state-rights consciousness|intelligent| essence, which, for most cases, being under the
determinants of
transitional right-build more
and more require the use
of those reverse, development impulses of legal awareness, which always had a priority place|seat| and have presently and after the original sources of origin is ordinary, and consequently the ordinary form
of sense of justice acquires
a priority value in
becoming and development of historical and modern Ukrainian legal consciousness.
Theory of ordinary right, sense of justice,
intensively revived in Ukraine called to play an important role in development
of modern conception of reformation of right and improvement of Ukrainian legal
life. Meaningfulness of development
of problem of ordinary
sense of justice becomes
especially
necessary at the terms of general
liberalization and democratization of life of Ukrainian society. The
orientation of
Ukraine on the civilized forming of the
modern legal system actuality the
necessity of study of those mechanisms and terms for the general system of the legal adjusting, which since olden times was folded and continue to exist, saved in the traditional forms of Ukrainian sense of justice
and legal culture. Preeminently
in ordinary sense of
justice a large role is played nationally legal way of life,
traditional beliefs, which was folded
in the traditional forms
of way of legal life and traditional legal conduct, ethnic consciousness and sense of
justice. Under legal life we
understand processes,
which characterize by itself not only the
well-organized and
unregulated legal reality but also process of historical development of right and sense of justice,
combined, on the whole, basic stages them irreversible evolution [1].
Ordinary sense of justice functions alongside and together with the official form|shape| of state-rights consciousness,
other forms of sense of
justice, occupying the
special place in the
system of operating state-rights
and ordinary law
reflexion, judicially keeping and continuing forms, displace and different models of the Ukrainian and
European unwritten right [2].
It was not succeeded to find researches an author after the offered
theme, but
existing research of
ordinary right, ordinary legal culture, as maintenance
of ordinary sense of
justice and it spiritually material artefacts of G.D. Gurvicha, M.M. Kovalevskogo,
E.I. Kel'mana, F.I. Leontovicha, S.A.
Muromtseva, A.G. Martensona, I.G. Orshanskogo, L.I. Petrazhitskogo, E.M.
Trubetskogo, S.V. Chicherina, E.I. Yakushkina,
A.I. Alimzhana, A.Z. Beytuganova, V.V. Bocharova, D.Zh. Valeeva,
F.G.Kamkiya, A.I. Kovlera, V.A. Kryazhkova, V.P. Malakhova, A.V. Mal'ko, N.I.
Novikovoy, F.T. Selyukova, Yu.I. Semenova, A.Ya. Supotaeva, D.Yu. Shapsugovi
but other can considerably help the study of our
theme. After the
analysis of works it is
possible to draw
conclusion that ordinary
sense of justice can be identified traditional small people
or people which revive
it nationally legal characters
and traditions. After such approaches ordinary sense of justice is such form of legal life of society and
traditional form of
public consciousness,
based on morally permanent
normatively valued going near
adjusting of legal
conduct, effectiveness of which
is certain
multipleness and
protracted stability
elementally difficult
models of legal, social and judicially
technological conduct, which
leans against conviction in justice and optimum (in force of obvious practical benefit) of such conduct which is
offered; it is a dominant factor, which
determines character and
efficiency of unofficial
law and order, which coincides
with official.
LITERANURE
1. Sapun V.A. Socialist
legal consciousness and realization of soviet right.- Vladivostok, 1979. – P.
6-7.
2. Alekseev A.S.
Theory of the state and right. Textbook. - M: Yurist, 2007. – P. 68