Nazymko Yegor Sergiyovych
Senior
Research Fellow of the Division of Research
of
Donetsk Law Institute of MIA of Ukraine,
Candidate of Law
Senior Research Fellow
SOME CAPABILITIES OF USING
AN EXPERIMENTIAL METHOD IN THE PROCESS OF RESEARCH OF FORMATION OF
FUTURE LAWYERS` ESSENTIAL QUALITIES
ON STUDYING A JUVENILE PENOLOGY
At the present
time, on teaching criminal-law disciplines, insufficient attention is paid to
the problems of learning a penalty of minors. It concerns:
-
teaching periods, which are taken to
learn such subject-matter as «particularities of criminal liability and penalty
of minors» of the course on criminal law and of separate subjects of criminal
executive law and criminology;
-
insufficient level of theoretical
working out of due charters of educational literature;
-
temporal gap on studying the
corresponding subjects on criminal law disciplines, criminology, criminal
executive law, that leads to dispersing knowledge of penalty of minors among
future specialists.
Such order of
things makes a negative influence on the level of theoretical preparedness of
future lawyers, that, in its turns, reflects on defects of the present criminal
legal proceedings in the cause of choosing the most optimal measures of
criminal-legal pressure on minors, who committed a crime.
In connection
with it, there appears a necessity not only of theoretical working out of
conception of juvenile penology (that we were writing about in the columns of
law literature), but also of an introduction of a separate educational course
for the future lawyers – “Juvenile penology”, including subjects on criminal
law, criminology, criminal executive law disciplines within an indivisible educational
and methodical complex.
In connection
with mentioned-above, we are brave to claim, that picking out, teaching,
learning this discipline will lead not only to deepening of knowledge of penalty of minors theory for future lawyers,
but also it will make possible to raise a level of essential qualities`
formation of the latter.
However, at the
present time this claim – is mere inference, which can be founded by different
means of methodology of pedagogical knowledge, particularly – by means of an
experiment.
Using this
method, first of all, prescribes offering a hypothesis of research. From our
point of view, it should be based on a
presumption, that formation of future lawyers’ essential qualities will be
effective upon following conditions:
-
introduction of a model forming essential qualities of a future
lawyer`s person in educational process;
-
actualization of essential qualities
of the future lawyers in teaching disciplines on criminal law;
-
active introduction a “Juvenile
penology” course in educational process.
In the process of research
it should be provided for the existence of integrative essential and personal
qualities, which secure a success of a lawyer`s professional activity.
Coming
to light the future lawyers` essential qualities is to pass through two stages
by means of theoretical analysis of psychological-pedagogical and professional
literature, quiz and question.
The
outcomes of analysis of a professional literature and questioning of experts,
resulting at the first stage, will make it possible to form and generalize the
primary list of future lawyers’ essential qualities, which will serve as a
basis for making special research on identification of the most important essential
qualities of the present direction`s specialists. Among present list of
qualities within each of three stages, we should note: 1) mission of
professional activity; 2) behavior level; 3) individual features and capacities;
those qualities that hardly depend on different qualities within present stage
must be excluded. So, a concrete list of qualities should be selected.
After gaining the
results of psychological-pedagogical literature and questioning, the method of
the expert estimate is to be used. The students of law faculties of academies,
post-graduates, judges whose length of service reaches 5 years and judges whose
length of service reaches over 10 years should take part of experts.
According to the
scheme of psychographics, which is used orthodoxly in psychology of work, it
should be included to the questionnaire following groups of qualities:
intellectual, moral and strong-willed, psychophysiological in company with
personal qualities of professional lawyers.
It should be
proposed to the researchers (students-lawyers) and experts to define a degree
of significance of each of these qualities in accordance with five-score degree, it means that the
quality, important for future professional activity is marked by “5”; “4” means
that the present quality is essential for success of future professional
activity; “3” means that the present quality is desirable for future
professional activity; “2” means that the present quality has a certain significance
for the present profession; “1” means that the presence of this quality has no
significance for the professional activity. In the course of questionnaire
processing an average score is to be ciphered out.
Then, after
having reduced the average score for each of the qualities to muster, we’ll get
15 essential qualities, which are of extreme significance for professional
activity of a lawyer. As a result of our research, on a basis of analysis of psychological-pedagogical
literature and such methods of pedagogical research as quiz, questioning,
expert estimate, essential qualities to be revealed, possessing these qualities
makes it possible for a lawyer to carry out in practice its personal and
professional potential, simultaneously satisfying needs of a society in
effective penalty of minor criminals.
After getting 15
most important essential qualities, we pass on experimental part of research,
designating a state of development of essential qualities of students-lawyers
and their capacities to teach the course of juvenile penology and comparing it
with the state of development of these essential qualities after gripping the
course.