| Popis: |
In the conditions of the ambiguity of the conceptual and categorical apparatus and the limited number of doctrinal investigations of the professional legal awareness of judges, the question of the method of legal awareness arises. The availability of the appropriate theoretical tools is an indispensable condition for the development of the doctrine of the professional legal awareness of a judge, a fundamental determinant of the development of the organizational and legal mechanism of its development in light of European integration processes. The purpose of this article is to characterize the methodical aspects of the systematization of the structure and dynamics of the judge's legal awareness. It is emphasized that traditionally in the theory and philosophy of law in the structure of legal consciousness, scientists single out two components - legal ideology and legal psychology. It is emphasized that the vast majority of previously analyzed studies are theoretical in nature, while empirical investigations are practically not conducted, which is connected with the opposition of mass and individual, objective and subjective. It is proposed to clearly distinguish three levels of legal awareness - social, professional and personal, and their interdependence and interdependence in statics and dynamics are emphasized. It is emphasized that, in general, at all levels, the structure of legal consciousness is reflected, which includes legal ideology, psychology and behavior, as well as additional elements - subjects of formation and development, legal nihilism and the influence of the foreign policy vector of state policy. It has been established that professional legal awareness is a superstructure on individual legal awareness because usually, a formed personality acquires a certain profession. The validity of this statement is proven if we consider the stages of personality development on the way to being appointed to the position of a judge, which includes, in particular, the presence of an age limit. At a certain stage, showing its dynamic nature, individual legal awareness is transformed under the influence of an external factor - the translation of the idea of legal awareness, formed on the basis of social awareness and reflecting public expectations of a person's professional legal awareness. Along with this, from the side of the person's environment, there is a transmission of corporate values, which are included in the idea of professional legal awareness. Ultimately, the person's acceptance of external expectations leads to the emergence and further development of professional legal awareness. |
