Features of the Formation of Legal Awareness Under the Conditions of the Legal Regime of Martial State

M. Cherkas
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Abstract

Recently, under the influence of external and internal factors, significant changes have been taking place in Ukrainian society. Global social changes also have a significant impact on the formation of public legal awareness, both negatively and positively. Today, in the conditions of a full-scale war, the legal consciousness of Ukrainians is undergoing transformation. How it will affect future generations is our task to analyze and model. Separate issues of defining the legal nature, types and signs of legal awareness were considered by such scientists as: O. Danilyan, Yu. Kalinovskyi, B. Kistyakivskyi, G. Klimova, O. Petryshyn, S. Pogrebnyak, M. Suhodolya and others. At the same time, the problem of determining the factors affecting the formation of legal awareness of Ukrainians is only raised in scientific research, which determines its relevance. Today, in the conditions of an almost year-long war, it is quite important to focus on the mood, preferences and expectations of Ukrainian society now and in the future. Because it was the people who became the driving force in the struggle for the inviolability of the borders of our state. Most researchers emphasize the nihilistic attitude of Ukrainian society to law. Moreover, the emphasis is on the historical prerequisites for the emergence and spread of this form of legal consciousness deformation. Thus, it is emphasized that the population has underdeveloped legal traditions, which turn into open legal nihilism, the denial of the necessity and value of law has deep historical roots. From generation to generation, disdain for the law and court, tolerance for arbitrariness is manifested in Ukraine. Right now, in the conditions of war, this situation can change radically. Or, on the contrary, nihilism can take root in the minds and hearts of Ukrainians. The author emphasizes the negative influence of external factors on the legal awareness of Ukrainian society. Among these factors, the following main ones can be singled out: covid-19, quarantine and post-quarantine restrictions, maintenance of the martial law regime and related significant restrictions on the basic rights and freedoms of a person and a citizen. And today, the ineffective work of international institutions can also be attributed to such factors of negative influence. In order to overcome the risks of the mass spread of such a form of deformation of legal consciousness as nihilism, it is necessary that responsibility for all war crimes should arise. First of all, the international legal responsibility of the officials of the aggressor state
武国法制条件下法律意识形成的特征
最近,在外部和内部因素的影响下,乌克兰社会发生了重大变化。全球社会变迁也对公众法律意识的形成产生了重大影响,既有消极影响,也有积极影响。今天,在全面战争的条件下,乌克兰人的法律意识正在发生转变。它将如何影响子孙后代是我们分析和建模的任务。界定法律性质、法律意识的类型和标志的单独问题由以下科学家审议:O. Danilyan, Yu。加里诺夫斯基、B.基斯特基夫斯基、G.克里莫娃、O.彼得里辛、S.波格列布尼亚克、M.苏霍多尔亚等。同时,确定乌克兰人法律意识形成的影响因素的问题仅在科学研究中提出,这决定了其相关性。今天,在长达一年的战争条件下,关注乌克兰社会现在和未来的情绪、偏好和期望是非常重要的。因为正是人民成为了为捍卫我国边界不可侵犯性而斗争的动力。大多数研究者强调乌克兰社会对法律的虚无主义态度。此外,本文还强调了这种法律意识变形形式产生和传播的历史前提。因此,强调民众的法律传统不发达,演变为公开的法律虚无主义,对法律的必要性和价值的否定有着深刻的历史根源。一代又一代,对法律和法庭的蔑视,对专断的容忍在乌克兰表现出来。现在,在战争条件下,这种情况可能会发生根本变化。或者,相反,虚无主义可以在乌克兰人的思想和心灵中扎根。作者强调了外部因素对乌克兰社会法律意识的负面影响。在这些因素中,主要有以下几个因素:covid-19,隔离和隔离后限制,戒严制度的维持以及对个人和公民基本权利和自由的相关重大限制。而今天,国际机构的无效工作也可归因于这些负面影响因素。为了克服像虚无主义这样一种法律意识变形形式的大规模传播的风险,有必要对所有战争罪行负责。首先是侵略国官员的国际法律责任
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