法律意识水平是人格作为人权保障的保障

E. V. Nazarenko, N. Onishchenko
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引用次数: 0

摘要

乌克兰民主关系的发展、公共社会的形成、法治国家的形成,需要形成具有高度法律意识和法律文化的社会活跃人格,并承认法律是公共关系的主要调节者。法律作为社会调节公共关系的手段,又是国家和法律理论主体的组成部分,不仅一次成为国内外法学理论家的研究对象。法律对现代社会和每个人来说都是一种有意义的价值:它对国家生活、对整个社会、对每个公民的影响是深刻而复杂的;这就是为什么它不能用简单和片面的方式来解释。大多数作者支持法律思维的规范学派,根据该学派,法律被视为公共关系的规范和自愿调节器,是由国家建立或授权的、由国家强制力量提供的正式定义的内部相互同意的规范体系。法律在社会中不仅仅是一种“自身现象”,而是作为一种外部现象,一种强有力的调节手段,要求人们按照法律的要求行事。在这个意义上,法律是社会的调控者,一定程度的自由,建立在人类文明和文化成就的基础上,作为公共的标准
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LEVEL OF LEGAL CONSCIOUSNESS OF THE PERSONALITY AS A GUARANTEE OF HUMAN RIGHTS PROTECTION
INTRODUCTION The development of democratic relations, the formation of public society, law-governed state in Ukraine require the formation of socioactive personality with a high level of legal consciousness and legal culture as well as recognition the law as the main regulator of public relations. Law as a means of both social regulation of public relations and a component of the subject of the state and law theory has been the object of research of national and foreign law theorists not only once. Law is a meaningful value for a modern society as well as every person: its influence on the life of the state, society as a whole, every citizen is rather deep and complex; that is why it can not be explained in a simple and one-sided way. Most of the authors support the normative school of legal thinking, according to which law is considered as a normative and voluntary regulator of public relations, as an internal mutually agreed system of formally defined norms established or authorized by the state, provided by coercive force of the state 1 . Law in society is not merely a “phenomenon in itself”, but as an external phenomenon, a powerful regulatory means that requires a person to act in accordance with the requirements of law 2 . In this meaning, law is a social regulator, a certain degree of freedom, based on the achievements of human civilization and culture, serves as a criterion of public
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