On the subject: "Professional ethics of police officers"
Topic: "Professional duty, honor and dignity of law enforcement officers."
Plan.
Introduction.
1. Professional honor as a moral basis for the cohesion of the service team.
2. Duty and moral responsibility of police officers.
3. Professional dignity and "honor of uniform".
4. Ethics of legitimate violence.
List of used literature.
Introduction.
Consciousness is the highest form of reflection of social life. It is a prerequisite and regulator of human behavior. All subjective and objective factors that give rise to both lawful and unlawful, and partly criminal behavior converge in consciousness. It experiences a certain influence of the material and other conditions of society, including law. Consciousness arises in the process of activity and manifests itself in it, therefore, an important element in the regulation of law enforcement is the professional consciousness of employees of internal affairs bodies.
The structure of the professional consciousness of lawyers, in general, and employees of internal affairs bodies, in particular, includes two elements, professional (legal consciousness) and moral (moral consciousness).
Analyzing the elements of the structure of professional consciousness, it is necessary to keep in mind its unity and integrity. Since morality and law are inseparable from each other, it is also impossible to draw any clear boundary between moral and legal consciousness at any of the two levels of reflection of reality.
The scope of morality, moral consciousness, moral (ethical) culture is wider than legal: they regulate all social relations to a greater or lesser extent. Numerous studies have shown that it is possible to ensure socially adequate and law-abiding behavior of people in the conditions of the state only through moral and legal consciousness at the same time. Law cannot be cleansed of morality, separated from morality.
It should be borne in mind that in the course of legal regulation, the legislator uses, first of all, moral criteria. The basis of law is the norms of the prevailing morality, therefore legal norms have a moral content, expressed either directly or through a number of mediating links. This gives them a moral justification and moral authority. Therefore, when they talk about the moral basis of law, they mean that a certain moral aspect is inherent not only in the rules of law themselves, but also in the ways of their implementation. The same social needs, values and benefits are often protected by both legal and moral norms at the same time.
The mechanism of moral influence is subtler and more effective than legal regulation. Moral demands are addressed to the human conscience,
associated with self-regulation of actions, awareness of one's duty, a sense of justice. They are focused on the conscious and voluntary adherence to moral principles and norms. It should be emphasized that our laws are sufficiently flexible, as a rule, allowing their executor to choose the most expedient, fair decision from a set of alternatives. In the implementation of this choice, the decisive role is played by the norms of morality, moral consciousness.
If good is the object of human aspirations, good is activity, then duty, conscience, responsibility, dignity- concepts that reveal the value of the motive of moral activity. (P.M. Arkhangelsky).
Moral consciousness is centered on a core moral principle, which, together with other elements, characterizes the initial moral position of the individual. Such a core principle of the moral consciousness of law enforcement officers, in particular the internal affairs bodies, is the principle of legality, following which is not only an official duty, but also a moral duty.
1. Professional honor as a moral basis for the cohesion of the service team.
Honour- the concept of moral consciousness and the category of ethics; includes moments of an individual's awareness of his social significance and recognition of this significance by society. Being a form of manifestation of the attitude of the individual to himself and society to the individual, honor regulates the behavior of a person and the attitude of others towards him in an appropriate way. Honor is based on a differentiated assessment of people. There are national, professional, collective and individual honor. (Philosophical Dictionary)
The category of honor is one of the most important categories of professional ethics. Honor is a positive social and moral assessment of a person or institution, authority, reputation; this is one of the main moral qualities, highest degree honesty, decency, nobility.
The categories of ethics are closely related to each other, the content of one of them, as a rule, is revealed through the use of others. The category of honor can only be understood through the use of such categories as dignity, responsibility, ambition, decency, truthfulness, etc.
professional honor- this is the recognition by public opinion and the awareness by law enforcement officers themselves of the high social value (necessity and importance) of the selfless fulfillment of their duty. The title of "man of honor" can be earned only by impeccable performance of duty and the requirements of morality.
Professional honor is manifested to law enforcement officers, primarily in the performance of their official duty. Its specificity is that in peacetime, the fulfillment of duty requires courage, endurance, and sometimes even self-sacrifice.
The honor of a law enforcement officer is inseparable from the honor of the team, the unit in which he serves. The honor of the team is also its honor. Healthy ambition is not an alien feeling for a law enforcement officer. Properly understood, ambition does not harm the common cause, but, on the contrary, gives additional strength to carry it out. Another thing is when ambition develops into careerism, when a person is ready to use the dirtiest means to achieve selfish goals.
The professional and moral potential of the service team is the degree of the ability of employees to resist crime, corruption, adequately overcome everyday difficulties and the negative impact of factors that weaken the sense of duty, responsibility, honor, professional and human dignity.
The alloy of the honor of the employee and the honor of the team gives rise to a sense of pride, i.e. moral satisfaction of law enforcement officers from the awareness of their belonging to them. It is the duty of every employee to constantly raise the authority of law enforcement agencies in the eyes of public opinion and revive the best traditions that they undoubtedly had. Traditions are not just history, but a powerful means of educating the young generation of people who stand guard over public order, including instilling in them a sense of honor.
At the same time, the honor of a law enforcement officer also requires moving forward, mastering modern technology and the latest techniques and methods for fulfilling one's professional duties.
One of the components of the category of honor is fidelity to a given word. This is such an important quality of a person that sometimes it is identified with the concept of honor. Nothing undermines the honor of a law enforcement officer more than breaking this word or departing from it.
The category of honor is indeed one of the most important in the moral culture of law enforcement officers. To cherish honor is a duty and a daily duty. The content of honor as a category largely depends on the level of a person's general culture, his spiritual and physical development, and his ability to think according to the state. This must be constantly learned.
2. Duty and moral responsibility of police officers.
Duty - it is a social necessity, expressed in the moral requirements for the individual. Fulfilling the requirements of duty, the individual acts as the bearer of certain moral obligations to society, which is aware of them and implements them in its activities. In the category of debt, the imperative motive is strong. Duty not only clearly formulates the idea itself, but also gives it an imperative character: it calls, demands, insists on its implementation. To be a man of duty means not only to know its essence, its requirements, but also to follow these requirements in practice.
Many of the greats valued a sense of duty. I. Kant wrote that duty is precisely that great thing that elevates a person above himself.
The official duty of a law enforcement officer is moral in its objective and subjective terms. The moral value of the objective content of duty lies in the fact that it is subject to the solution of the highest and most just task: protecting the rights and freedoms of the individual, ensuring the security of one's country, and strengthening the rule of law. However, the potential possibilities of official duty can manifest themselves only if they are supplemented by a subjectively moral attitude towards it, when public duties are perceived and realized as personal, as a deep need and conviction in justice and the righteous cause that you serve.
Debt of law enforcement officers- this is a high and honorable duty arising from the subjective needs of protecting the individual, society, state, consecrated by state legal requirements and internal moral motives.
The coincidence of dominant desire with duty is a kind of apotheosis of morality. However, these concepts should be distinguished. Duty is a requirement of society, a team, and the desired is an attribute of the individual. Ultimately, duty works to achieve the desired, and the desired, if properly understood, leads to the fulfillment of duty.
In duty, the active nature of morality is directly manifested. It not only gives clear form to ideas and goals, but also encourages and requires their achievement. Therefore, public duty is an active consciousness. The attitude to public duty characterizes not only the individual, but also the collective. Law enforcement agencies attach paramount importance to debt as a direct regulator of the activities of their employees.
The moral duty of law enforcement officers has an objective and subjective side. The objective is determined by the need to protect the security of the state and society, to ensure the rights and freedoms of its citizens. The subjective one represents clearly defined tasks set by the state for law enforcement agencies: the consciousness and responsibility of employees, the readiness and ability of everyone to realize the requirements of moral duty, their place and role in the common cause, and make high demands on themselves.
The specificity of the requirements of the call of duty of law enforcement officers is due to the nature of the tasks, the characteristics of the organization, the uniqueness of the conditions in which their activities take place.
Due to the specifics of the organization of law enforcement agencies, moral relations in them are regulated by the rules of law in more detail than in other areas. Therefore, debt is not so much a wish as a requirement of the state and society. The moral content of debt is supported by legal requirements that have the force of law. Through the moral basis of duty, high qualities are revealed - diligence, reasonable initiative, selflessness and courage, dignity and honor.
The commonality of legal and moral requirements is characteristic of everything Russian legislation in legal acts regulating the activities of law enforcement agencies, the interaction and interpenetration of these two types of social requirements is closer and deeper. The requirements of a legally formalized professional duty, expressed in the Oath, statutes, instructions, instructions, contain both a moral assessment and a legal norm.
Consequently, professional duty is a unity of legal and moral aspects.
An important component of moral duty is self-discipline. Such a high stage of development of a moral attitude towards duty is necessary, when not a single deed is committed contrary to self-consciousness, and the fulfillment of duty is reinforced by the dictates of conscience, when discipline, as the main expression of professional duty, becomes self-discipline. Internal readiness to follow the requirements of the Oath, statutes, one's own leaders, perceived as an internal motivation - this is the highest measure of responsibility, the readiness to fulfill professional duty not under compulsion, but in conscience, voluntarily.
The moral measure of professional duty is the practical sphere, which is formed from the relationship to the state and society and employees to each other. The concept of moral criterion for the fulfillment of professional duty includes not only its practical results, but also the motives of activity. In addition, the moral assessment of the specific behavior of an employee involves taking into account his previous activities.
In this regard, the category of moral responsibility.
The category of moral responsibility largely correlates with the category of professional duty, being to a certain extent one of its components. Responsibility expresses the attitude of society or a person towards the fulfillment by the subject of a moral duty.
Moral responsibility can conditionally be divided into internal and external. Internal responsibility is the ability of a person to realize the consequences of his actions and act in accordance with this awareness, guided by moral standards. External responsibility acts in the form of social sanctions for the actions of the individual.
Sometimes responsibility is divided into positive and negative. Positive responsibility is the conscious and conscientious fulfillment by a person of the requirements placed on him. It focuses on the proper performance by the subject of the duties assigned to him. Negative responsibility is the reaction of society or the individual to committed misconduct.
Moral responsibility differs from legal responsibility, which is always associated with the use of measures of state coercion. With the moral responsibility of the sanction to the subject, immoral actions can be presented not only by society, but also by the subject itself. Moral responsibility is associated primarily with public or private condemnation.
In this regard, the question arises about measure of responsibility. There is a clear legal framework for determining legal liability. Moral responsibility has no such framework. The measure of moral responsibility to a sufficient extent has subjective grounds, because society or the person himself in each specific situation determines to what extent and in what form to condemn the offender. However, this does not mean that the measure of moral responsibility is devoid of objective grounds. Such grounds are the degree of harm caused by the misconduct and the degree of guilt of the offender.
The measure of responsibility for moral choice follows from the dialectic of freedom and necessity. The individual is responsible to the extent of freedom of choice, i.e. it is only responsible for what it objectively could and subjectively had to choose and realize in an act.
AT last years The island raised the question of the responsibility of law enforcement agencies and their employees for their actions. The essence of this question is the following: to what extent and for what they can and should be held responsible.
The measure of responsibility, as noted above, is determined by the measure of freedom of choice, i.e. the presence of objective opportunities for alternative actions and the degree of adherence to moral requirements. Law enforcement officials should be held accountable for specific illegal or immoral actions of specific persons or state bodies. However, in reality, the assessment of the actions of a person or an entire organization does not always fit into one formula or another. Many issues require in-depth analysis and must be resolved in their own way in each specific case, taking into account all the circumstances that accompany them.
3. Professional dignity and "honor of uniform".
The category of honor is very closely related to the category dignity. These categories practically coincide in their objective content, but differ in form. The assessment of honor is an assessment of public opinion, and the assessment of dignity is primarily a matter of the individual himself. In this case, the emphasis is shifted to one's own self-esteem, which is based on the awareness of one's services to society and one's personal self-worth.
Dignity often acts as a reaction to one or another type of attitude towards oneself. This allows us to consider honor as an ideological concept, and dignity as an emotional one.
The concept of dignity has a multifaceted structure. So, if any person has a legal right to the protection of his dignity by law enforcement institutions, then this applies only to a certain minimum of forms of attitude towards the individual - due to the fact that she belongs to the human race and society constitutionally guarantees her the protection of this right. However, society's respect for the dignity of the individual is a huge range of different forms that have a multi-stage, hierarchized character - from mandatory compliance elementary rules of etiquette to strict observance of rituals, ceremonies, giving honors, etc. the degree of this respect is determined both by the social status of the individual and by his merits, authority, including unsullied honor.
A sense of professional dignity is based on the understanding by law enforcement officers of the complexity, difficulty and importance for society of their profession, a sense of pride in their profession.
Dignity for a person has no less, but often a greater role than material well-being, health, or even life itself.
Therefore, always and everywhere protection and protection of human dignity is the most important goal of all political and legal institutions and any statehood. This puts forward the need to affirm the principle of human dignity as an absolutely moral and legal principle of law and order. This principle:
establishes that only he has the right to apply the law to human behavior, who truly respects the unique individuality of the other and does not allow him to be treated simply as a means, but always only as a goal of social development, to achieve the common good;
prohibits in the process of professional law enforcement communication to allow neglect, derogation or infringement of the dignity of the individual and orders to introduce into one’s behavior a sense of proportion and tact, objectivity and impartiality in relation to the people with whom a law enforcement officer comes into contact due to the performance of official duties;
· requires full use of the procedural and institutional possibilities of the established legal order in order to protect the dignity and rights of the individual from derogation and violation, whether by citizens or by state bodies and institutions.
concept "honor of uniform" can be defined as a set of moral qualities that should be inherent in a law enforcement officer: selfless performance of his official duty in accordance with such concepts as: professional honor of an employee and the honor of a team, loyalty to the profession, a sense of professional dignity, professional conscience, moral responsibility. This is reflected in the Code of Honor for the ordinary and commanding staff of the internal affairs bodies. Russian Federation:
P-f 1. The duty of honor of an employee of the internal affairs bodies is to be an example in the implementation of the laws of the Russian Federation, respect and protection of the individual, human dignity of a citizen, regardless of his origin, nationality, social status, political, religious or worldview beliefs in accordance with the Constitution, international legal norms and universal human principles morals.
P-f 2. To be faithful to the oath, to civil and official duty, to be deeply aware of one's personal responsibility for protecting the life, health, rights and freedoms of citizens, property, the interests of society and the state from criminal and other illegal encroachments.
P-f 4. remember the old Russian rule: "Honor is in the service!". To honestly and conscientiously perform official duties in any assigned area, to act effectively and professionally in the detection and investigation of crimes, and to protect public order.
Pf 5. Do not lose self-control and dignity in the forced and lawful use of physical force and special means, when negotiations or persuasion turned out to be ineffective.
P-f 9. With honor and dignity to wear uniforms. With all his behavior, set an example of high decency and tactful treatment of others, both in the service, and in the family and at home.
P-f 12. It is a high honor to earn the right to be proud of your profession, to worthily bear the title of an employee of the internal affairs bodies of the Russian Federation.
4. The ethics of legitimate violence.
When considering the problem of moral choice, including the correlation of goals and means in law enforcement, the question arises of the admissibility and limits of the application of legal coercion measures, special means of combating crime. On the one hand, the use of these means is caused by objective circumstances: without the use of legal coercion, it is impossible to fight crime. On the other hand, these measures infringe on the personal freedom of citizens. Article 55 of the Constitution of the Russian Federation states that the rights and freedoms of man and citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.
The use of legal enforcement measures does not always have a positive impact on the law enforcement officers themselves. There may be a deformation of moral consciousness, a change in some personal qualities. Thus, it is necessary to determine what is the measure, the validity of the application of measures of legal coercion in each individual case.
Given the nature of the activities of law enforcement agencies, special attention should be paid to morally acceptable behavior, as the most significant for them and ambiguously assessed.
Morally permissible behavior is within the framework of morality, but due to the action of objective circumstances, it is not ideal or desirable from the point of view of ordinary morality. Refusal of measures of legal coercion in relation to offenders would be immoral in relation to other citizens and society. The lower the crime rate, the higher the bar of moral permissibility should be raised and the less opportunity there should be for law enforcement to use the above means.
Acceptable behavior deviates from the moral ideal, but is the norm for certain specific circumstances. The legal system is forced to protect the rights and freedoms of citizens and the legitimate interests of society, using means that are unacceptable to society in ordinary situations, but necessary to maintain social health.
Moral permissibility establishes a limit, a boundary beyond which the immoral begins. The criterion for determining this limit is not subjective arguments, but a set of objective conditions. For example, one can find excuses for an investigator who, literally and figuratively, knocks out testimony, but one cannot recognize his actions as morally permissible. In the same way, deceit, silence, and the use of secret assistants by law enforcement agencies can be assessed.
The psychological aspect is very important in the content of morally permissible behavior. It consists in a person's understanding that under given conditions it is precisely such behavior that is the only possible one. This allows a person to gain confidence in the correctness of his actions, and at the same time does not give him the opportunity to cross the line of the unacceptable. With morally acceptable behavior, a person should experience remorse not for deviating from the norm-ideal in general, but because he chose not the most moral path.
An action performed on the basis of moral permissibility is determined by the following criteria:
Causes the least damage;
· Has the most moral consequences, ie. receives universal approval;
· The interests of the largest circle of people are observed;
· The principle of reasonable sufficiency of the funds used is respected.
A law enforcement officer should constantly cultivate the ability of moral thinking, moral analysis of the situation, in order to determine the compliance of his actions with moral permissibility in each specific case. The moral upbringing of an employee should be his professional quality, allowing him to carry out his activities in such a way that professional interest does not lose moral guidelines in it.
List of used literature.
1. Ethics of law enforcement officers. Tutorial edited by Dubov G.V. - M., 2002
2. Buldenko K.A. Professional ethics and aesthetic culture of law enforcement officers. – Khabarovsk, 1993
3. Kukushkin N.V. Your professional ethics. - M., 1994
4. Professional ethics of law enforcement officers. Tutorial. - M., 1997
5. Philosophical Dictionary, edited by Frolov I.T. - M., 1991
Duty is one of the main categories of ethics, since the sphere of morality is the sphere of due (to be honest, to be fair, etc.). Duty is a social necessity, expressed in the moral requirements for the individual. In other words, this is the transformation of a moral requirement common to all into a personal task of a specific person, formulated in relation to his position and a specific situation. Debt has long received special recognition in the work of a lawyer. The body of knowledge about professional duty constitutes deontology.
The professional duty of a lawyer is a set of legal and moral requirements imposed on a lawyer in the exercise of his official powers. Thus, the professional and moral duty of the investigator excludes delay in examining the scene of the incident or refusing to conduct it.
How component public duty professional duty of a lawyer - the basis of moral relations in professional legal activity.
The professional duty of a lawyer is objective and subjective side, i.e. is moral in objective and subjective terms.
moral value objective content of debt(objective side of duty) consists in the fact that he is subject to the solution of the highest and fairest task: protecting the individual, his rights and legitimate interests, ensuring law and order in the country. The objective side of the debt is clearly formulated tasks set by the state for legal workers. These tasks are fixed in the professional and official duties, which are set out in the relevant documents. The future specialist will get acquainted with them in the process vocational training, when obtaining a qualifying status, when applying for a job.
The moral value of debt in its subjective expression manifests itself in the case when the public duties assigned by the state to legal workers are perceived as fair and true, realized by them as personal internal needs and beliefs, become a voluntary and purposeful activity. The subjective side of duty is an inner conviction in the justice and righteousness of the cause to which life is dedicated.
The professional duty of a lawyer is the focus (center) of the connection of the entire set of moral norms and principles by which he is guided, with his professional practical activities. In duty, the active nature of morality is manifested, consisting in the transformation of the morally conscious into the attainable. In duty, theory is transformed into practice, moral principles and norms - into real actions and deeds. Professional duty mobilizes a lawyer or a working group (team) to perform work efficiently, on time, with the most effective result, makes them use all their physical and moral strength to achieve their goals.
In professional duty, the legal and moral aspects merge together. In the sphere of professional duty, there are no legal requirements that would be devoid of moral force, just as there are no moral norms that would not have legal force.
The concept of professional duty is broader in scope than legal obligation. Professional duty differs from duties of a legal nature in that: it includes both duties of a legal nature and certain moral requirements (duties) imposed on his profession;
professional duty is realized not by the coercive power of state control, but on the basis of internal conviction, the dictates of conscience, justice, perceived as an internal necessity.
For example, the professional duty of an investigator (a moral obligation and an obligation of a legal nature) is to establish and correctly assess the facts indicating that the person is probably aware of any circumstances related to the case under investigation. At the same time, it is necessary to exclude an unreasonable summons for interrogation, which leads to: a) anxiety of citizens; b) to the useless waste of one's own time.
Whatever functions a lawyer performs, there are many situations where no one directly controls him from the outside. Neither the power of legal influence, nor the influence of colleagues, if they do not coincide with internal personal motives, conviction, conscience and passion, can be a guarantee that in the course of their activities a particular lawyer will not violate his professional duty. That's why essential element moral duty is self-discipline.
The mechanism of self-discipline (self-control) covers: beliefs of the individual, gradually emerging in the process of social life; the senses; habits; self-assessment by a person of his actions, motives, moral qualities; self-education. Such a high level of development of a moral attitude towards duty is necessary, when not a single deed is committed contrary to self-consciousness, and the fulfillment of duty is reinforced by the dictates of conscience, when discipline, as the main expression of professional duty, becomes self-discipline.
The most correct thing that society can demand from a lawyer is the readiness to fulfill a professional duty not under pressure (from whomever it comes), but in conscience, voluntarily. Therefore, self-discipline is highly moral behavior, which is performed on the basis of duty and conscience.
For the proper performance by a lawyer of his professional duty, such moral factors as conscience, honor, and reputation are of great importance.
In case of improper performance of official duties, disciplinary measures may be applied: remark, warning, reprimand, termination of the current status, etc.
legal ethics
Tasks:
In this way, ethics
What is the ratio of moral and official duty.
All documents of a legal nature do not contain homogeneous solutions for every situation, but only prescribe the limits within which decisions must be made. The restrictions are often such that, depending on the level of culture and the degree of moral upbringing of the employee, the situation that has arisen can be resolved either politely and formally, formally bureaucratically, or taking into account the dignity of the people who have fallen into it. It is obvious that the result of different solutions to a situational conflict will be the opposite moral consequences for the moral health of society and for maintaining the authority of law enforcement agencies. The areas in which the category of debt has gained particular recognition have always been the areas of military and law enforcement activities. It is in these areas of activity that debt has been used and continues to be used as an imperative driving force for people.
The official duty of an employee, being an integral part of public duty, is moral in its objective and subjective terms.
The moral value of the objective content of duty lies in the fact that it is subject to the solution of the highest and most just task: protecting the rights and freedoms of the individual, ensuring the security of the country, and strengthening the rule of law. However, the potential possibilities of official duty can manifest themselves only if they are supplemented by a moral attitude towards it, when public duties are perceived and realized as personal, as a deep need and conviction in the justice and righteousness of the cause you serve. Proceeding from this, the dialectic of service and moral duty lies in the fact that the duty of an employee is an honorable and high duty arising from the objective needs of protecting the individual, society and the state, consecrated by state legal requirements and internal moral convictions. The coincidence of dominant desire with duty is a kind of apotheosis of morality, duty- this is a requirement of society, a team, desire is an attribute of the individual. It is important to realize that in the end, duty works to achieve the desired, and the desired, when properly understood, leads to more successful performance of duty.
From the history of the emergence and development of ethical thought.
Initially, attempts to comprehend fundamental moral values were carried out against the backdrop of emerging philosophy, that is, ethics was merged with philosophy. It is noted in the literature that, with certain reservations, it can be argued that by the end of the 18th century, the preparatory (preliminary) stage in the development of ethical thought was completed. It was by this time that philosophers (and above all Kant) realized that morality is not reducible to religion, biology, psychology, or any other cultural phenomena and has its own principles, concepts, plays a specific role in the life of an individual. and society.
The process of formation of ethics dates back to the middle of the 1st millennium BC. e. and took place almost simultaneously Ancient Greece, in India and China. The term "ethics" itself was introduced into scientific circulation by Aristotle (381-322 BC). But this outstanding ancient Greek thinker should not be considered the first ethicist. Even before Aristotle, Plato's teacher, Socrates (469-399 BC), Protagoras, Democritus, dealt with various problems of morality. Moral problems occupied a certain place in the creative searches of many thinkers who lived in the 5th and subsequent centuries BC. Naturally, among the first questions that philosophers asked were not only ideological, but also moral questions (primarily the question of man's place in the world and the meaning of his life).
The reasons for such a late “maturation” of ethics (by the 18th century) are due not only to the complexity of its subject, but also to the fact that in real life morality does not exist in isolation, its principles permeate all types of human activity. Therefore, many sciences in one way or another affect various manifestations, aspects of morality.
To reveal the specifics of ethics, the peculiarities of its subject, it is advisable to compare it with other branches of spiritual activity (based on the principle that everything is known in comparison). In other words, ethics is not only a normative science that prescribes how to act in certain cases, but also an ideological, theoretical teaching that explains the nature of morality, the complex and contradictory world of moral relations, and the highest aspirations of man.
The theoretical depth of ethics allows it to give a person convincing recommendations.
With all this, ethics (moral philosophy) has two tasks:
1) reveal the essence of morality;
2) to coordinate the study of morality by various sciences.
The main provisions of the Codes of Conduct for Lawyers.
Lawyer Code of Honor.
Moral and psychological qualities of a judge, investigator, prosecutor. In the eyes of society, the judiciary should embody justice. Everyone whose interests are affected by the proceedings in a criminal case counts on the protection of his rights in court, the satisfaction of his claims. Namely, in court, the opposing interests of the one who violated the law, and society, the interests of the accused and the victim, and other persons collide. Judge, investigator, prosecutor, defender operate in the sphere of conflicts, both interpersonal and social. Under these conditions, to the figures of justice and to those who conduct the investigation, criminal prosecution higher moral requirements. These people must be able to resist possible attempts to influence them by various forces, be guided only by the law, and be fair. Those who administer justice or assist the court by virtue of professional duty must possess high business and moral qualities.
In a generalized form, moral obligations and ethical requirements for an employee of the internal affairs bodies are as follows:
Treating a person as the highest value, respect for rights, freedoms, interests and
human dignity in accordance with international and Russian legal norms and universal principles of morality.
A deep understanding of the social significance of their role and high
professionalism, their responsibility to society and the state as an internal affairs officer, on which public safety, protection of life, health, legal protection of the population and citizens depend.
Reasonable and humane use of the law provided to the police officer
rights in strict accordance with the principles of social justice, civil, official and moral duty.
Principle, courage, uncompromisingness, selflessness in the fight against
crime, objectivity and impartiality in decision-making.
The impeccability of personal behavior in the service and at home, honesty, incorruptibility,
concern for professional honor - "honor - in the service", the public reputation of the police officer.
Prevent abuse of official position, facts of corruption,
prevent such events in every possible way.
Selflessly and unswervingly by all legal measures to protect the innocent from
lawlessness and deceit, weak from intimidation, peaceful from violence and disorder, in extreme conditions not to leave defenseless women, the elderly and children, the sick and the disabled, not to allow evil and impunity.
Conscious discipline, diligence and initiative, professional
solidarity, mutual assistance, support, courage and moral and psychological readiness for action in non-standard, extreme conditions.
Continuous improvement of professional skills, knowledge in the field
service ethics, raising the general culture, expanding the intellect, creative (creative) development of the domestic and foreign experience necessary in the service.
The listed requirements give a fairly complete and deep idea of the moral qualities that not only an employee of the internal affairs bodies should possess, but also all law enforcement officers who are able to show humanity, tolerance, justice, a sense of duty, courage, courage, endurance, disinterestedness, honesty, patriotism, impartiality, modesty, professionalism.
Duty official and moral.
Call of Duty of a Lawyer- a set of legal and moral requirements imposed on a lawyer in the exercise of his official powers. As an integral part of public duty, the duty of a lawyer is the basis of moral relations in professional legal activity. The duty of a lawyer has an objective and subjective side, i.e. is moral in objective and subjective terms.
The moral value of the objective content of duty lies in the fact that it is subject to the solution of the highest and fairest task: protecting the individual, his rights and legitimate interests, ensuring law and order in the country. The objective side of debt is are clearly formulated tasks set by the state for legal workers. The moral value of duty in its subjective expression is manifested in the case when the public duties assigned by the state to legal workers are perceived as fair and true, they are recognized by them as personal deep needs and beliefs, and become a voluntary and purposeful activity. The subjective side of debt is is an inner conviction in the justice and righteousness of the cause to which life is dedicated.
Professional duty mobilizes a lawyer or a working group (team) to perform work efficiently, on time, with the greatest effective result, makes them use all their physical and moral strength to achieve their goals. The legal duty of a lawyer is determined interaction of the norms of law and norms of morality, since the norms of morality regulate the internal awareness of a person of his behavior, and the norms of law regulate the external form of behavior. Departure from the norms of morality, as a rule, is always at the same time a violation of legal norms. Professional duty requirements are legally enshrined in laws, statutes, regulations, and instructions. In these acts, the moral assessment of the actions of lawyers is also fixed. For example, in the requirements of a legally formalized debt, expressed in the oath of the prosecutor, there is both a moral assessment and a legal norm. In the sphere of professional duty, there are no legal requirements that have been devoid of moral force, just as there are no moral norms that would not have legal force. Consequently, legal and moral aspects merge into one in the service of duty. Call of duty is a necessary quality of an employee; an internally realized sense of responsibility for a specific area of work, an understanding of the need, social utility, clarity in the performance of the assigned task.
Moral duty- one of the fundamental concepts of ethics, which denotes a morally reasoned coercion to act, a moral necessity fixed as a subjective principle of behavior.
This also requires an internal coercion that imposes a duty on the duty itself, which is the meaning of moral duty.
Article 5
1. Professional duty, honor and dignity are the main moral guidelines on the career path of a defender of law and order and, along with conscience, constitute the moral core of the personality of an employee of the internal affairs bodies.
2. The employee's duty consists in the unconditional fulfillment of the obligations fixed by the Oath, laws and professional and ethical standards to ensure reliable protection of law and order, legality, and public safety.
6. Professional duty, honor and dignity are the most important criteria for the moral maturity of an employee and indicators of his readiness to perform operational tasks.
A culture of speech.
The main components of cultural speech include correctness, richness of language, brevity, clarity, relevance and emotional expressiveness.
1. The profession of a lawyer requires not only high moral qualities, but also a broad general education.
2. A lawyer is often a confidential interlocutor, and this requires the highest level of culture. And in each case, you need to find the necessary tone of the word and correctly express your thoughts.
3. Every lawyer, and even more so the head of the body, acts as a speaker, as a propagandist of legal and moral knowledge.
4. The ability to speak and speak in public, language proficiency has long been considered an attributive quality of a lawyer, an employee of the internal affairs bodies.
5. Language is a tool by which all thoughts are formed and transmitted, it is a lawyer's professional weapon. For a lawyer, the issues of speech culture are relevant and topical in view of practical necessity.
In a generalized form, the requirements of a culture of speech, the appearance of an employee are reduced to the following provisions:
It is especially useful for police officers to know slang - the jargon of criminals,
to make it easier to fight them, but to speak their language means to humiliate, insult oneself, sink to their level.
The correct tone of speech of an employee of the internal affairs bodies is a means of persuasion and
at the same time showing respect for the interlocutor. A calm, even tone, of course, helps him convince the interlocutor, while irritability, nervousness, loudness nullify all his arguments, make the employee an unbearable interlocutor.
The more cultured the person, the richer the vocabulary.
Never, under any circumstances, should you forget the main criterion
actions and behavior of an internal affairs officer: legitimacy and moral assessment by public opinion, people for whose safety and tranquility there is this service(Code of honor for the rank and file and commanding staff of the internal affairs bodies // Appendix to the Order of the Ministry of Internal Affairs of Russia No. 501, November 19, 1993).
The professional honor of a police officer should be above all else.
In conclusion, we present the generally accepted communicative postulates
Say neither more nor less, but just as much as is necessary for an adequate
transfer of information.
Don't get distracted from the topic.
Speak only the truth.
Be specific, not ambiguous.
Speak politely, respecting the speech dignity of the interlocutor.
Very often the postulates are not respected.
Requirements for the moral culture of law enforcement officers.
Moral culture occupies one of the central places in the personal culture of law enforcement officers.
Moral qualities, which are part of the concept of the moral culture of the individual, have always played and still play a huge role in all spheres of human life, especially military, in the activities of special services and law enforcement agencies.
In general, in its essence, content and structure, the moral culture of law enforcement officers coincides with the moral culture of Russian citizens.
In a generalized form, the moral requirements for a law enforcement officer are as follows:
Treating a person as the highest value, respect and protection of rights, freedoms and
human dignity in accordance with international and domestic legal norms and universal principles of morality;
A deep understanding of the social significance of their role and high
professionalism, their responsibility to society and the state as an employee of the law enforcement system, on which public safety, the protection of life, health, and legal protection of large masses of people depend to a decisive extent;
Reasonable and humane use of the legally granted employee
law enforcement agencies of the rights in strict accordance with the principles of social justice, civil, official and moral duty;
Principle, courage, uncompromisingness, selflessness in the fight against
criminality, objectivity and impartiality in decision-making;
The impeccability of personal behavior in the service and at home, honesty, incorruptibility,
concern for professional honor, public reputation of a law enforcement officer;
Conscious discipline, diligence and initiative, professional
solidarity,
Mutual assistance, support, courage and moral and psychological readiness for
action in difficult situations, the ability to take reasonable risks in extreme conditions;
Continuous improvement of professional skills, knowledge in the field
service ethics, etiquette and tact, raising the general culture, expanding the intellectual horizons, creative development of domestic and foreign experience necessary in the service.
Attitude towards others: modesty, pride in one's profession, respect for a sense of dignity and honor - in oneself and in others, conscientiousness, justice, exactingness, truthfulness, politeness, decency, goodwill, constant readiness to help.
Attitude to the performance of official duties: courage, endurance, self-control, perseverance, determination, exactingness, discipline, adherence to principles, courage, initiative, honesty, disinterestedness, diligence, independence, efficiency, creativity.
The main moral requirements for the professional activities of law enforcement officers: ideological conviction, personal discipline, legality, continuous improvement of professional knowledge, skills, etc.
Office etiquette of a lawyer
As for the professional activity of a lawyer, it is fully connected with aesthetics, since the features and results of this interaction are clearly visible here. They are expressed in the aesthetic culture of a lawyer, which is the basis of legal aesthetics as a scientific direction.
The requirements of legal aesthetics apply to all aspects of a lawyer's work. They contribute to ensuring the effective and optimal organization of the work of a lawyer, its high culture, and the creation of an atmosphere of business comfort.
Ethical and aesthetic in jurisprudence (taking into account their specifics), as well as in other sciences, constitute an inseparable whole.
The aesthetic culture of a lawyer has an inner and outer side. The external side appears in the forms of its manifestation and characterizes the external side of the lawyer's activity; internal - in the requirements of the perception of beauty, which are the deep properties of the personality and characterize the inner side of the aesthetic culture of a lawyer as a person, his ideals, aesthetic taste.
37. Personal discipline is the main requirement for the moral culture of a lawyer.
Discipline as a quality of a person characterizes her behavior in various fields life and activity and is manifested in consistency, internal organization, responsibility, readiness to obey both personal and public goals, attitudes, norms and principles.
Discipline- these are the requirements of discipline, the fulfillment of which has become for the employee a deep internal need, a stable habit to do everything regulations that govern the activity.
It is a manifestation of the employee's responsibility for his actions before society and the law, understanding the need to subordinate his actions to the role of the boss, personal interests - to the interests of the service.
Thus, we can conclude that the concept of "discipline" is a specific quality of an employee of the internal affairs bodies, which ensures stable and strict compliance with the requirements of laws and other regulations. It is characterized by external and internal indicators.
External indicators discipline:
Strict observance of the law
Accurate and proactive execution of orders and orders of superiors
careful attitude to weapons, equipment, means of communication, and other official property.
Exemplary appearance.
Internal indicators of discipline:
Belief in the necessity and expediency of service discipline,
knowledge of laws and other regulations governing official activities,
Ability to manage oneself in accordance with the requirements of the official
disciplines, skills and habits of disciplined behavior, self-discipline.
Such a quality as discipline is not born with
by a person, and even more so is not given to an employee of the internal affairs bodies along with shoulder straps. It is formed and developed in the process of activity.
38. The essence and content of the ethics of the prosecutor's office.
The behavior of the public prosecutor, his position as a whole must be based on moral standards and comply with them. The prosecutor protects the interests of society, acts on behalf of the state, but at the same time he is called upon to protect the legitimate interests of the defendant, his dignity.
Ethics of a prosecutor
Regulatory framework:
Federal Law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992 (as amended on July 01, 2010);
Code of Ethics for Prosecutors
Code of Criminal Procedure of the Russian Federation;
Civil Procedure Code of the Russian Federation.
Thus, we can give the following definition of prosecutorial ethics. Prosecutorial ethics - the presence of prosecutors and investigators high level general educational and theoretical training, the possession of deep knowledge in various fields, spiritual and spiritual qualities, the manifestation of the highest professionalism in the performance of their functional and official duties, steadfast observance of the rules of morality, the principles of the activities of the prosecutor's office and a humane attitude towards people.
The purpose of this Code is to establish the rules of conduct for a prosecutor's worker arising from this high rank, the specifics of service in the bodies and institutions of the prosecutor's office of the Russian Federation and the restrictions associated with prosecutorial activities.
A prosecutor's worker in official and out-of-service activities is obliged to:
Maintain personal dignity in any situation, be a model of behavior, integrity, avoid conflict situations, constantly improve professional qualifications, cultural level, etc. (based general provisions code).
The subject and objectives of the course "Professional ethics".
legal ethics- this is a type of professional ethics, which is a set of rules of conduct for employees of the legal profession, ensuring the moral nature of their work and off-duty behavior, as well as a scientific discipline that studies the specifics of the implementation of moral requirements in this area. The task of ethics is to describe morality, to explain morality, and to teach morality. The professional ethics of a lawyer can be called the moral code of lawyers of various specialties. The value of the professional ethics of a lawyer lies in the fact that it gives a moral character to the activities of administering justice, performing prosecutorial functions, investigative work, as well as other activities carried out by professional lawyers.
Moral norms fill justice and legal activity in general
humanistic content. The professional ethics of a lawyer, revealing and promoting the humane principles of legal relations that develop in various areas of life, has a positive impact on both legislation and law enforcement.
Tasks: contribute to the correct formation of the consciousness and views of legal professionals, orienting them to strict observance of moral standards, ensuring genuine justice, protecting the rights, freedoms, honor and dignity of people, protecting their own honor and reputation.
Ethics as a science not only studies, generalizes and systematizes the principles and norms of morality that operate in society, but also contributes to the development of such moral ideas that meet historical needs to the maximum extent, thereby contributing to the improvement of society and man. Ethics as a science serves the social and economic progress of society, the establishment of the principles of humanism and justice in it.
In this way, ethics - this is the science of the essence, the laws of origin and the historical development of morality, its specific functions, the moral values of social life.
The mechanism of behavior of employees in teams is based on three most important factors:
1) the dependence of the employee on the team, the state and society, his interest in supporting society;
2) a certain freedom, independence of the employee, expressed in the possibility of choosing one or another line of behavior within a certain range of possibilities;
3) responsibility for results and possible consequences freedom of their actions: each employee must be ready to answer for his moral choice within the framework of moral norms formed by the team and society.
Introduction………………………………………….………………………………….3
1. Moral culture of law enforcement officers………………………………………………………………………………………………….
2. .Structure of moral culture………………………………..………..6
3. Professional and moral deformation and its factors…………..10
4. Call of duty and moral responsibility of police officers .... ... 12
5. Conclusion…………………………………………………………………… 17
List of used literature……………………………………………...18
Introduction………………………………………….……………………………….3
List of used literature………………………………………………………………………………………………………………………………………………………………………………………….
Introduction
The official duty of a law enforcement officer is an integral part of public duty. It is moral in its objective and subjective terms. The moral value of the objective content of duty lies in the fact that it is subject to the solution of lofty tasks: protecting the rights and freedoms of the individual, ensuring the security of one's country, and strengthening the rule of law. However, the potential possibilities of official duty are manifested if they are supplemented by a moral attitude towards it, when public duties are perceived and realized as personal, as a deep need and conviction in the justice and righteousness of the cause you serve.
The duty of a law enforcement officer is a high honorable duty arising from the objective needs of protecting the individual, society and the state, consecrated by state legal requirements and internal moral motives.
In law enforcement agencies, priority is given to duty as a direct regulator of the activities of their employees. The mechanism of behavior of employees in teams is based on three important factors:
1) the dependence of the employee on the team, the state and society, his interest in supporting society;
2) a certain freedom, independence of the employee, expressed in the possibility of choosing one or another line of behavior within a certain range of possibilities;
3) responsibility for the results and possible consequences of the freedom of their actions: each employee must be ready to answer for his moral choice within the framework of the moral standards formed by the team and society.
Moral culture occupies one of the central places in the personal culture of law enforcement officers. This is due to the nature of their activities, because. it is connected with ensuring the rights and freedoms of citizens, the fulfillment of their obligations to society and the state.
Firstly, the fight against crime and other offenses is not only a legal but also a moral problem, since it is impossible to fight crime and its causes without strengthening the moral foundations of society, and without fighting crime it is impossible to ensure the full development and manifestation of moral factor in its constructive, constructive role.
Secondly, law enforcement officers, as a rule, have to deal with not the best part of society, which, on the one hand, has a very adverse effect on their moral character and can, under certain conditions, lead to moral deformation, and on the other hand, official ethics oblige each employee to show tact, restraint, morally influence the detainee, arrested, convicted. In addition, as practice and research show, the moral culture of law enforcement officers has a noticeable disciplinary, educational impact on citizens.
The term "moral culture" was formed on the basis of two concepts "morality" and "culture". Morality, as you know, is the practical embodiment of moral ideals, goals and attitudes in various forms of social life, in the culture of people's behavior and relations between them. The very word "culture", as you know, comes from the Latin "cultura", which in translation into Russian means cultivation, processing, improvement, education, upbringing. The subject of culture, its bearer are both society as a whole and its structural formations: nations, classes, social strata, professional communities and each person individually. And in all these cases, culture acts as a qualitative characteristic of the degree of perfection of any sphere of human life and of the person himself. Man is the subject and object of culture. The specificity of culture lies in the fact that it reveals the qualitative side of human activity, showing how the latter acts as the realization of the creative potential of a person, how much this activity meets certain requirements and norms.
Moral culture is the ability to competently and creatively apply knowledge of moral norms and principles to specific situations in practice, turning simple norms of morality into one's own worldview beliefs.
Structurally, the culture of personality can be considered on the basis of various grounds, thus achieving comprehensiveness. From the point of view of the relationship between the spiritual and the practical, the following levels can be distinguished in it with good reason: theoretical or rational, sensual-psychological and activity. Thus, it can be reasonably argued that culture is the spiritual potential of the individual in action.
In the moral consciousness of the individual, two levels can be distinguished:
1) theoretical (rational);
2) psychological (sensual).
Both of them are closely interconnected, influence each other and allow the most complete and deep, mind and heart to evaluate social phenomena from the standpoint of good and evil and influence the actions and deeds of a person from the same positions.
The content of the theoretical or rational level of moral consciousness is ethical knowledge, views and ideals, principles and norms, moral needs. The content of this level of moral consciousness is formed purposefully both by the relevant public and state institutions (kindergarten, school, university, service team), and by the efforts of the individual himself. Elements of this level are more stable, they are more closely connected with political and legal consciousness. They are deeper and more fundamental, because they reflect the most significant connections, patterns, trends in the moral life of society. It is precisely because of this that they can control and orient, restrain the moral feelings and emotions of the individual.
Moral needs, being, like beliefs, the result of the activity of the mind and heart, become an important goal of the transmission mechanism from moral consciousness to moral behavior.
The culture of moral needs is such a level of their development that expresses the constant desire of a law enforcement officer to consciously and disinterestedly fulfill his civic and official duty, to comply with the requirements of public morality and military ethics in everyday service and off-duty activities. The more sublime the moral needs are, the higher the level of moral qualities.
The second level of moral consciousness is the psychological or sensual level. It is sometimes called the level of ordinary moral consciousness. It includes a rich spectrum of moral feelings, emotions, likes and dislikes, ideas about moral and immoral, moral rules, mores, customs, etc., developed and fixed by a person in the process of life experience. This is a kind of primary elements of moral consciousness. In feelings, emotions, likes and dislikes, the formation of the moral position of the individual takes place emotionally and directly.
For example, intimate feelings are feelings of love, friendship, fidelity, hatred or devotion, etc. They arise in relations with other people, they express sympathy and antipathy, likes and dislikes.
Feelings of social experience have a completely different character. They, in fact, are moral and political feelings, because they reflect attitudes not so much to other people, but to phenomena of great civic resonance: this is a feeling of patriotism and internationalism, collectivism and solidarity, national pride, etc. They are complex in their content, diverse in their manifestation, and rather represent a fusion of the personal and the public. It should also be emphasized that, unlike, for example, intimate feelings, which are mobile and dynamic, moral and political feelings are more stable and stabilized.
An integral moral and political quality of law enforcement officers is genuine internationalism, which is realized in respect for other peoples, intolerance for national and racial hatred.
Moral qualities, which are given special attention, and which are usually called actually moral: honesty, truthfulness, modesty, self-esteem, ability to behave.
Moral qualities act as stable elements of the moral consciousness and behavior (both professional and everyday) of investigators, prosecutors, lawyers, and judges. In order for criminal procedural relations to be truly moral, these persons must have certain moral qualities, be morally educated. Investigators, prosecutors, lawyers, judges must be distinguished by deep respect for the law, fidelity to its letter and spirit, steadfastness and resistance to outside influence, independence in judgment and vigilance. They must be demanding of themselves and people, honest and incorruptible, modest and polite, courageous and resolute, hardworking.
It is difficult to find another profession, possessing which one would daily have to deal with such an abundance of a wide variety of life situations, actions, motives, human characters. And in all this diversity it is necessary to understand quickly, comprehensively, completely and deeply. An investigator, prosecutor, lawyer, judge must be as restrained, tactful, correct, collected, cool-headed and calm in relation to each person - a repeat offender and a domestic squabbler, a hardened killer and an ordinary brawler, a victim and a witness, a woman and a man, an old man and a teenager who have fallen into the realm of justice. And no matter how great the emotional and mental stress is, no matter how hard it is to restrain anger towards a bandit and a murderer, a rapist and a robber, a breakdown is unacceptable here, as are threats, rudeness, deceit, lies, no matter how good intentions and reasons they didn't explain.
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Professional and moral deformation and its factors
As a rule, an employee determines his line of conduct, specific actions, attitude towards service and people, comparing them with his understanding of “personal and service dignity”, “professional duty and honor”. If his intended actions correspond to the employee's ideas of duty, honor, dignity, then he willingly fulfills his duties, acts proactively, and is not afraid to take responsibility, because morally he approves and encourages his actions.
Dishonesty, deceit, indiscretion, ambition, sexual promiscuity - the right path to the moral deformation of the employee.
This deformation is characterized by the following indicators:
formal bureaucratic methods of leadership (arrogance, rudeness, swagger, callous attitude towards subordinates);
Abuse of power (rudeness towards citizens, humiliation of their human dignity, failure to provide them with assistance, unjustified use of physical force, combat techniques, special means and weapons);
Tolerance to violations of official discipline and to the facts of non-fulfillment of official duty;
Formalism and simplification in the preparation of documentation;
Violations of the procedural code;
psychological conflict atmosphere in the team (conflict situations as a constant norm of service relations);
priority orientation in the team to moral anti-values;
illegibility in means;
Formation of an atmosphere of mutual responsibility;
Gross violations of the Rules of the Road, not caused by the need for work, as the norm of behavior behind the wheel;
household decay, drunkenness;
Gross violations of the law with the approval of many members of the service team;
disclosure of official secrets;
Merging with the criminal world;
group crimes (theft, robbery, robbery, etc.).
Knowledge and consideration of the above factors and indicators are extremely important, primarily for managers and employees of the personnel apparatus, as well as for employees who carry out educational work with personnel. For timely neutralization and prevention, negative moral deformation and criminal degradation of the service team, it is also necessary to know and take into account the main reasons for the appearance of these factors, which, of course, in a concrete manifestation depend on the actions of individual members of the service team, but in their service basis have objectively existing reasons generated both by the specifics of the service (internal causes) and certain conditions of social life (external causes):
In debt, there are two sides - objective and subjective. objective expresses the immutable social requirements for a person: the need to work, defend the homeland, observe the rules of the hostel, prevent violations of legal regulations, etc.
subjective the side of duty is connected with the awareness by each person of the requirements of society as a whole, of an individual team and his inner readiness to consciously fulfill them in Everyday life. Duty in this sense acts as a moral task formulated by a person for himself on the basis of moral requirements addressed to everyone. This is a personal task of a particular person in a particular situation. Debt may be social(military duty, duty of a judge, duty of an investigator, etc.) and personal(parental, filial, marital, comradely, etc.).
When they say that this or that worker judicial system possesses a high sense of duty, this means that he is deeply aware of the socially useful significance of his activity and he is ready, despite all the difficulties, to fulfill his destiny. Exactly at official (professional) duty organically linked legal (legal) and moral. Call of duty is a set of duties imposed on the employee by position and perceived by him as a moral necessity.
Inherently linked to the category of "debt" is the category "conscience". Conscience characterizes a person's ability to exercise moral self-control, internal self-assessment from the standpoint of the compliance of his behavior with the requirements of morality, independently formulate moral tasks for himself and demand that he fulfill them.
YES. Rovinsky.
“Shame is the most precious ability of a person to put his actions in accordance with the requirements of that higher conscience, which is bequeathed by the history of civilization”
Conscience is divided into rational, emotional and volitional components. Rational the component of conscience is a reasonable (rational) awareness of the moral significance of the actions performed, a person's assessment of his behavior. A conscientious person thinks about his behavior, actions that drop him in the eyes of other people, even when he is sure that no one knows about these actions of his. "Voice of conscience" prevents a conscientious person from committing unseemly acts; in the case of committing such, he usually experiences "pangs of conscience", i.e. suffers from the realization that he did a wrong deed, regrets its consequences. Conscience in such cases, as it were, "accuses",
"testifies", "sentences".
Here, conscience acts as a kind of internal judge of human actions, thoughts and feelings, i.e. it manifests itself not only on the rational, but also on the sensory-emotional level, in the form of moral satisfaction or dissatisfaction of a person with himself. The feeling of such satisfaction is called "good conscience" ("clear conscience"). The feeling of dissatisfaction (dissatisfaction) with oneself takes the form of repentance, remorse, causes a feeling of shame.
And what does that which is called shame?
The feeling of shame was very clearly defined by the founder of the Judicial Reform of 1864. YES. Rovinsky: "Shame is the most precious ability of a person to put his actions in accordance with the requirements of that higher conscience, which is bequeathed by the history of civilization."
Shame develops on the basis of respect for the opinions of others. Often people, being witnesses of an indecent act of another person, experience a feeling of shame (ashamed of a drunk lying in a puddle, disgusting, ashamed to look at a boor, etc.).
The emotional nature of conscience is manifested not only in shame, in "pangs of conscience", but also in positive emotions, in what is called a calm conscience. Emotional experiences are a very significant motivating force that does not allow a person to commit acts that are contrary to morality. Consequently, conscience is not only a person's reaction to his unseemly actions, but also the presentation of high exactingness, exactingness to himself, which makes conscience an incentive for a person's moral behavior.
Conscience acts not only as a feeling, but also as volitional moment. Conscience keeps from committing this or that unseemly act, makes you act in a certain way. Any feeling acquires social value only insofar as it is translated into an action corresponding to it. And will represents such a form of orientation of human behavior when neither rational (intellectual) nor sensual-emotional evaluation is already enough. Will is the ability of a person to overcome obstacles and achieve the goal. The will is manifested in such traits of a person’s character as his determination, determination, perseverance, perseverance, courage. It is unnecessary to prove how important these traits are for a judge.
Any case under judicial order, affects the vital benefits of people, and therefore confronts the judge with various conflicts, leads to the need to make responsible decisions, and often in complex conflict situations. However, a developed sense of conscience, the ability to correctly, self-critically and fundamentally evaluate one's own and other people's motives and actions are the key to the fulfillment by a judge of his high destiny.
