SCIENTIFIC MEASUREMENT OF MORAL BACKGROUND ACTIVITY OF THE INSTITUTE OF ADVOCATES IN THE CONTEXT OF PROBLEMS OF THE STATE AND THE RIGHT OF THEORY
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 3, Issue
Abstract
The article deals with the problems of the moral principles of the Institute of Advocacy in the context of the problems of the theory of state and law. The key concepts of research, the relationship and the delineation of more general categories such as ethics, ethics of the law, morality and morality are considered and clarified by comparative analysis.As scientists point out, defining the relation between ethics and morality, it is necessary to first find out the meaning in which the concept of ethics is used. After all, a significant part of the phenomena, which is denoted by this word, is an integral part of morality; the other part is the reflection of the phenomenon of morality (the actual science of morality). Separately, the correlation between the concepts of morality and morality is considered.In this article, the Institute of Advocacy is considered not as a state institution, but as a public institution with its important human rights functions and the need for their implementation in society. It is undeniably known that the narrowing of the scope of state dictate represents a clear and undeniable tendency of the development of democratic social institutions, including lawyers.On the basis of comprehension of normative-legal sources, the notion “moral principles of the activity of the Institute of Advocacy” is formulated, which is defined as certain principles of proper conduct in the exercise of the professional activity of a lawyer. Their significance is significant in cases where legal norms are not established for specific rules of conduct, the pursuit of professional activities in accordance with the principles and values of man and citizen (rule of law, legality, independence, confidentiality) and the avoidance of a conflict of interest. Such a wording is derived on the basis of an analysis of the relevant doctrinal provisions of the theory of state and law, historical and legal sources and the existing positions of Ukrainian and foreign scholars on the legal categories related to the subject of research. Most attention is paid to the problem of the formation of the Bar, its formation in the process of becoming Ukrainian statehood.
Authors and Affiliations
І. Я. Семенюк
Keywords
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