Valuable measurements of righteous behavio

Taras HARASYMIV "Valuable measurements of righteous behavio".

https://science.lpnu.ua/law/all-volumes-and-issues/volume-11-number-1-40...

Authors:
1
Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

The article provides a theoretical and legal analysis of the definition of lawful behavior, an understanding of its criteria, types, mechanism of formation and implementation in modern circumstances. Lawful behavior as a type of social behavior is a complex process of human and law interaction. This interaction consists in the influence of law on the behavior of an individual who, guided by the value system established in his mind, chooses his own model of behavior. It is the values that form and characterize the inner world of an individual: his spiritual state, will, feelings, mind, attitude to the macrocosm. On the other hand, an individual, being in society, performing certain acts and performing specific actions, may not always be educated about their regulation by law, but is mostly able to analyze his own behavior and evaluate it in relation to the task of harming or benefiting other members of society.

Lawful behavior is the basis of the legal order of modern civil society and the rule of law. It is through universal observance of lawful behavior that the state is able to perform its delegated functions realistically and optimally, and the right to realize its direct purpose. Therefore, state legal institutions, realizing that the key to their effectiveness is the ability to adopt fair laws and correct decisions that will be followed by society, should act in such a way that will maximally stimulate a lawful model of behavior. The social role of legal behavior is directly related to the social purpose of law. In the process of its implementation, the goals and objectives of legal regulation are achieved. The lawful behavior of an individual in accordance with its results and objective meaning, and is actually a right in action. Legitimate behavior is a socially beneficial activity of an individual aimed at ensuring state, legal, public and personal interests, values and goals. It is a value for the law precisely because the individual itself is a real value for it.

It was found that lawful behavior is based on the following basic value elements: legal awareness and legal culture; an individual's understanding that his rights and freedoms are guaranteed by laws and can be optimally implemented in practice; freedom of choice, which enables the individual to act at his own discretion and without any interference; the presence of a special relationship between the government and the individual, when the latter is an equal partner of the state, who participates in decision-making, exercises control over the activities of the state and its institutions, as well as in other processes.

1. Svyrydenko H. V. (2017) Pravomirna povedinka: teoretyko-prykladni zasady [Legitimate behavior: theoretical and applied principles]: dysertatsiia na zdobuttia naukovoho stupenia kandydata yurydychnykh nauk. Kyiv. 215 p. [in Ukrainian].

2. Panchyshyn R. I. (2016) Determinanty povedinky liudyny: filosofsko-pravovyi vymir [Determinants of human behavior: philosophical and legal dimension]: dys. … kand. yurydychnykh nauk : 12.00.12, Lviv. 205 p. [in Ukrainian].

3. Ivanovskyi D. V. (2016) Pravovyi vplyv na svidomist yak chynnyk formuvannia pravomirnoi povedinky [Legal influence on consciousness as a factor in the formation of lawful behavior]. Pravovyi vplyv na nepravomirnu povedinku: aktualni hrani : monohrafiia. Za red. O. V. Kozachenka, Ye. L. Streltsova. Mykolaiv. P. 608−625. [in Ukrainian].

4. Bashchuk S. H. (2014) Pravova aktyvnist: poniattia, struktura ta vydy [Legal activity: concept, structure and types]: avtoref. dys. ... kand. yuryd. nauk: 12.00.01. Kharkiv. 20 p. [in Ukrainian].

5. Kapitanska S. A. (2005) Pravomirna bezdiialnist yak forma pravovoi povedinky [Legitimate inactivity as a form of legal behavior]: avtoref. dys. ... kand. yuryd. nauk: 12.00.01. Kyiv.15 р. [in Ukrainian].

6. Teremtsova N. V. (2010) Pryroda pravomirnoi povedinky liudyny (kultura povedinky liudyny, mekhanizm indyvidualnoi povedinky, antysuspilna povedinka, konformistska povedinka...) [The nature of lawful human behavior (culture of human behavior, mechanism of individual behavior, antisocial behavior, conformist behavior...)]. Visnyk NTUU «KPI». Politolohiia. Sotsiolohiia. Pravo: zbirnyk naukovykh prats. No 2 (6). P. 167–170. [in Ukrainian].

7. Bashchuk S. H. (2014) Sotsialna povedinka i vplyv tsinnostei na nei [Social behavior and the influence of values on it]. Naukovyi visnyk Mizhnarodnoho humanitarnoho universytetu. Seriia: Yurysprudentsiia. Vol. 8. P. 4–7. [in Ukrainian].