The formation of the professional culture of the lawyer in the modern legal society

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Bogdan Khmelnitsky Melitopol State Pedagogical University

THE FORMATION OF THE PROFESSIONAL CULTURE OF THE LAWYER IN THE MODERN LEGAL SOCIETY

Kozar Yu.Yu., Nepsha O.V.

Introduction

The formation and development of Ukraine as the democratic state, the perspectives of its entry the world community requires renewed approaches to the problems of the formation of personality in all aspects of public life, in particular, in education. First of all, the system of education and upbringing of students-lawyers should be perfected, as they will influence the formation of Ukraine as the social legal state through the sphere of the future professional activity. So, the function of the professional activity of lawyer is protection of the rights, freedoms and legitimate interests of individuals and legal entities, ensuring them with competent and highly qualified assistance, and also their representation at the appropriate professional level before other subjects [1, p.148]. Hence it is the necessity of the scientific research and the grounds of the essence, the principles and the main principles of the formation of the professional culture of future lawyers.

There are the different approaches to the determination of the essence of the content of the professional culture in the scientific literature. For example, O.F, Skakun [10] singles out such elements of the lawyer's professional culture as legal, political, psychological, ethical, aesthetic, ecological, economic, and formational culture. S.D. Gusariev, O.D. Tykhomyrov [1] single out moral, ethical; S.S. Slyvka [11,12] singles out spiritual, moral, aesthetic, national, pedagogical, political, economic, acting.

The clear understanding of the state and the level of maturity of the professional culture of lawyers is the necessary condition of the effective legal policy, because no matter what the ideal laws of the state are on paper, people embody them in their actions. And lawyers have the dual mission in this regard: not only exemplary application of legal norms, but also the professional monitoring of their strict adherence by others.

Presenting main material

professional culture lawyer legal

The professional culture of lawyer is the presence of the complex system of the developed individual subcultures in each lawyers, which allows implementing the professional power at the appropriate level [4].

The professional culture of the lawyer is formed step by step. Its basics are reminded in the process of the obtaining of the legal education, and other components of the professional culture are acquired in the process of the cognition of the specifics of the legal activity. The professional culture of the lawyers is a complex of the different types of the cultures. In our opinion, it is expedient to consider such main levels of the professional culture as: legal, political, psychological, ethical, aesthetic, economic, ecological and informative.

The main element of the professional culture is the legal culture of the lawyer, which is the system of the professional-legal knowledge, the skills and the abilities which characterize the high degree of the legal development of the lawyer and its impact on the legal culture of the society in the process of the legal activity. The legal culture of the future lawyers is formed both in the process of the educational lessons (because each lesson must realize the educational purpose) and in the process of the participation in the scientific circles, the conferences, the competitions of the scientific works, the Olympiads, the writing of the term papers and the diploma works, the passing of the professional introductory and the production practices by the students. The main role in this process is built on the teaching staff of the university, which forms the high level of the legal awareness and the legal culture of the future lawyers [14].

The psychological culture is a system of the psychological properties which are formed in the process of the interrelation of the lawye''s personality and the requirements of the legal processes. It is important to pay attention to the formation of such psychological properties of the lawyer as memory, emotion, feeling, mood, stress and thinking. After all, the ability to think legally means the opportunity to operate purposefully with the concepts, to understand, to analyze and to interpret the norms of the laws in the practical legal activities [13].

The political culture foresees the knowledge of the peculiarities of the political life of the society, the social processes that take place in it. At the same time, the students must remember about the abidance of the principle of the political neutrality for the judges, the prosecutors, the law enforcement officers, the employees of the Security Service of Ukraine and the military lawyers.

To know the real policy of the state and the civil society means for lawyer to be able to analyze, to evaluate and to predict the development of the political processes and their results, to interpret adequately the legal realities, to influence the implementation of the legal regulation and to make optimal decisions in the particular life situation. It should be meant that the lawyers (by the education and the profession) in the developed world make up the personnel potential of the public authorities and the administration. At the same time, the political preferences and even passions of the lawyer must not, in any way, affect the results of his professional activity, because the ability to dissociate from one's own interests, including the political ones, is the evidence of his high level of the professionalism [11].

One of the important components is the ethical culture, which contains the system of the moral principles and the norms which have been formed as the result of the feeling, the knowledge, the needs, the beliefs and which are reflected in the moral behavior of the lawyer, his inner beliefs and the external manifestations. Such moral qualities of the future lawyers as honesty, justice, dignity, conscience, decency, responsibility, humanism are formed both during the educational lessons and in the educational work, in particular, during the realization of the conversations of moral-ethical direction at the culture classes, the thematic evenings, etc. [7].

The formation of the aesthetic culture in the students involves the education of the system of the aesthetic feeling, the knowledge, the skills and the abilities that express the degree of the mastery of the beautiful and they are manifested in the behavior of the lawyer in the process of the implementation of the professional duties. The main methods of the formation of this level of the legal awareness are the visiting of the exhibitions of the classical and the modern art, the museums, the excursions to the places of the interest, the conducting of the student art competitions, the formation of the students' sense of the tact and the compliance of the rules of the business of the lawyer etiquette, the ability to have the aesthetic appearance [2].

The necessity of the formation of the economic culture of the lawyers is caused with the economic changes taking place in the society. The economic culture is a system of the economic knowledge, the skills and the abilities that allow the lawyer to perform economically well-grounded and qualified his professional duties. The economic culture of the lawyer, based on the special preparation in the sphere of the economic theory of the informative technology, the finance, the banking, the accounting, etc. is the integral part of his general professional culture. It is no secret that the state policy is a concentrated expression of its economic development or the decline. Taking into account the fact that the legal regulation of the economic relations in all countries of the world plays an increasingly important role, the knowledge of the regularity of the functioning of the economy of the individual country and its foreign economic relations with other countries acquire the great importance in the professional preparation of the lawyer. At the present stage of the globalization of the world economy, the specialized law firms are created and are functioned, which provide the legal services in the sphere of the economic relations, which require the detailed knowledge of this sphere. Despite this it means to humiliate the level of one's professionalism, not to provide granting of the qualitative legal services to one's clients in the sphere of the business [6].

The formation of the ecological culture of the citizens depends largely on the ecological culture of the lawyer, as the system of the ecological knowledge, the skills and the abilities for the regulation of the ecological relations and the ensuring of the ecological safety of the society [8]. The students should realize clearly that the lawyer is the guardian of the natural environment [5].

So, the professional culture of the lawyer is a totality of the different elements of the cultures and the norms-requirements of legal, psychological, ethical, aesthetic, political, economic, ecological and informative character, which are moved towards to the lawyer for the ensuring of the effective implementation of their professional functions [4]. The formation of each of these elements of the professional culture of the lawyer is ensured with the realization of such directions of the education of the lawyersstudents as legal, national-patriotic, intellectual, moral-ethical, ecological, aesthetic, labor, physical education, which are carried out in accordance with the «Concept of the national education of the students» (2009).

Depending on the essence of the professional culture, it is possible to single out the principles of its ensuring, which contribute to the formation of the professional and the personal qualities of the future lawyer. The principles of the formation of the professional culture of the future lawyers are the fundamental ideas that objectify the requirements to the necessary qualities of the future specialist. They are included:

- the service of the principle of the Rule of law;

- the compliance with the law;

- the compliance and the protection of the legitimate interests of the citizens;

- the devotion to the profession, the professionalism, the competence, the continuous improvement and the self-demand;

- the independence, the impartiality, the objectivity, the honesty, the adherence to the principles, the conscientiousness, the personal responsibility for their actions [4,9].

The legal culture of the future specialists combines the legal knowledge, the views and the personality settings, and also the legal activity, the skills and the abilities to evaluate their own and others' actions in terms of the current laws, to choose and to use them for the achievement of the purpose in the legal ways [3].

The important indicator of the formation of the legal awareness of the lawyers is the situation when the specialistslawyers compare their actions with the high standards of the human rights. It should be based on the philosophical concept of the priority of the human rights in relation to all phenomena of the civilization and the culture.

The legal being in the known of the lawyers has the special meaning by means of the computerization of the activities of the state legal institutions and the organizations, the lecturing by the scientific lawyers, the training courses. The special attention should be paid to the ensuring of the informative needs and the interests of the lawyers through the World net of Internet. No less important is the proper organization of the work of the lawyers of the different specialties. The overload at the work leads to the fact that they are who do not have time to process the new legal information, to get acquainted with the scientific achievements, with the changes in the legislation [3].

Carrying out the balanced state informative policy in the legal sphere. Because only the media, in our opinion, can be the way of the mutual communication between the population and the lawenforcement body, and also as the catalyst as for the consideration of the public opinion in the work of the state legal structures. The important element of the lawyer's legal culture is the opportune receiving the complete, the authentic and the objective information by him concerning the current normativelegal base and the legal practice in the country within which he provides the legal services. The possessing of the information for the lawyer is the domination over the situation. The priorities for the lawyer should be the most modern professional information (the novels of the legislation and the legal practice, the modern tendencies in the scientific research of the legal realities of the public life), the information from the related fields of the knowledge and the practice, the news of the social, the political, the economic and the cultural life. The lawyer must understand the importance of the information and the modern informative technology and be armed with it's the most modern achievements.

The activity of the modern Ukrainian lawyer is conditioned, in our opinion, with the prestige of the legal profession and the respect for its representatives by the society, it should be based on the following principles:

• the unconditional observance of the principles of «Rule of law» and the legality;

• the impartiality and the objectivity;

• the honesty and the integrity;

• the competencies;

• the responsibility to oneself, to the legal corporation, to the society and to the state for the quality and timeliness of the legal services. Such principles determine the level of the professional culture of the lawyer, the content is the mastering by each lawyers the system of the general cultural and the professional value, created and formed with the different generations of the ethnic, national and regional human communities and the bearers of the legal profession.

Given that the activities of the lawyer are associated with the cognition of the man, the problematic situations of his existence that arise in everyday life, the level of his religious culture becomes important. We mean that the knowledge and the awareness of the role of the man's religious worldview as the spiritual foundation of the life. The religious ideas, the learning, the postulates, the traditions, the customs, the rituals play the significant role in the spiritual formation and the development of the worldview position of each person on the Earth. And the point is not that whether the lawyer himself is a believer and in «what God» he believes. The point is that he is aware of the role of the religious culture in the system of the values of each person and the human community.

To know the basic religious learning and the confessions, to respect their role in the vital activity of the society and each individual man, especially those that function in your country and its individual regions; it is a requirement to the lawyer of all times and the nation. The motives and the causes of the lawful or the wrongful behavior of the person are in the religious learning, the confessional formations, the postulates, the traditions and the rituals often contain. The high level of the religious culture of the lawyer will always help him to analyze more fully and objectively the life situation, to establish psychological contact with the person, to find the causes and the consequences of the appropriate event (fact) and to make the best decision. Conversely, the low level of the religious culture will not allow doing it and it will lead to the misunderstandings and the mistakes, sometimes irreparable, in the provision of the various legal services: from consulting to the approval of the court decision [14].

The specific peculiarity of the legal profession is the fact that its implementation takes place with the help of such human ways of the use as the language as verbal (written and oral) and nonverbal (gestures and facial expressions). The level of the language skill is the sign not only erudition, but also professionalism of any specialist, and the lawyer is even more. That is why the linguistic preparation of the lawyer, which foresees the large vocabulary, the ability to build stylistically correctly the oral and the written speech, while they use and interpret correctly and rightly the special legal terms and the formulas, they explain adequately their own legal position to their interlocutors and the clients regardless of the level of their general and the legal education and the culture; and it is a guarantee of the high level of the professional culture of the lawyer. In this context, due to the development of the process of the globalization of the world and the certain universalization (adaptation) of the normative acts of the different countries, including the European Union, the additional importance to the Ukrainian language acquires the knowledge and the maximum free possession of the lawyer at least one from the most common languages of the communication of the world communities, namely: English, Spanish, Chinese, German, French, Japanese.

The perfect mastery of the verbal means of the communication should be complemented with the skills and the abilities of the lawyer in the use of the nonverbal means such as the gestures and the expressions that affect additionally emotionally the perception of the certain information by the other party. At one time the language of the expressions and the gestures helps to diagnose the psychological conditions of the person and to establish the desired psychological contact with her, to perceive, to understand and to comprehend more effectively the received information. Complete the proposed list of the structural elements of the professional culture of the lawyer is the legal culture. So, we draw the «conditional line», or close the «circle» in our thought as for the delineation of the system of the components of such culture.

In our opinion, the legal culture of the lawyer consists of the professional legal knowledge, the skills and the abilities; the knowledge from the spheres of the vital activity related to the relevant field of the legal regulation; the legal consciousness and the lawful behavior of the bearer of this profession.

It should be emphasized that the appropriate level of the legal knowledge, the skills and the abilities, first of all, forms the professional status of the lawyer, and the increase and the improvement of the field of the legal regulation determine his need in the integrated and the complex knowledge. The related special knowledge does not replace the law as such and it is not the extra application to it, but it expands and deepens the legal awareness of the lawyer-specialist, which contributes to the effective implementation of his social functions.

The legal consciousness and the lawful behavior of the lawyer are the interdependent professional qualities. The legal consciousness reflects the lawyer's inner professional worldview, his belief in the need of the law as such and the legal regulation of the public relations, the undeniable rule of law and the strict adherence of the established rules, the heightened sense of the justice in the solution of the conflicts on the basis of the equality of each and every before the law.

So, the legal culture of the lawyer is at the same time the foundation, the walls and the roof of his professional culture and stronger it is than lawyer carries out qualitatively his professional activity, more responsible he is in the implementation of his powers. The lawyers should serve to the society as the example of the unity of the profession, the common interests and the purposes, the mutual support and the respect, the tolerance and the compliance of the corporate professional culture. The common profession, enough level of the education and the qualification of the lawyers will allow them to find the common professional language, to save time, to resolve actively and efficiently the complex legal problems and the conflicts on the basis of the mutually beneficial cooperation.

Conclusion

The professional culture of the lawyer and his property foresees knowledge of legal, moral, aesthetic, pedagogical, and psychological norms; respect for law, moral principles and norms, sense of legal duty; ability and skills to implement these norms and rules; readiness to implement their official duties, to act lawfully in any situation; the lawful conduct of the lawyer in carrying out his professional activities.

The formation and the development of Ukraine as the democratic state, the prospects of its entry the world community requires the renewed approaches to the problems of the formation of the personality in all aspects of the public life, in particular, in the education field. The high level of the professional culture of the lawyers is the necessary requirement of the modernity, because the result and the state-building processes in Ukraine depend on the professionalism of the representatives of the legal profession.

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