Ethics and legal aspects of public institutions' legal activities

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Ethics and legal aspects of public institutions' legal activities

Oleinykov Sergei Nikolaevich

Candidate of Juridical Science, Leading Researcher,

Scientific Research Institute of State Building and Local Government

National Academy of Law Sciences of Ukraine, Ukraine

Summary

Studies of professional legal activity stimulate methodological innovations that bring closer the disclosure of the theoretical concept and ethical-legal democratic transit. They are relevant to understanding the evolution and regime of interaction between power and society, based on the imperative of the rule of law. The social purpose of legal activity recognized as a condition for the rational organization of public-legal relations. Its objectivity conditioned by the real existence of the needs of society. The existence of a legal system presupposes the existence of the Bar as an element of it. It is not possible to guarantee the exercise of the rights of actors outside the actors. The influence of the moral renaissance factor, ethical and legal imperatives, mental archetypes of power - traditions, norms and values - in the process of formation and functioning of institutions of power, their perception and social legitimization must be taken into account. Ethics have a significant impact on the effectiveness of legal activities, support the system of social conditions and support the institutions of power, its brands, authority, image in the interaction of the state and civil society.

Keywords: public authority, state power, institutions of power, legal activity, state bodies, legal form of activity, legal ethics.

professional ethical legal

The role of the legal profession is, above all, determined by its more important condition in the rational organization and orderliness of the public-law and private legal relations. The exercise of professional legal activity is the prerogative of public authorities, but the influence of civil society institutions - citizens' associations, the media and public opinion - on it cannot be ignored.

The moral factor focuses the problem on ethical and legal imperatives in the process of the formation and functioning of institutions of power. They should determine the moral «tone» of legal activity, maintaining authority, image and management brands of power.

With regard to the social purpose of legal activity, it should be noted that the more important condition for the development of society is the rational legal regulation of public-legal and private legal relations. The opinion about social significance and objectivity of legal activity, functioning of its subjects is valid, which is due to processes in political and legal systems [1, p. 17]. The objectivity of the existence of this type of social activity is conditioned by the reality of the genesis of public needs and interests. The objectivity of the existence of a right, a legal system, does not imply the accidental creation, functioning and dynamics. Without legal activity, legal relations, outside the activity of the subjects, the potential of the law as such is destroyed, because without human activity the legal system becomes a piece of paper. It is the human form of legal activity that transforms the text of the law into a social reality [2, pp. 862].

Legal activity has such social characteristics as subject-matter, orderliness, selectivity, systematization, orderliness, expediency. Its purpose is professional participation of institutions of power in legal regulation. It is an indispensable attribute of society, its legal system and a prerequisite for its stable development and emerges along with the formation of law and the State as institutions of public power.

Along with changes in the social situation (crisis, progress) there are also changes in the individual parameters of the implementation of legal activities, which include the regime, workload, technical, organizational and information security and the quality of human resources.

Legal activity is a specific legal activity, which aimed at achieving legal goals, satisfaction of public and private interests in the sphere of law-making and legal protection. Its main goal is to achieve a socially significant equitable legal result, where justice as a category of ethics should determine the legal content of all forms of activity. Its implementation is the prerogative of State bodies, but it is important to take into account the influence of the institutions of society - associations of citizens, the media, public opinion.

At the same time, one cannot ignore the influence of the «moral renaissance» factor, which increased attention to ethical and legal imperatives, mental archetypes of power - traditions, customs and religious meanings of norms and values in the process of formation of institutions of power, their functioning, perception and social legitimation. They have a significant impact on the effectiveness of legal activity, support the system of social conditions and support for the institutions of power, its authority, image, brands of power in the modern conditions of interaction of the state and civil society institutions, developing outside the scope of the law.

Scientific positions reflect the unity of activity and legal practice in the «praxiological» aspect. They are characterized by the setting of legal objectives; by the subjects of power activity and its concentration on the positive development of the legal content of relations in society; the conscious and volitional nature of the activities of the subjects of power; the existence of legally defined competence of the institutions of power and the level of their actual competence; the intermediary of all forms of practice legal activity by sectoral norms of public and private law and their general legal and sectoral legal principles and values; formality of activity; its functional relationship with other social practices - education; economy, market relations, ecology and environmental management and relations in the sphere of creation and support of national security.

The synthesis of studies prompts a preliminary conclusion: legal activity mediated by the right; is aimed at meeting the needs of social development; is a kind of social activity along with the state, industrial, economic, political and other forms of it.

With regard to the relationship between legal and public activities, they are sometimes equated. The difference is only in the subjects: in State power activities, they are, as a rule, State bodies (collective or individual), and in legal activities - not only they, but also sometimes citizens, their associations, which have legally defined powers to carry out legally significant actions.

The characterization of the legal nature of the institutions of power has not undergone significant changes in the research of recent years. The characteristics by which legal activity is distinguished and identified are its characteristics, according to which it is primarily a) carried out in the field of law (objective existence of a right in the system of legal regulators, which implies the existence of legal activities that ensure the functioning of the right and therefore its operation); b) aims at organizing legally significant conduct of other subjects of law; (a special group of subjects shall be identified which, in addition to fulfilling their legal obligations, shall determine the legal status of other persons, control the lawfulness of their implementation of legal norms, assist them in the realization of subjective rights and legal obligations, Create appropriate conditions for their implementation).

Sometimes the uncritical literary reproduction of the properties of legal activity takes the form of unfounded allegations that tend to lead the scientific opinion to a tendency to recognize legal activity only to the monopoly of lawyers. Latent argumentation consists in the fact that in the field of legal activity there are specialists-professionals who possess special legal information, relevant skills, perform qualified and legally to perfection informative actions.

However, I believe that the legal activities of the institutions of power are carried out not only by legal professionals, but by all public entities with legal competence and authority, and legal decision-making procedures - legislative, law enforcement, control, foundation, which are carried out within the limits of state functions, are subject to socially significant and state goals for merit of legal result. They may be a regulatory, law enforcement or control act, a public-legal act on the establishment of a legal entity - a legal entity or the registration of the state of a natural person, etc.

A review of views and approaches to the understanding of legal activity demonstrates the self-sufficiency and relevance of the subject matter of both general legal theory and sectoral and interdisciplinary legal research. However, this topic has not been exhausted not only because of the large number of conflicting opinions, but also because of the methodological rethinking a) of the legal nature of public power, legal support for the activities of subjects, the legal functions of the State and its mechanism ; b) the restrictive legal imperatives of the institutions; c) the determination of the place and role of public administration, public service; r) the exercise by their subjects of coercive functions and the significance and content of ethical and legal requirements to them. It is self-evident that this problem ignored in curricula and literature on the theory of the State and law, constitutional law and municipal law. The theoretical and practical interest of procedural and legal disciplines, research on law-making, application of the law, law-enforcement activities and legal control must remain an exception.

The analysis of the signs of legal activity of the institutions of power defines it as a system of conscious, volitional, authoritative legal actions, carried out by competent subjects based on the principles and norms of law and aimed at the realization of socially significant goals.

This category has its own substantive specificity for objects and subjects of

activity, which have legally established goals and objectives, which contributes to the formation of a coherent functioning system of legal activity. This reference obliges to define the nature of legal activity with an analysis of its element composition, structure, because it characterized as a «poly-structural» education.

Related is the notion of «legal forms of state activity». The problem make it possible to study it purposefully from the point of view of the functioning of the institutions of power - their legal foundations as an element of the mechanism for the exercise of functions, the legal content of the functions of the state, legal forms of state activity in the exercise of state functions and legal regulation of state functions. This category as a restriction of power (in the context of globalization) studied by the author of article [3, pp. 150-161; 4, pp. 21 -23]. The concept of «legal forms of activity» wins in comparison with the term «legal activity», which focuses on the competence, powers and procedures of power subjects. The distinguishing features of legal forms of activity called its regulation by rules of law; the ability to pull legal consequences; the connection with the creation, implementation, and protection of legal norms.

Scientific sources sometimes equate "legal" with "legal" activities. However, the first definition is broader in scope than «legal activity», since it covers not only the public-power sphere, but also the activities of all subjects of private law. Legal activity can be considered as activity of subjects, if society and the State it is recognized correct and fair, therefore it is also morally justified and is able to create legal consequences. From this point of view, the «legal activity» in society should always be legal and cannot be opposed to it. The activity itself called «legal» because it gives a right, just moral and legal connotation because it expected to evoke in public life. In doing so, the social life that acquires a legal dimension inevitably reproduced as a legal one, as the latter becomes the most acceptable way of the social existence of the individual and the preservation of the integrity of society. Legal, goal-rational ways of satisfying needs become the norm and moral life, due to which formed a separate space, which should be «defined» in a specific way, fixed by rules of conduct and provided by the state as right. In this sense, the right is a protected area of freedom. It is therefore not entirely correct to consider an activity legal only because it meets or does not contradict the requirements of legal norms and enforcement regulations from official legal sources.

Genetically everything happens in reverse. Legal activity is always only positive: semantically «legal» is «correct». To characterize negative deviations in the legal sphere, the word «illegal activity» is acceptable. And from these standpoints the category of «legal activity» covers the whole spectrum of actions of various subjects of law, which are recognized legal (correct and correct) society (in fact) and the state (officially), can independently entail legal consequences. All legal acts of entities in the legal sphere are a more appropriate and appropriate method of satisfying their interests. Legal activity as a kind of socio-cultural, is introduced into the fabric of social life, transforming, organizing and stabilizing public processes.

At the same time, purely legal activities cannot be reduce to a mere legal form. It exists as an independent phenomenon not only in the form of law-making, lawenforcement, law-interpretation, but also in the form of other forms of legal implementation - conclusion of contracts, registration of marriage, payment of

alimony, real estate mortgage, annual paid leave, etc.

The immediate result of the legal activity is the transformation of the non-legal reality into a system of interrelations of subjects of legal relations, in the framework of which a variant of behavior is reproduced based on the principles of justice, prudence, expediency: Conditions for the acquisition of rights and obligations, terms of their use and performance, requirements to the quality of facilities, etc. which makes it legal, which means it's more organized, which means it's controlled and it's guaranteed. Therefore, legal activity in the broad sense is such social activity of subjects of law, which is carried out to meet their needs in a specific spiritual and practical way (mainly in the forms of legal relations) and therefore is recognized by society (in fact) and the state (officially) correct, correct, and if necessary, gives the possibility to make a decision (legal form of activity of authorized subjects) and to produce legally significant consequences.

Thus, legal activity as lawful - a set of actions of all subjects of law, corresponding to the law and aimed at the achievement of its goals. In this sense, it is probably not possible to consider abuse of rights by legal entities in all spheres (labour, electoral, procedural, and family, etc. of law). In the context of the direct application of the Constitution of Ukraine, legal acts will always be recognize as not contradicting the constitutional provisions and constitutional principles of action of all its addressees. As soon as the relationship between the two persons came under consideration by a third party, which settled the dispute, the relationship went from the realm of morality to that of law. In coordination with this legal sense is the activity that gives the possibility of adjudication. In this connection, there is a difference between legal and non-legal in determining the nature of state activities.

The legal nature of the actions of legal subjects in everyday life is often latent. If there is a real need to officially confirm the legal nature of the actions, it is possible to speak about the legal significance of the legal activities. Legal significance is a secondary feature of legal activity. If a legal case is formally adjudicate, it is carried out under the threat of legal coercion. In this case, both socially significant and special-legal goals achieved. Legal activity (its legal forms - law-making, lawenforcement, etc.), being organized through procedural and legal norms, aims to organize all legal activity through the adoption of power decisions both general (standards) and individual (acts of application - control, security, inspection, etc.) of a nature. Bearing in mind the substantive aspect of the legal form of the activity, its purpose and results, it is clear that it differs from other legal activities.

Conclusion

The study of professional legal activity of subjects of authority requires methodological innovations, approaches to disclosure of the concept and its evolution in the context of the relationship of institutions of public power and the legal system, its validity by ethical and legal imperatives.

In carrying out legal activities, it is inadmissible to ignore the factor of moral renaissance and the influence of the control of civil society institutions - territorial communities, associations of citizens, the media, the constitutional institute of public opinion. Generalization of known positions of science about the properties of legal activity allows to distinguish and converge it with related concepts - legal forms of activity, lawful behavior, legally significant behavior of subjects and others - its legal purpose-setting, official-volitional character, competence and professional competence, legal value (legally significant consequences and results), mediated by legal principles and ethical and legal imperatives towards subjects, because a particular legal activity can be ethically neutral in a society of democratic transit. «Etization» of public service, public administration - a reasonable and prospective direction of research of less studied properties of legal activity of subjects of public public public power.

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