The category of duty is official and moral duty. Duty, honor and dignity are moral guidelines in the performance of an internal affairs officer. Office etiquette of a lawyer
Duty 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 subjective 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 law enforcement officers 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 must 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 a clear form to the idea 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 willingness 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 official 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, duty is not so much a wish as a requirement of the state and society. The moral content of the 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 all 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 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. Internal readiness to follow the requirements of the Oath, statutes, one's leaders, perceived as an internal motivation, is the highest measure of responsibility, the readiness to fulfill professional duty not under duress, 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 a 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.
Duty is one of the main categories of ethics, expressing social necessity in the form of certain moral requirements for the individual and the individual for society.
Category of debt- one of the most important in ethics in general and among the categories of professional ethics in particular. 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. The sphere of morality is, with good reason, called the sphere of due. Be kind, be honest, be fair. Be! In debt, as in no other category, the imperative motive moment is strong. He not only clearly formulates the idea itself, but also gives it an imperative character: he 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.
Debt includes:
Virtue;
Opposition to evil;
Contribute to the good of others.
An area in which the category of debt has received particularly great recognition has long been the areas of military and law enforcement activities. It was there that duty, real or imaginary, was used and is being used as an extremely effective force that moves people. Therefore, when pursuing narrowly pragmatic or careeristic goals, there is often a temptation to demagogically manipulate this category. To figure out where the duty is true and where the false is not so simple.
call of duty law enforcement officer, 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 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 the justice and righteousness of the cause you serve.
The duty of a law enforcement officer is a high and honorable duty arising from the objective needs of protecting the individual, society and the state, consecrated by state legal requirements and internal moral motives.
moral duty 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: conscientiousness and responsibility of employees in the performance of the tasks assigned to them to strengthen the rule of law, protect the security of the state and society, the rights and freedoms of its citizens; the readiness and ability of each employee to realize the requirements of moral duty, their place and role in the common cause, to determine their internal attitude towards duty, to make high demands on themselves.
Certain tasks of law enforcement become voluntary and purposeful activities, as they are perceived by employees as fair and true. The internal motive is organically included in the very essence of the moral duty of each law enforcement officer as a source of his moral strength.
It should be noted that the requirements of public duty are the same for all members of society. However, the work of law enforcement officers is special. The specificity of the debt requirements is due to the nature of the tasks facing employees, the characteristics of the organization, the uniqueness of the conditions in which their activities take place. This organization requires special responsibility, organization and tension of moral and physical strength.
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 of civil life, i.e. are largely deontological in nature. Therefore, duty is not so much a wish as a requirement of the state and society, and his orders must be fulfilled. The moral content of the debt is supported by legal requirements that have the force of law. Through the moral basis of duty, high qualities are revealed - diligence and reasonable initiative, dedication and courage, dignity and honor, an active attitude to public duties.
All relationships that directly express and reinforce professional duty have moral and legal authority. Departure from the norms of morality, as a rule, is always at the same time a violation of legal norms. The requirements of a legally formalized professional duty, expressed in the Oath, statutes, instructions, instructions, contain both a moral assessment and a legal norm. 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 are devoid of legal responsibility.
The concept of duty, first of all, reveals the relationship between the individual and society. The personality acts as an active bearer of certain moral obligations to society, which it realizes and implements in its activities. The category of duty is very closely connected with such concepts as responsibility, self-consciousness.
The interpretation of the nature and origin of debt has been one of the most difficult problems in the history of ethics. The basis and source of duty was seen either in the divine commandments, or in the a priori moral law (Kant), or in human nature itself, in the "natural" desire of man for pleasure. They tried to say in different ways who, in the final analysis, is entitled to determine the content of the debt: society - socially approbative theories, God - religious theories, conscience - Fichte, moral feeling - theories of moral feeling. Consequently, the authority of one kind or another was declared the basis of duty, but thereby the question of the content of moral duty was deprived of meaning. Duty presupposes responsibility in people, the ability to step over a personal “I want” for the sake of a high responsible “must”.
The apologist for duty was Kant, who became pathetic when speaking about duty: “Duty! You are an exalted, great word, there is nothing pleasant in you that would flatter people, you demand submission, although in order to stimulate the will, you do not threaten with what inspired it would be a natural disgust in the soul and frightening; you only establish a law that penetrates the soul of itself and even against the will can gain respect for itself (although not always execution); all inclinations fall silent before you, even if they secretly oppose you, - where is your source worthy of you and where are the roots of your noble origin, proudly rejecting any kinship with inclinations, and where do the necessary conditions for that dignity that only people can give you come from? It can only be that which elevates a person above himself ( as part of the sensuously perceived world), which connects it with the order of things, which only the mind can think and to which, at the same time, the entire sensually perceived world is subordinated. th world, and with it - the empirically determined existence of a person in time and the totality of all goals ... This is nothing more than a person.
F. Nietzsche rebelled against Kant's rigorism, in which "law" dominated both the phenomena of the external world and the human soul. According to the author of the Genealogy of Morals, the concept of debt historically arose from the relationship of the creditor and the debtor. In case of non-payment of the debt, the creditor gains power over the debtor, which turns out to be more than the power of a simple demand for payment of the debt. Moral superiority serves as a kind of compensation that the creditor receives if the debt is not returned to him. By forgiving a debt, showing mercy, the creditor enjoys the humiliation of the debtor.
37. The concept of honor. Shame and honor: the nature and content of concepts.
Determining the specific content of duty, it is necessary to consider its relationship with two more categories: honor and dignity. The moral value of a person, expressed in the concept of "honor", is associated with a specific social position of a person, with the type of his activity and the social roles he performs. The content of the concept of "honor" is revealed in the requirements for behavior, lifestyle and actions of a person, which public morality imposes on a person as a member of a certain group, as a bearer of social functions. Hence the set of specific requirements for the behavior of a man, a woman, a doctor - a man's honor, a woman's, a professional one.
According to A. Schopenhauer, honor is an external conscience, and conscience is an internal honor. Honor is the public opinion of our value, our fear of this opinion. So, for example, the concept of official or professional honor is directly related to the opinion that a person holding a position really has all the necessary data for this and always accurately fulfills his official duties.
Historically, the concept of honor arose in the moral consciousness of society in the form of ideas about tribal and estate honor, in the form of aggregate requirements prescribing a certain way of life, a course of action. Violation, deviation from the way of life prescribed by public morality was assessed sharply negatively, caused a feeling of shame and disgrace and therefore was interpreted as unworthy behavior, the consciousness of honor manifested itself especially clearly in the morality of feudal society, which was distinguished by a rigid estate structure and detailed regulation of the way of life of each social group. The dignity of a person in this morality, including self-esteem, was determined by how strictly a person observed these social norms of morality.
TEST
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 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 the moments of the individual's awareness of his social significance and the 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, the highest degree of 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 all 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 leaders, perceived as an internal motivation, is the highest measure of responsibility, 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.
In recent years, the island has 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 observance of 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 of the 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. 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
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 education 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 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, or to biology, or to psychology, or to 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 in Ancient Greece, 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 “ripening” 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, higher moral requirements are imposed on the figures of justice and those who conduct investigations and carry out criminal prosecution. 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 connivance with 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 should be possessed not only by an employee of the internal affairs bodies, but also by 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 a 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 social obligations assigned by the state to legal workers are perceived as fair and true, they are recognized by them as personal deep needs and beliefs, 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 the 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 official 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: legality and moral assessment by public opinion, people for whose safety and tranquility this service exists (Code of honor for ordinary and commanding staff of 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 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, 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
actions 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.
Basic moral requirements for the professional activities of law enforcement officers: ideological conviction, personal discipline, legality, continuous improvement 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 science, 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 spheres of life and activity and is manifested in self-control, 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 comply with all the regulations governing official activities.
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 of 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 of a high level of 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 humane treatment of 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 on the general provisions of the 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 the workers of the legal profession, 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.
