Principle of Liability for Moral and Approval of Professional Employees of Law Enforcement (Legal and Philosophical Reflection)

  • V. Blikhar Doctor of Law, Professor, Head of the Department of Philosophy and Political Science of the Lviv State University of Internal Affairs, Lviv, Ukraine
Keywords: responsibility, employee of law enforcement, society, state, philosophy, law, philosophy of law

Abstract

The article reviewed and systematized the inherent characteristics of the philosophical-legal research the implementation of the principle of responsibility in the moral and professional approval of law enforcement officers. It was found that the term «responsibility» can be viewed in different dimensions, not only as the right category, but as a category of philosophy, ethics, sociology, psychology, political science, and the like. It is noticed that the civilizational dimension of modern professional legal activity actualizes the importance of professionally oriented ethical principles and rules designed to serve the public guarantee of highly moral behavior of law enforcement officials. In the context of the research content standards of professional codes of ethics law turns the legal nature of moral and ethical performance and its identity with the offense, allowing it constituted grounds of legal liability of law enforcement officers. The most important mechanism for highly moral and therefore responsible attitude of law enforcement officers to the service activity and behavior outside of official behavior to serve professional codes of legal ethics. Solving the problem of providing the professional status of moral content, codes of legal ethics formulate ethical standards of professional and personal conduct of law enforcement officers. In this regard, highly moral and responsible behavior we are seen as connected with each concept. The status of moral-ethical action depends on the implementation of legal liability practice in which certain inevitable difficulties associated with the qualification of ethical behavior as a basis for legal liability. Subject meaningful analysis of legal ethics codes to verify that these acts consist of rules that are regulatory in nature. Legal consistency covers the structure of the law, which is represented by a complex combination of dispositions and hypotheses. Thus, the professional activities of the law enforcement system implemented within the relationship and interdependence professionally oriented legal and ethical principles and standards that provide the organic unity of the legal and moral consciousness. To identify the nature of moral and ethical performance and establish its legal identity of the offense appears methodologically appropriate to proceed with the theory offenses. These provisions logically extended to the characterization of moral and ethical act, considered in terms of its legal features of the offense and its composition. Any offense is known, is characterized grounds of illegality. As noted, the rules of legal ethics codes have signs the law. This allows us to evaluate actions that violate the requirements of the Code of Ethics law as illegal. Used in status laws and codes of ethics of the legal normative technical and legal structures somehow express prohibition to commit ethical behavior under threat of disciplinary action. This means that the moral and ethical basis of such an act characterized the offenses as punishment.

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Author Biography

V. Blikhar
Doctor of Law, Professor, Head of the Department of Philosophy and Political Science of the Lviv State University of Internal Affairs, Lviv, Ukraine

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Section
Specific Areas of Legal Philosophy (Ontology, Gnoseology, Anthropology, Praxeology)