The book contains information about the basic concepts and categories of legal ethics as a type of professional ethics. Characterizes the moral foundations of legislation on law enforcement and its application, ethical rules preliminary investigation and implementation of justice, as well as the content of the culture of procedural activity and the moral qualities of a lawyer.
For undergraduates, graduate students, law teachers educational institutions and practicing lawyers, as well as citizens interested in the activities of law enforcement agencies.

Preface

Studying the moral aspects and problems of the profession is necessary for every lawyer, especially in modern conditions when the task of humanizing social and state life, when a person is declared by the Constitution to be the highest value and guarantees of his rights and freedoms are brought to the fore. And the legal profession has as its “object” precisely the person. The activities of a lawyer concern the most important benefits and interests of people, and are often associated with intrusion into their personal lives, and sometimes with the restriction of rights, making decisions that affect a person’s fate.
Meanwhile educational literature, designed to acquire knowledge in the field of legal ethics, is clearly not enough. There is no textbook on legal ethics in the country. Publications devoted to its problems are few and, to a certain extent, do not reflect modern ideas.
This textbook attempts to take into account the experience of teaching a course in legal ethics and in accordance with training programs help students acquire knowledge about the moral essence of the legal profession, the moral requirements for its representatives as professional activity, and in off-duty behavior.

PREFACE 4

CHAPTER I MORALS AND ETHICS: BASIC CONCEPTS
1. MORALITY, ITS FUNCTIONS AND STRUCTURE 4
2. MORALS AND LAW 7
3. ETHICS - THE TEACHING OF MORALITY 8

CHAPTER II CATEGORIES OF ETHICS
1. GOOD AND EVIL 9
2. JUSTICE 11
3. DEBT 12
4. CONSCIENCE 12
5. RESPONSIBILITY 13
6. DIGNITY AND HONOR 13
7. HUMANISM AS AN ETHICAL PRINCIPLE 14

CHAPTER III LEGAL ETHICS - A TYPE OF PROFESSIONAL ETHICS
1. CONCEPT AND TYPES OF PROFESSIONAL ETHICS 15
2. FEATURES OF THE PROFESSION OF A LAWYER AND THEIR MORAL IMPORTANCE 16
3. JUDICIAL ETHICS, ITS CONTENT AND IMPORTANCE 17

CHAPTER IV MORAL FOUNDATIONS OF LEGISLATION ON JUSTICE AND LAW ENFORCEMENT
1. MORAL CONTENT OF CONSTITUTIONAL NORMS ON JUSTICE AND LAW ENFORCEMENT 19
2. MORAL PRINCIPLES AND STANDARDS IN MATERIAL LAW 22
3. MORAL CONTENT OF CRIMINAL PROCEDURE LEGISLATION 25
4. LEGAL AND MORAL RELATIONS IN CRIMINAL PROCEDURES 28
5. RELATIONSHIP OF OBJECTIVES AND MEANS IN CRIMINAL PROCESS 31

CHAPTER V MORAL PRINCIPLES OF CRIMINAL PROCEDURE EVIDENCE
1. ESTABLISHING THE TRUTH IN A CRIMINAL CASE AS A MORAL GOAL OF EVIDENCE 33
2. PRESUMPTION OF INNOCENCE AND THE DUTY OF PROOF IN THE MORAL ASPECT 35
3. THE MORAL SIGNIFICANCE OF EVALUATING EVIDENCE BY INTERNAL CONVINCTION 36
4. ETHICAL BASIS FOR THE USE OF CERTAIN TYPES OF EVIDENCE 38

CHAPTER VI ETHICS OF PRELIMINARY INVESTIGATION
1. GENERAL MORAL REQUIREMENTS FOR THE ACTIVITIES OF AN INVESTIGATOR 41
2. ETHICS OF INVESTIGATIVE ACTIONS 45

CHAPTER VII MORAL PRINCIPLES OF THE IMPLEMENTATION OF JUSTICE
1. MORAL REQUIREMENTS FOR THE ACTIVITIES OF THE JUDICIARY 53
2. ROLE OF THE JUDGE PRESIDING THE CASE IN ENSURING THE MORAL CHARACTER OF THE CASE PROCEEDINGS 55
3. MORAL CONTENT OF VERDICT AND OTHER COURT DECISIONS 61

CHAPTER VIII ETHICS OF JUDICIAL DEBATES
1. MORAL SIGNIFICANCE OF JUDICIAL DEBATES 64
2. ETHICS OF THE PROSECUTOR’S SPEECH 653. ETHICS OF THE DEFENDER’S SPEECH 69

CHAPTER IX CULTURE OF PROCEDURAL ACTIVITY
1. CONCEPT AND CONTENT OF THE CULTURE OF PROCEDURAL ACTIVITY 71
2. CULTURE OF CRIMINAL PROCEEDINGS 73
3. CULTURE OF PROCEDURAL DOCUMENTS 74
4. COURT ETIQUETTE 76

CHAPTER X MORAL QUALITIES OF A LAWYER
1. MORAL AND PSYCHOLOGICAL QUALITIES OF A JUDGE, INVESTIGATOR, PROSECUTOR 78
2. CODE OF HONOR OF JUDGES OF THE RUSSIAN FEDERATION AND RULES OF CONDUCT FOR LAWYERS IN PROFESSIONAL AND EXTRA-OFFICIAL ACTIVITIES 81

Format: DOC
Russian language

A. S. Koblikov

Legal ethics

Ministry of General and Vocational Education Russian Federation as a textbook for students of higher educational institutions studying in the specialty "Jurisprudence"

Publishing group NORMA - INFRA M

Moscow, 1999

About the author:

Alexander Semenovich Koblikov - Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the RSFSR, author of more than 200 published works in the field of criminal procedure and ethical science, member of the Scientific Advisory Council at Supreme Court Russian Federation. Participated in the development of the current Code of Criminal Procedure. He teaches at the Military University and other educational institutions.

Koblikov A. S. Legal ethics. Textbook for universities. - K-55 M., Publishing group NORMA - INFRA M, 1999. - 168 p.

ISBN 5-89123-276-6 (NORM)

ISBN 5-86225-840-Х (INFRA M)

The book contains information about the basic concepts and categories of legal ethics as a type of professional ethics. The moral foundations of law enforcement legislation and its application, the ethical rules of preliminary investigation and administration of justice, as well as the content of the culture of procedural activity and the moral qualities of a lawyer are characterized.

For students, graduate students, teachers of law schools and practicing lawyers, as well as citizens interested in the activities of law enforcement agencies.

Preface

Studying the moral aspects and problems of the profession is necessary for every lawyer, especially in modern conditions, when the task of humanizing public and state life is set, when a person is declared by the Constitution to be the highest value and guarantees of his rights and freedoms are brought to the fore. And the legal profession has as its “object” precisely the person. The activities of a lawyer concern the most important benefits and interests of people, and are often associated with intrusion into their personal lives, and sometimes with the restriction of rights, making decisions that affect a person’s fate.

Meanwhile, educational literature designed to acquire knowledge in the field of legal ethics is clearly insufficient. There is no textbook on legal ethics in the country. Publications devoted to its problems are few and, to a certain extent, do not reflect modern ideas.

This textbook makes an attempt, taking into account the experience of teaching a course in legal ethics and in accordance with the curriculum, to help students acquire knowledge about the moral essence of the legal profession, the moral requirements for its representatives both in professional activities and in off-duty behavior.

Chapter I Morals and Ethics: Basic Concepts

1. Morality, its functions and structure

Morality(from the Latin moralis - moral; mores - morals) is one of the ways of normative regulation of human behavior, a special form of social consciousness and a type of social relations. There are a number of definitions of morality that highlight certain of its essential properties *.

* Among the many sources on this subject, see in particular: Drobnitsky O. G. The concept of morality. M., 1974; Social essence, structure and functions of morality M., 1977; Marxist ethics: Textbook for universities/Under general. ed. A. I. Titarenko. M., 1980; Anisimov S. F. Morals and behavior. M., 1985; Huseynov A. A. Introduction to ethics. M., 1985.

Morality is one of the ways to regulate the behavior of people in society. It is a system of principles and norms that determine the nature of relations between people in accordance with the accepted in a given society concepts of good and evil, fair and unfair, worthy and unworthy. Compliance with moral requirements is ensured by the power of spiritual influence, public opinion, inner conviction, and the conscience of a person.

The peculiarity of morality is that it regulates the behavior and consciousness of people in all spheres of life (production activities, everyday life, family, interpersonal and other relationships). Morality also extends to intergroup and interstate relations.

Moral principles have universal significance, embrace all people, and consolidate the foundations of the culture of their relationships, created in the long process of historical development of society.

Every act and behavior of a person can have a variety of meanings (legal, political, aesthetic, etc.), but its moral side, moral content is assessed on a single scale. Moral norms are daily reproduced in society by the power of tradition, the power of a generally recognized and supported discipline, and public opinion. Their implementation is controlled by everyone.

Responsibility in morality has a spiritual, ideal character (condemnation or approval of actions), appears in the form of moral assessments that a person must realize, internally accept and accordingly direct and correct his actions and behavior. Such an assessment must correspond to general principles and norms, accepted by all concepts of what is due and what is not due, what is worthy and what is unworthy, etc.

Morality depends on the conditions of human existence, the essential needs of man, but is determined by the level of social and individual consciousness. Along with other forms of regulating the behavior of people in society, morality serves to harmonize the activities of many individuals, transforming them into aggregate mass activity, subject to certain social laws.

When exploring the question of the functions of morality, they distinguish regulatory, educational, cognitive, evaluative-imperative, orienting, motivational, communicative, prognostic and some other functions *. Of primary interest to lawyers are such functions of morality as regulatory and educational.

* Cm.: Arkhangelsky L. M. Course of lectures on Marxist-Leninist ethics. M., 1974. P.37-46.

The regulatory function is considered the leading function of morality. Morality guides and corrects a person’s practical activities from the point of view of taking into account the interests of other people and society. At the same time, the active influence of morality on social relations is carried out through individual behavior.

The educational function of morality is that it participates in the formation of the human personality and its self-awareness. Morality contributes to the formation of views on the purpose and meaning of life, a person’s awareness of his dignity, duty to other people and society, the need to respect the rights, personality, and dignity of others. This function is usually characterized as humanistic. It influences the regulatory and other functions of morality.

Morality is viewed and how special form social consciousness, both as a type of social relations, and as norms of behavior operating in society that regulate human activity - moral activity *.

* See: Philosophical Encyclopedia: In 5 volumes. T. 3. M., 1964. P. 499; Philosophical encyclopedic dictionary. M., 1983. S. 387-388.

Moral consciousness is one of the elements of morality, representing its ideal, subjective side. Moral consciousness prescribes certain behaviors and actions to people as their duty. Moral consciousness evaluates various phenomena of social reality (an act, its motives, behavior, lifestyle, etc.) from the point of view of compliance with moral requirements. This assessment is expressed in approval or condemnation, praise or blame, sympathy and dislike, love and hatred. Moral consciousness is a form of social consciousness and at the same time the area of individual consciousness of the individual. In the latter, an important place is occupied by a person’s self-esteem, associated with moral feelings (conscience, pride, shame, repentance, etc.).

Morality cannot be reduced only to moral (moral) consciousness. ; "

Speaking against the identification of morality and moral consciousness, M. S. Strogovich wrote: “Moral consciousness is views, beliefs, ideas about good and evil, about worthy and unworthy behavior, and morality is the social norms operating in society that regulate actions and behavior people, their relationships" *.

* Problems of judicial ethics/Ed. M.S. Strogovich. M., 1974. P. 7.

Moral relations arise between people in the process of their activities that have a moral character. They differ in content, form, method social connection between subjects. Their content is determined by to whom and what moral responsibilities a person bears (to society as a whole; to people united by one profession; to a team; to family members, etc.), but in all cases a person ultimately finds himself in the system of moral relations both to society as a whole and to oneself as its member. In moral relations, a person acts both as a subject and as an object of moral activity. Thus, since he bears responsibilities to other people, he himself is a subject in relation to society, social group etc., but at the same time he is also an object of moral duties for others, since they must protect his interests, take care of him, etc.

Moral activity represents the objective side of morality *. We can talk about moral activity when an act, behavior, and their motives can be assessed from the standpoint of distinguishing between good and evil, worthy and unworthy, etc. The primary element of moral activity is an act (or misdeed), since it embodies moral goals, motives or orientations . An action includes: motive, intention, purpose, action, consequences of the action. The moral consequences of an action are a person’s self-esteem and evaluation by others.

* See: Philosophical Encyclopedia. T. 4. P. 100; Anisimov S. F. Decree. op.

The totality of a person’s actions that have moral significance, performed by him over a relatively long period in constant or changing conditions, is usually called behavior. A person's behavior is the only objective indicator of his moral qualities, moral character.

Moral activity characterizes only actions that are morally motivated and purposeful. The decisive thing here is the motives that guide a person, their specifically moral motives: the desire to do good, to realize a sense of duty, to achieve a certain ideal, etc.

In the structure of morality, it is customary to distinguish between the elements that form it. Morality includes moral norms, moral principles, moral ideals, moral criteria, etc.

Moral norms are social norms that regulate a person’s behavior in society, his attitude towards other people, towards society and towards himself. Their implementation is ensured by the power of public opinion, internal conviction based on the ideas accepted in a given society about good and evil, justice and injustice, virtue and vice, due and condemned.

Moral norms determine the content of behavior, how it is customary to act in a certain situation, that is, the morals inherent in a given society or social group. They differ from other norms operating in society and performing regulatory functions (economic, political, legal, aesthetic) in the way they regulate people’s actions. Morals are daily reproduced in the life of society by the power of tradition, the authority and power of a generally recognized and supported discipline, public opinion, and the conviction of members of society about proper behavior under certain conditions.

In contrast to simple customs and habits, when people act in the same way in similar situations (birthday celebrations, weddings, farewell to the army, various rituals, habit of certain work activities, etc.), moral norms are not simply fulfilled due to the established generally accepted order, but find ideological justification in a person’s ideas about proper or inappropriate behavior, both in general and in a specific life situation.

The formulation of moral norms as reasonable, appropriate and approved rules of behavior is based on real principles, ideals, concepts of good and evil, etc., operating in society.

The fulfillment of moral norms is ensured by the authority and strength of public opinion, the subject’s consciousness of what is worthy or unworthy, moral or immoral, which determines the nature of moral sanctions.

A moral norm is, in principle, designed for voluntary fulfillment. But its violation entails moral sanctions, consisting of a negative assessment and condemnation of a person’s behavior, and directed spiritual influence. They mean a moral prohibition to commit similar acts in the future, addressed both to a specific person and to everyone around him. Moral sanction reinforces the moral requirements contained in moral norms and principles.

Violation of moral norms may entail, in addition to moral sanctions, sanctions of a different kind (disciplinary or provided for by the norms of public organizations). For example, if a serviceman lied to his commander, then this dishonest act will be followed by an appropriate reaction in accordance with the degree of its severity on the basis of military regulations.

Moral norms can be expressed both in a negative, prohibitive form (for example, the Mosaic Laws - the Ten Commandments formulated in the Bible) and in a positive form (be honest, help your neighbor, respect your elders, take care of honor from a young age, etc.).

Moral principles are one of the forms of expression of moral requirements, in the most general form revealing the content of morality existing in a particular society. They express fundamental requirements concerning the moral essence of a person, the nature of relationships between people, determine the general direction of human activity and underlie private, specific norms of behavior. In this regard, they serve as criteria of morality.

If a moral norm prescribes what specific actions a person should perform and how to behave in typical situations, then the moral principle gives a person a general direction of activity.

Moral principles include such general principles of morality as humanism - recognition of man as the highest value; altruism - selfless service to one's neighbor; mercy - compassionate and active love, expressed in readiness to help everyone in need; collectivism - a conscious desire to promote the common good; rejection of individualism - the opposition of the individual to society, all sociality, and egoism - preference of one's own interests to the interests of all others.

In addition to the principles that characterize the essence of a particular morality, there are so-called formal principles that relate to the methods of fulfilling moral requirements. Such, for example, are consciousness and its opposites, formalism, fetishism, fatalism, fanaticism, and dogmatism. Principles of this kind do not determine the content of specific norms of behavior, but also characterize a certain morality, showing how consciously moral requirements are fulfilled.

Moral ideals - concepts moral consciousness, in which the moral demands placed on people are expressed in the form of an image of a morally perfect personality, an idea of a person who embodies the highest moral qualities.

The moral ideal was understood differently at different times, in different societies and teachings. If Aristotle saw moral ideal in a person who considers the highest virtue to be the self-sufficient contemplation of truth, detached from the worries and anxieties of practical activity, then Immanuel Kant (1724-1804) characterized the moral ideal as a guide for our actions, “the divine man within us” with whom we compare ourselves and improve , never, however, being able to become on the same level with him. The moral ideal is defined in its own way by various religious teachings, political movements, and philosophers.

The moral ideal accepted by a person indicates the ultimate goal of self-education. The moral ideal accepted by public moral consciousness determines the purpose of education and influences the content of moral principles and norms.

We can also talk about a public moral ideal as an image of a perfect society built on the requirements of the highest justice and humanism.

V.M. Lebedev. In memory of Professor A.S. Koblikova. . . . . . . . . . . . . . . . 3
A.I. Trusov. I'm still grateful to him. . . . . . . . . . . . . . . . . . . 9
P.A. Lupinskaya. A word about Professor Alexander Semenovich Koblikov
(to the textbook for universities "Legal Ethics"). . . . . . . . . . . . . . . . . .13
N.V. Radutnaya. In memory of an outstanding friend. . . . . . . . . . . . . . . . . . .18
Legal ethics
From the publisher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Preface to the first edition. . . . . . . . . . . . . . . . . . . . . . . . 24
Chapter I. Morals and ethics: basic concepts. . . . . . . . . . . . . . . . . . 25
§ 1. Morality, its functions and structure. . . . . . . . . . . . . . . . . . . . . 25
§ 2. Morality and law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
§ 3. Ethics - the doctrine of morality. . . . . . . . . . . . . . . . . . . . . . . . .33
Chapter II. Categories of ethics. . . . . . . . . . . . . . . . . . . . . . . . . . 35
§ 1. Good and evil. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
§ 2. Justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
§ 3. Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
§ 4. Conscience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
§ 5. Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
§ 6. Dignity and honor. . . . . . . . . . . . . . . . . . . . . . . . . . .42
§ 7. Humanism as an ethical principle. . . . . . . . . . . . . . . . . . . . . 44
Chapter III. Legal ethics is a type of professional ethics. . . . . . . . . . 46
§ 1. Concept and types of professional ethics. . . . . . . . . . . . . . . . . .46
§ 2. Features of the legal profession and its moral significance. . . . . . . . .48
§ 3. Judicial ethics, its content and significance. . . . . . . . . . . . . . . . 52
Chapter IV. Moral foundations of legislation on justice

§ 1. Moral content of constitutional norms on justice
and law enforcement activities. . . . . . . . . . . . . . . . . . . . . . 56
§ 2. Moral principles and norms in substantive law. . . . . . . . . . . 62
§ 3. Moral content of criminal procedure legislation. . . .67
§ 4. Legal and moral relations in criminal proceedings. . . . . . . . . 77
§ 5. The relationship between ends and means in criminal proceedings. . . . . . . . . . . . 83
Chapter V. Moral principles of criminal procedural evidence. . . . . . 88
§ 1. Establishing the truth in a criminal case as a moral goal
proof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
§ 2. Presumption of innocence and the duty of proof in moral matters
aspect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
§ 3. The moral significance of evaluating evidence based on inner conviction. . .93
§ 4. Ethical basis for the use of certain types of evidence. . . . . . 96
Chapter VI. Ethics of preliminary investigation. . . . . . . . . . . . . . . . . 103
§ 1. General moral requirements for the activities of an investigator. . . . . . . .103
§ 2. Ethics of investigative actions. . . . . . . . . . . . . . . .113
Chapter VII. Moral principles of the administration of justice. . . . . . . . . . .128
§ 1. Moral requirements for the activities of the judiciary. . . . . . . . .128
§ 2. The role of the judge presiding over the case in ensuring moral
the nature of the proceedings. . . . . . . . . . . . . . . . . . . . . . . 131
§ 3. The moral content of the verdict and other court decisions. . . . . . . . 144
Chapter VIII. Ethics of judicial debate. . . . . . . . . . . . . . . . . . . . . .150
§ 1. The moral significance of judicial debates. . . . . . . . . . . . . . . . . 150
§ 2. Ethics of the prosecutor's accusatory speech. . . . . . . . . . . . . . . . . . .152
§ 3. Ethics of speech of the defender. . . . . . . . . . . . . . . . . . . . . . . . . .157
Chapter IX. The culture of procedural activity. . . . . . . . . . . . . . . 162
§ 1. The concept and content of the culture of procedural activity. . . . . . . 162
§ 2. Culture of criminal proceedings. . . . . . . . . . . . . . . .165
§ 3. Culture of procedural documents. . . . . . . . . . . . . . . . . . .168
§ 4. Judicial etiquette. . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Chapter X. Moral qualities of a lawyer. . . . . . . . . . . . . . . . . . . .176
§ 1. Moral and psychological qualities of a judge, investigator, prosecutor. . .176
§ 2. Code of Judicial Ethics and Rules of Conduct for Lawyers in the Professional Practice
and extra-curricular activities. . . . . . . . . . . . . . . . . . . . . . . . .181
Military courts of Russia
From the publisher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .191
Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Section I. Current legislation of the Russian Federation on military courts.195
Chapter 1. Tasks of military courts of the Russian Federation. Legal regulation
organization and activities of military courts of the Russian Federation. . . . . . . .196
§ 1. Tasks of the military courts of the Russian Federation. . . . . . . . . . . . . . . 196
§ 2. Judicial power exercised by military courts of the Russian Federation. .198
§ 3. Principles of organization and activities of Russian military courts. . . . . . . .204
§ 4. System and powers of military courts of the Russian Federation. . . . . . . . 210
§ 5. Jurisdiction of cases by military courts of Russia. . . . . . . . . . . . . . . . . .216
Chapter II. Status of judges, people's assessors and jurors, staff members
military courts and the Military Collegium of the Supreme Court of the Russian Federation. . . .220
§ 1. Features of the status of judges of military courts and the Military Collegium of the Supreme
Ships of the Russian Federation. . . . . . . . . . . . . . . . . . . . . . . . . .220
§ 2. Status of people's and jurors of military courts and the Military Collegium
Supreme Court of the Russian Federation. . . . . . . . . . . . . . . . . . . . 232
§ 3. Powers of judges of military courts and judges of the Military Collegium of the Supreme Court
Russian Federation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
§ 4. Rights and obligations of employees of military courts and apparatus
Military Collegium of the Supreme Court of the Russian Federation. . . . . . . . . . . .239
Section II. Development of domestic legislation on military courts. . . . .243
Chapter I. Formation and development of Russian military courts since the reforms of Peter I
and up to October revolution 1917. . . . . . . . . . . . . . . . . . . . 242
Chapter II. Soviet legislation on military tribunals and courts. . . . . .256

A. S. Koblikov

Legal ethics

Ministry of General and Professional Education of the Russian Federation as a textbook for students of higher educational institutions studying in the specialty "Jurisprudence"

Publishing group NORMA - INFRA M

Moscow, 1999

About the author:

Alexander Semenovich Koblikov - Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the RSFSR, author of more than 200 published works in the field of criminal procedure and ethical science, member of the Scientific Advisory Council of the Supreme Court of the Russian Federation. Participated in the development of the current Code of Criminal Procedure. He teaches at the Military University and other educational institutions.

Koblikov A. S. Legal ethics. Textbook for universities. - K-55 M., Publishing group NORMA - INFRA M, 1999. - 168 p.

ISBN 5-89123-276-6 (NORM)

ISBN 5-86225-840-Х (INFRA M)

For students, graduate students, teachers of law schools and practicing lawyers, as well as citizens interested in the activities of law enforcement agencies.

Preface

Chapter I Morals and Ethics: Basic Concepts

1. Morality, its functions and structure

*Among many sources on this subject, see in particular: Drobnitsky O. G. The concept of morality. M., 1974; Social essence, structure and functions of morality M., 1977; Marxist ethics: Textbook for universities/Under general. ed. A. I. Titarenko. M., 1980; Anisimov S. F. Morals and behavior. M., 1985; Huseynov A. A. Introduction to ethics. M., 1985.

*Cm.: Arkhangelsky L. M. Course of lectures on Marxist-Leninist ethics. M., 1974. P.37-46.

Morality is considered both as a special form of social consciousness, and as a type of social relations, and as norms of behavior operating in society that regulate human activity - moral activity *.

*See: Philosophical Encyclopedia: 5 vols. T. 3. M., 1964. P. 499; Philosophical encyclopedic dictionary. M., 1983. S. 387-388.

Morality cannot be reduced only to moral (moral) consciousness. ; "

* Problems of judicial ethics/Ed. M.S. Strogovich. M., 1974. P. 7.

Moral relations arise between people in the process of their activities that have a moral character. They differ in content, form, and method of social communication between subjects. Their content is determined by to whom and what moral responsibilities a person bears (to society as a whole; to people united by one profession; to a team; to family members, etc.), but in all cases a person ultimately finds himself in the system of moral relations both to society as a whole and to oneself as its member. In moral relations, a person acts both as a subject and as an object of moral activity. Thus, since he bears duties to other people, he himself is a subject in relation to society, a social group, etc., but at the same time he is an object of moral duties for others, since they must protect his interests, take care of him, etc. d.

*See: Philosophical Encyclopedia. T. 4. P. 100; Anisimov S. F. Decree. op.

The totality of a person’s actions that have moral significance, performed by him over a relatively long period in constant or changing conditions, is usually called behavior. A person’s behavior is the only objective indicator of his moral qualities and moral character.

In the structure of morality, it is customary to distinguish between the elements that form it. Morality includes moral norms, moral principles, moral ideals, moral criteria, etc.

The formulation of moral norms as reasonable, appropriate and approved rules of behavior is based on real principles, ideals, concepts of good and evil, etc., operating in society.

If a moral norm prescribes what specific actions a person should perform and how to behave in typical situations, then the moral principle gives a person a general direction of activity.

Moral ideals - concepts of moral consciousness, in which the moral demands placed on people are expressed in the form of an image of a morally perfect personality, an idea of a person who embodies the highest moral qualities.

The moral ideal was understood differently at different times, in different societies and teachings. If Aristotle saw the moral ideal in a person who considers the highest virtue to be self-sufficient, detached from the worries and anxieties of practical activity, the contemplation of truth, then Immanuel Kant (1724-1804) characterized the moral ideal as a guide for our actions, “the divine man within us,” with which we compare ourselves and improve, but never being able to become on the same level as him. The moral ideal is defined in its own way by various religious teachings, political movements, and philosophers.

We can also talk about a public moral ideal as an image of a perfect society built on the requirements of the highest justice and humanism.