Problems of deformation of professional legal consciousness in modern Russia (as exemplified in advocacy)

Abstract

Purpose: The article aims to establish the causes of deformation of professional legal consciousness. The quality and level of development of legal consciousness of an advocate are determined by the degree of protection of human rights and freedoms, as well as by the state of legality and legal order. In view of the above, the fight against the manifestations of deformation of professional legal consciousness is an accute problem of building a legal and social state. Prevention and elimination of professional deformation of an advocate is impossible without establishing the reasons for its occurrence.

Methods: The author relied on general methods of cognition, as well as such private scientific methods as structural and systemic, functional, comparative and legal, statistical, study of empirical material: disciplinary and law enforcement practices.

Results: Some aspects of the nature of the deformation of legal consciousness of an advocate have been investigated, external and internal factors contributing to its appearance have been revealed, as well as the reasons for the formation of this negative phenomenon of legal reality, which have been implemented by example, including the advocacy.

Conclusions: It is noted that circumstances leading to distortions in the professional legal consciousness affect representatives of the legal community equally or almost equally, but only a smaller proportion of them violate the requirements of legal norms and corporate ethics. A natural question arises as to the reasons why the said "anomalies" of the structure of legal consciousness arise in some cases and not in others. The following conclusion is grounded: the "trigger" of professional deformation of both an advocate and any other person is the degradation of the moral structure of the person - individually formed notions of conscience, shame, justice, the measure allowed and so on.