Journal of Siberian Federal University. Humanities & Social Sciences / Corruption as Legal Consciousness Transformation (Social-Philosophic Aspect)

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2015 8 (6)
Authors
Kuz’, Stanislav V.
Contact information
Kuz’, Stanislav V.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; E-mail:
Keywords
corruption; legal consciousness; legal consciousness transformation; social life institutionalization; social control; civil society
Abstract

The urgency of the present article is connected to the fact that, starting to threat the security of the country, corruption is becoming a major problem in more than just legal context. The author proves that the research of corruption origin is impossible without consideration of the social-philosophic factor. The article reveals the social-philosophic origins of corrupt practices. The author pays special attention to the peculiarities of corrupt consciousness in Russia. He proves that such antisocial deeds are mainly caused by the transformation of legal awareness which has been a historical process happening in Russia. Along with that, the article demonstrates the ways to decrease the problem of corruption which is, to a large extent, determined by legal acculturation of Russian citizens. The article emphasizes the fact that for efficient corruption therapy on the highest level of legal technique, the law must be steadily and accurately observed, as any law is sustainable only if observed by everyone and everywhere. That is why even stand-alone cases of corruption discredit the concept of the state of law itself. Corruption is also determined by the fact that the specificity of the connection between each form of social consciousness and the law does not mean the absence of any common ways and methods of interaction, which would give us a reason to stipulate the correlation of social consciousness as a unity of multiple forms to the law and legal order. In the analysis of peculiarities of corrupt thinking and behaviour in our country the principal role is played by the discussion about the types of society, intended to reveal the reasons for finding theorizing specificity for each social type. The necessity for outlining types of society and distinguishing between them is also determined by social practice, when modern Russian reality is being imposed the dominating spiritual and social values proven positive in the Western life, with the neglect and diminution of its proprietary social experience. Studying the corruption issues one should remember that interaction of an individual with a new social medium happens only with support of their existing knowledge and previous experience of social and legal behaviour. This process is accompanied by the continuous analysis of the new social demands, comparison of the new demands to the previous concepts and mindsets. In its content, legal consciousness of an individual may be on the same dimension level with that of the collective, but may be significantly different. The only real counteraction against corruption is a healthy everyday life of a collective of individuals, filled with great spiritual sense and positive social intentions. It is explained by the fact that a society can successfully perform its positive incentive function to make an impact on the legal consciousness of its members, shaping a firm social and legal position in their minds.The author arrives at the conclusion that the presence of appropriate social conditions may act as the basis for both corrupt consciousness formation and counteraction against it, creation of an uncompromising anticorruption climate, thereby forming new relationships within the corruptionproof generation

Pages
1195-1205
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/16880

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