KUPTSOVA O. V., LAVRUSHKINA A. A. CONFLICTS IN LAW ENFORCEMENT ACTIVITIES AND ETHICAL AND LEGAL BASIS FOR THEIR PREVENTION
Annotation. Intrapersonal and interpersonal conflicts are considered, as well as a conflict between an individual and a group, the subjects of which are law enforcement officers. An analysis of the norms of legislation and ethical codes, which are the basis for preventing contradictions in the law enforcement sphere, is given. The psychological and moral prerequisites for preventing conflicts involving human rights activists are noted.
Key words: professional ethics, conflict, conflict prevention, law enforcement.
KUPTSOVA O.V., LAVRUSHKINA A.A.
CONFLICTS IN LAW ENFORCEMENT ACTIVITIES AND ETHICAL AND LEGAL GROUNDS OF THEIR PREVENTION
abstract. The article considers intrapersonal and interpersonal conflicts as well as conflicts between the individual and the group in which law enforcement officials are typically involved. The authors analyze the legislation and codes of ethics as bases of preventing conflicts in law enforcement. The study results into identifying psychological and moral prerequisites for conflict prevention with the participation of human rights defenders.
Keywords: professional ethics, conflict, conflict prevention, law enforcement activities.
Conflict as a clash of interests of individuals, social groups and communities is an integral element of reality. In relation to the law enforcement sphere, it should be considered as a confrontation that arises in the course of the activities of specialized organizations in order to protect the interests, rights and freedoms of man and citizen, public order in the state. The main task of a lawyer (prosecutor, judge, investigator, etc.) is to eliminate the conflict on the basis of the law.
As a rule, a lawyer acts as an intermediary in resolving disputes in the exercise of his professional functions in the field of law enforcement. The reasons for the confrontation do not concern the employee himself, his personal interests - he participates only in the settlement of the conflict, fulfilling his
professional task. However, the main (as a subject, the main participant) participation of a human rights activist in the conflict is also possible.
In science, it is customary to distinguish three types of social confrontations according to the subject covered: intrapersonal, interpersonal conflicts and conflict between the individual and the group.
Intrapersonal conflict directly affects the personality of a law enforcement officer, his inner world, emotions, legal consciousness, beliefs, value orientations. Such a conflict is caused by a role mismatch, when different social statuses of a person are incompatible, when moral principles, personal beliefs and ideals, the level of legal culture of an employee run counter to the functions performed by him. For example, an investigator may be forced to apply a certain coercive measure by fabricating the case in such a way that this measure can be chosen in accordance with the law. In this case, the employee finds himself in a position where actions are permissible from the point of view of the law, but contrary to morality. Intrapersonal conflicts are not uncommon in legal practice when defending terrorists, serial killers, rapists and other persons who have committed egregious crimes.
The contradictions that arise in these cases remain only in the mind of the employee, “undermining” him from the inside, sharpening the sense of conscience and justice. Such situations are typical for the law enforcement sphere, they are some of its costs. In order to minimize them, it is important for a law enforcement officer to learn how to overcome internal confrontation, to prioritize the fulfillment of professional duty.
Interpersonal conflict is based on the clash of interests of individuals in the process of their social and psychological interaction. The consequences of such a conflict between representatives of the law enforcement sphere can be catastrophically dangerous, since in this case it is impossible to coordinate joint actions, perform team work in a quality manner, and dislike for a colleague provokes illegal behavior and violation of ethical standards, which is unacceptable for a lawyer.
The conflict between the individual and the group manifests itself in the case when the individual (the subject of law enforcement) goes against the values and rules established in the group. Such a confrontation arises, for example, when an investigator, starting to work on the periphery, intends to be guided by the rules acquired over the years of training, but encounters unspoken "laws" that act in the interests of "local princelings", and tries to resist them by entering into conflict with colleagues.
The involvement of a law enforcement officer in a conflict (main involvement) is a phenomenon that is undesirable for the state, since it prevents the proper performance of professional duties by human rights defenders, undermines citizens' confidence in law enforcement agencies, and disrupts the work of law enforcement agencies in general. In order to avoid such phenomena, regulations have included provisions aimed at preventing and suppressing conflict behavior of representatives of the law enforcement sphere. So, for example, according to Article 41.9 of the Federal Law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation", an employee is subject to dismissal due to loss of confidence in the event that measures are not taken to prevent and (or) resolve a conflict of interest to which he is a party .
More specific regulations aimed at preventing conflicts in law enforcement are contained in codes of professional ethics. Thus, paragraph 2 of Article 11 of the Lawyer's Code of Professional Ethics stipulates that if a lawyer provides legal assistance to persons with different interests, then in order to prevent a conflict, it is necessary to obtain the consent of the parties to the conflict relationship to continue the lawyer's performance of his functions. Paragraph 3 of Article 5 of the Code of Judicial Ethics prohibits a judge from engaging in any activity that will lead to a conflict of interest, when his personal interest affects the quality of the functions performed. Articles 8, 9, 17 of the Code also warn a judge against a conflict of interest, and paragraph 4 of Article 10 obliges a judge to avoid conflict situations that damage the authority of the judiciary. Paragraph 1.4 of the Code of Ethics of the Prosecutor's Office of the Russian Federation obliges a prosecutor's officer to avoid conflict situations that damage his honor and dignity, the reputation of the Prosecutor's Office of the Russian Federation. A similar provision is contained in the Code of Ethics and Official Conduct of Federal Public Servants of the Investigative Committee of the Russian Federation (see clause 9, clause 26).
Other norms of legislation and codes of professional ethics are also aimed at preventing conflicts. In particular, Part 1 of Clause 1 of Article 7 of the Federal Law of May 31, 2002 No. 63-FZ “On Advocacy and the Bar in the Russian Federation” establishes the obligation of a lawyer to defend the rights and legitimate interests of the principal by all means not prohibited by law. Part 1 of paragraph 5 of Article 9 of the Lawyer's Code of Professional Ethics states that a lawyer must not accept orders for the provision of legal assistance in an amount that is known to be greater than he is able to fulfill. These norms are aimed at preventing conflict in the activities of a lawyer, since conscientious, high-quality, timely
the fulfillment of his function predetermines the satisfaction of his work with the client, which is the key to preventing and avoiding disagreements between the lawyer and the principal.
Paragraph 2.1.7 of the Code of Ethics of Prosecutors of the Russian Federation prescribes the use of official powers in a balanced and humane manner, and paragraph 2.1.8 of this act prohibits the manifestation of bureaucracy, formalism, arrogance, disrespect for the legitimate requests and demands of citizens. These norms are designed to prevent psychological tension in the relations of prosecutors with citizens, as well as with other representatives of the law enforcement sphere, thereby preventing the involvement of employees in the conflict.
Ethical codes establish the professional and moral standard of representatives of the respective fields of activity. The content of these documents, on the one hand, normatively fixes the options for the proper behavior of law enforcement specialists, on the other hand, it orients employees to their own regulation of their behavior, acting as a normative ethical and legal basis for proper professional behavior in general and conflict prevention in law enforcement in particular.
By regulating official and partly off-duty behavior of law enforcement officers, the norms of laws and codes of professional ethics are aimed at preventing conflict actions in the interests of preserving the personal reputation of an employee, maintaining the authority of the relevant human rights institution and the entire system of the state apparatus.
LITERATURE
1. Zhadan VN About methods of resolving some types of conflicts // Science Time. -2016. - No. 1 (25). - S. 154-160.
2. On the Prosecutor's Office of the Russian Federation: Federal Law of 17 Jan. 1992 No. 2202-1 (as amended on November 28, 2015) // Bulletin of the Congress of People's Deputies of the Russian Federation. Federation and the Supreme Council Ros. Federation. - 1992. - No. 8. - Art. 366.
3. The code of professional ethics of a lawyer: adopted by the first All-Russian Congress of Lawyers on January 31. 2003 (with amendments and additions approved by the Seventh All-Russian Congress of Lawyers on April 22, 2015) [Electronic resource]. - Access from the reference-legal system "Garant".
4. Code of judicial ethics: approved. VIII All-Russian Congress of Judges of December 19. 2012 [Electronic resource]. - Access mode: http://base.consultant.ru/cons/cgi/online.cgi? hed=eos; base=LAW;n=195310.
5. Code of Ethics of the Prosecutor's Office of the Russian Federation: approved. Order of the General Prosecutor's Office of the Russian Federation of March 17, 2010 No. 114 (as amended on April 22, 2011) [Electronic resource]. - Access mode: http://base.consultant.ru/cons/cgi/online.cgi? req=doc;base=LAW;n=115128.
6. Code of Ethics and Official Conduct of Federal Public Servants of the Investigative Committee of the Russian Federation: approved. Chairman of the Investigative Committee Ros. Federation 11 Apr. 2011 [Electronic resource]. - Access mode: http://base.consultant.ru/regbase/cgi/online.cgi? req=doc;base=LAW;n=168636.
7. On advocacy and advocacy in the Russian Federation: Federal Law of May 31, 2002 No. 63-F3 (as amended on 06/02/2016) // Collected. legislation Ros. Federation. - 2002. - No. 23. - Art. 2102.
8. Mikryukov V. A. The burden of a lawyer’s integrity // Advocate practice. - 2015. - No. 2. - S. 48-52.
Conflict prevention
Conflict prevention is a set of directions, methods of managing an organization, which reduces the likelihood of conflicts.
Preventive work should be carried out both before and after the outbreak of a conflict. The essence of prevention is to eliminate the objective and subjective causes of conflicts. At the general social level, conflict prevention involves the implementation of social, economic, cultural policies, changing the values of the individual, strengthening the legal framework of society, combating social polarization, etc.
The main ways to prevent conflicts are:
- - elimination of the causes of the conflict - it is necessary to regularly conduct research to identify the causes of possible conflicts: both subjective and objective, and to eliminate them;
- - development and strengthening of cooperation - for which the following methods are used:
involvement of a potential rival in joint activities;
an expression of sympathy and understanding for your partner and a desire to help him;
maintaining a respectful attitude towards the partner, despite the difference in views and interests;
treating a partner on an equal footing, prohibition of discrimination and demonstration of a sense of superiority;
attribution of merit to both parties in order to avoid envy between them;
maintaining a good psychological climate between partners, contributing to the emergence of their feelings of sympathy for each other;
- - putting forward common harmonizing goals between management and staff - the manager must be able to set goals that do not contradict the goals of employees;
- - observance of a clear subordination and integration between departments and positions - only in the presence of an organizational management structure with a clear distribution of responsibilities between links ensures the unambiguity of relations between departments, helps to avoid conflicts related to the distribution of responsibilities between positions;
- - normative methods - any conflict is regulated by social norms: legal, religious, moral, etc. Normative ways of preventing conflicts are to establish formal, fixed on paper and generally binding rules governing the powers of participants in public relations;
- - balance of rights and responsibilities - each employee must be endowed with official rights, duties and responsibilities in accordance with his position;
- - a well-thought-out and balanced policy of labor motivation - the most effective means of conflict prevention is the use of various forms of staff incentives. These forms can be:
career advancement;
granting new rights, duties and responsibilities;
financial incentives and more.
Ways to resolve conflicts
Conflict resolution is the end of the conflict as a result of finding a mutually acceptable solution to a problem that is of personal importance to the participants. Resolution can occur at the stage of emergence, at the stage of exacerbation, and at the stage of attenuation of the conflict. The preconditions for conflict resolution are:
- - sufficient maturity of the conflict;
- - the need of the subjects of the conflict in its resolution;
- - availability of necessary means and resources for its resolution.
Perhaps a complete or incomplete resolution of the conflict. When the conflict is fully resolved, the conflict ends as a result of the elimination of the causes and subject of the conflict. In case of incomplete resolution, not all causes of the conflict are eradicated, only a temporary weakening of the conflict occurs, but at any opportunity, the conflict may flare up again.
Conflict resolution methods can be divided into 3 categories:
- - intrapersonal;
- - interpersonal;
- - structural.
- 1. Intrapersonal methods are methods of influencing an individual. This effect is carried out as follows:
- - the leader conducts an educational conversation (it is considered the most effective form of influence);
- - in the absence of results, disciplinary sanctions are applied;
- - it is possible to bring the problem to the discussion of the team;
- - extreme measure - dismissal of the instigator of the conflict and / or its active participants.
One of the most important conditions for the effectiveness of intrapersonal influence is the acceptance by the conflicting parties (personalities) of new conditions of interaction, liberation from the burden of the past.
- 2. The path to interpersonal methods of conflict resolution lies through the choice of style of conflict behavior. In conflictology, there are 5 most common ways to resolve conflicts:
- - evasion;
- - adaptation;
- - rivalry (confrontation);
- - compromise;
- - cooperation.
- c) Structural methods - methods for eliminating organizational conflicts.
There are 4 main structural methods of conflict resolution:
- - clarification of job requirements;
- - use of coordination and integration mechanisms;
- - establishment of corporate complex goals;
- - use of the reward system.
One of the best management practices to prevent intra-organizational conflict is to clarify what results are expected from each person and department.
The use of coordination and integration mechanisms implies the existence of one governing body for both parties. If two or more subordinates have disagreements on some issue, the conflict can be avoided by contacting their common boss, inviting him to make a decision. The principle of unity of command facilitates the use of hierarchy to manage a conflict situation, since the subordinate knows whose decisions he must obey.
Setting corporate-wide, overarching goals requires a collaborative effort between two or more people, teams, or departments. The idea that is embedded in these higher goals is to direct the efforts of all participants to achieve a common goal. Setting clearly defined goals for the entire organization will encourage department heads to make decisions that benefit the entire organization, not just their own functional area.
Rewards are effective because they force managers and employees to focus on performance. Conflict rarely leads to reward, so in this case, the natural behavior of employees will be to avoid conflict, get maximum results and appropriate rewards. .
Communication in conditions of exacerbation of relationships. Prevention and resolution of conflicts between employees of internal affairs bodies
As mentioned above, conflict occurs when there is a clash of conflicting views, opinions, interests of different people, and this clash is in the nature of confrontation. It should be remembered that confrontation is also associated with an aggravation of relationships, and affects the performance of both an individual employee of the internal affairs bodies and the team as a whole.
The positive role of some conflicts is associated with the establishment of an environment of mutual exactingness, overcoming selfish positions, and the introduction of new methods of work. Therefore, it is important to determine the direction of a particular conflict.
In order to correctly navigate conflicts, it is necessary to make a diagnosis: why an aggravation of relations is brewing or has arisen and to determine the forecast: what consequences a certain development of relations can lead to.
Success in building relationships will be aided by a clear understanding that:
firstly, the causes of conflicts can be rooted in the objective conditions of service, overload, lack of material and technical security;
secondly, as the causes of conflicts there may be contradictions generated by the imperfection of normative acts and the practice of their application;
thirdly, these are contradictions associated with shortcomings in the organization of management and daily management of people;
fourthly, conflicts can be caused by negative socio-psychological phenomena in the team of employees: unhealthy opinions, moods, traditions, lack of moral and strong-willed attitude to perform official tasks, mutual antipathies;
fifthly, an important cause of conflicts are the personality traits of specific participants in the conflict: quarrelsomeness in the team, imbalance, excessively high self-esteem, insufficient professional training.
In order to prevent conflicts that are negative in their content and direction in the internal affairs body, it is advisable to constantly pay attention to “bottlenecks”, phenomena and facts about which friction may accumulate between employees or their groups.
It is important to specifically teach the art of communication between leaders and subordinates, subordinates with leaders, subordinates among themselves and with citizens. In most cases, the rule applies: the more intensively verbal communication is used to exchange opinions, the more effective the activity of an individual employee and the team as a whole.
A good leader, in order to prevent conflicts, takes timely measures to prevent the concentration in certain units of officials transferred from other services due to their negative characteristics at their previous place of work.
It is necessary to respond in a balanced way to manifestations of professional deformation on the part of police officers: abuse of power, instability in relation to the negative influence of antisocial elements, frequent use of jargon, etc. In any case, none of these facts should be left without attention.
Prevention of aggravation of relationships provides for the need for proactive regulation of communication between employees, between whom conflicts may arise on business or personal grounds. The general socio-psychological background of relations in the team deserves special attention. The major background of relations, the spirit of camaraderie, mutual assistance makes it difficult for the emergence and growth of destructive conflicts.
The conflict that has arisen in the police department needs to be resolved. Depending on the causes of conflicts, the characteristics of its participants, the situation in the team, various psychologically effective measures can be used. In the early stages of the development of the conflict, it justifies itself to prevent the development and accumulation of differences in the assessments, views, and goals of the members of the team. In these cases, the confrontation manifests itself not in an open, but in a hidden, indirect form. For example, an employee states: “Why should I work for others” or: “Why do we need these additional responsibilities?” etc. Correct in this situation would be to find out the reasons for the veiled manifestation of disagreements and take measures to stop the accumulation of contradictions.
When the confrontation of the conflicting parties becomes obvious, but at the same time it is possible to influence their intellect, the efforts of the conflict resolver should be aimed at achieving mutual understanding. In this case, it is achieved by inducing the parties to the conflict to a “negotiation strategy”. The parties to the conflict should be helped to “break down” the contradictions into their component parts and discuss in detail each point of disagreement. This will make it possible to find individual elements and concurring assessments, for example, in relation to the general goals of the activity, and then turn the conflict into the direction of reaching an agreement. Consent can be initially indicated by private moments that do not sharply affect the interests of the participants in the conflict. In case of excessive excitement of the parties in a situation of aggravation of interaction, it is advisable to transfer the conflict from the emotional to the intellectual level of its course. Since at this stage of the development of the conflict, the so-called “effect of narrowing consciousness” is often observed; regulation of behavior in these cases is expressed in the prohibition of tactless attacks, threats and insults.
E.A. Vyzulin
Vyzulin Evgeniy Alexandrovich - Senior Lecturer, Department of Administrative Activities of the Internal Affairs Bodies, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
The conflict of legal and moral norms in the professional and ethical culture of employees of internal affairs bodies
The ongoing reform and optimization of the entire system of internal affairs bodies, as well as the reform of the political and legal systems, presupposes the orientation of the institutions and norms governing law enforcement and the activities of police officers by a certain hierarchy of values. The goals of the law enforcement system are as follows:
Establishment of professional and ethical standards and rules of official conduct for employees of the internal affairs bodies of the Russian Federation1 for the worthy performance of official duties.
Public confidence in law enforcement.
Ensuring uniform standards of conduct for police officers.
The basis for the formation of proper morality in the sphere of internal affairs, a respectful attitude to law enforcement (police) service in the public mind is the institution of public consciousness and morality of police officers, their reflection.
J.J. Rousseau in a letter to F.M. Arue (to Voltaire): “I would like every country to have a moral code, something like a confession of civil faith, which would contain in a positive form those social maxims that everyone should recognize, and in a negative form intolerant maxims that should not be rejected. as godless, but as rebellious ... This code, carefully compiled, would, in my opinion, be the most useful book ever written and, perhaps, the only one necessary for people ”2.
Collisions between law and morality develop in the interaction of all their structural components. The multidirectionality of the components that we are demonstrating manifests itself as social values are concretized by legal and moral institutions and their characteristic normative means. Collisions of legal and moral norms, at the moment of acute historical conditions, contradictions arise between the legal consciousness and the moral consciousness of society. They can develop in the current legal life. In the field of social regulation, there is a combination of legal and moral methods of regulating the same social relations, sometimes taking on a clearly destructive character.
Contradictions arise due to the fact that law either differentially evaluates relations that are identical from the point of view of morality, or equalizes situations and circumstances that are very different from the point of view of morality.
These contradictions stem from the law of unity and struggle of opposites. Positive law often contains norms that run counter to ethical values and moral predominance.
The variability of morality and the imperfection of legislation gives rise to conflicts within themselves, individually taken moral and legal regulatory systems.
Let us define the differences between law and morality, based on the normative content.
Differences between law and morality
MORAL RIGHTS
specific universal
can be used only by competent officials and executive authorities in a legislatively defined manner, they do not need any special social mechanism to put them into action
officially enshrined in regulatory legal acts, systematized are contained in the minds of people, expressed in public opinion, are transmitted to them
2 Quot. by: Evstratov V.D., Glazunova Z.K. Moral and law: genetic basis of the relationship // Scientific Tatarstan. 2007. No. 3. S. 61.
Vyzulin E.A. The conflict of legal and moral norms in the professional and ethical ... - 625
associated with the external actions of a person associated with the internal self-determination of the individual (motives, goals)
enshrined in legislation, not formally defined in court decisions
provide for legal liability for offenses provide for measures of public influence in the form of public censure or condemnation
Moral and legal conflicts introduce not only contradictions into the general order of ideas about justice. Damage is inflicted on the entire system of moral assessments, with a violation of their harmony and unity. A legal norm that is not consistent with a moral norm causes a negative moral reaction in the subject of legal relations and a desire not to comply with such a norm, while the moral rule that condemns its (morality) violation continues to operate.
Thus, for police officers, the problem of the conflict of legal and moral norms in professional and ethical culture is relevant. In fact, an attempt to clothe some moral norms in the form of legal norms was the adoption of a code of professional ethics for a police officer. The definition of professional and ethical values in the formal attribute of the imperative requirements of a departmental regulatory legal act led to the rejection, at first glance, of the logical requirements for official behavior and professional and ethical culture of an internal affairs officer on the part of the latter. Subsequently, this is one of the circumstances that led to the abolition of the current regulatory legal act. What entailed the application in the official activities of the internal affairs bodies of the model code of ethics and official conduct of civil servants of the Russian Federation and municipal employees before the adoption of a new act regulating the professional and ethical requirements for the behavior of an internal affairs officer. The task remains within the given framework for the formation of a professional and ethical culture - the upbringing of a highly moral personality of an employee that meets the norms and principles of universal and professional morality.
Legal technology. 2017. No. 11
Ethics and deontology
The number of definitions of the concept of conflict is difficult to count: probably every scientific discipline has its own set of its definitions, reflecting the main directions of the school approaches of the point of view. In the Great Soviet Encyclopedia, conflict is defined as a clash of opposing interests, views, aspirations; a serious disagreement a sharp dispute leading to a fight. In the philosophical encyclopedia, conflict means an extreme case of exacerbation of contradictions.
Moral conflicts in the activities of law enforcement officers.
The number of definitions of the concept of "conflict" is difficult to count: probably, each scientific discipline has its own set of its definitions, reflecting the main directions, schools, approaches, points of view. In the Great Soviet Encyclopedia, conflict is defined as “a clash of opposing interests, views, aspirations; a serious disagreement, a sharp dispute leading to a fight. In the philosophical encyclopedia, conflict means "the limiting case of exacerbation of contradictions." The psychology dictionary states that “Conflict (from Latin сonflictus - collision) is a collision of oppositely directed goals, interests, positions of opinions or views of opponents or subjects of interaction.” Thus, it can be emphasized that the concept of "conflict" is usually defined through the concepts of "contradiction", "opposite".
There are five main types of conflict:
Intrapersonal (participants in the conflict are not people, but various psychological factors of the inner world of the individual, often seeming or being incompatible: needs, motives, values, feelings, etc.);
Interpersonal (as a rule, such conflicts are based on objective reasons. Most often, it is a struggle for limited resources: material resources, production areas, equipment usage time, labor force, etc.);
Between the individual and the group (groups establish their own norms of behavior, communication. Each member of such a group must comply with them. The group considers deviation from accepted norms as a negative phenomenon, a conflict arises between the individual and the group);
· Intergroup (For example, between management and performers, between employees of different departments, between informal groups within departments, between administration and trade union);
Social (a situation where the parties (subjects) of interaction pursue some of their own goals that contradict or mutually exclude each other.
In addition, conflicts can be classified on other grounds. For example:
1. If conflicts contribute to the adoption of informed decisions and the development of relationships, then they are called functional (constructive). Conflicts that impede effective interaction and decision-making are called dysfunctional (destructive).
2. Conflicts can be hidden or overt, but they are always based on a lack of agreement.
In the classifications of conflicts, there is also the so-called moral or moral conflict, understood as a clash of moral norms in the individual or public consciousness, associated with the struggle of motives and requiring a moral choice, although the allocation of such a category is a moot point. So, for example, V. Safyanov argues that in the case when it comes to a conflict in the sphere of moral consciousness, it would be more correct to use the term “conflict of moral consciousness”, and not “moral conflict”, because it is more correct to talk about moral contradictions , since within the framework of the moral consciousness itself, norms and values can only exist in a relationship of contradiction. Conflict is a form of conscious confrontation, opposition; norms by themselves, without a person, without his consciousness, cannot fight. These norms and values can only collide in a situation of moral choice, and then there are “victims” in the form of rejected moral values, ideals, norms.
So, is it possible to steal medicine for a dying person? Torturing a terrorist to find out where the bomb was planted? Or, like Gleb Zheglov, put the evidence in the pocket of a thief who is difficult to catch "by the hand"? These conflicts arise when there is an opposite direction of motives, when the subject has to mentally "weigh" social necessity, expressed in the requirements of duty, and personal plans, rationally realized motives and desires that run counter to them, when there is a fluctuation between greater and lesser evil.
The peculiarity of the moral conflict lies in the fact that in the current situation, the choice of any act as following one or another moral norm leads to a violation of another norm. The difficulty here lies not so much in the fact that a person cannot be unaware of some moral norms and therefore is not able to make a choice, and also not in the fact that he does not want to fulfill the requirements of morality, but in the need to resolve the clash of these requirements.
An example is the situation when a law enforcement officer conducting a search at the apartment of a suspect or accused of committing a crime faces a dilemma: either to inspect the bed of a sick person who is dying, or, guided by humane considerations, refuse to do so. The complexity of such situations also lies in the fact that the offender often adheres to a different system of moral values, and, knowing that moral standards for law enforcement officers are highly imperative, he tries to use this to his advantage.
Among conflicts of professional importance for law enforcement officers, attention should be paid to external and internal conflicts. The solution of an internal conflict may in some cases give rise to an external one. Thus, a person's decision to cooperate with law enforcement on a confidential basis may, for example, be the result of resolving an internal conflict between the fear of exposure in the environment in which he has to work, and the realization of the need for such cooperation in favor of the latter, which can lead to an external contradiction. between the unspoken assistant and the environment of his activity (if this environment has an opposite moral orientation)
There are many forms of manifestation of moral conflicts. They are due to:
specific features of a particular area of activity,
specific conditions in which this activity is carried out,
· socio-psychological characteristics of the participants in the conflict and other circumstances.
The development of the conflict leads to its resolution, that is, the choice of a certain variant of an act or behavior. Here it is important to help the person determine the correct position underlying the decision he makes. Moreover, this position will be all the more solid, the more moral requirements that are realized by a person turn into his convictions. This issue is of practical importance for law enforcement. Persuasion motivation characterizes the highest type of moral behavior.
An axiom in the resolution of moral conflicts is often the provision on the priority of public interest over private. Unfortunately, in reality this provision is understood and implemented in a very simplified and crude way. A conflict situation is often resolved by simply sacrificing the interests of an individual to a common interest, without noticing that a more thorough analysis of the situation reveals, perhaps, a slightly more complicated way of resolving it, but one in which the realization of the common interest does not require any then victims from the individual.
The subordination of the personal to the public is an extreme, although quite common, option for resolving those situations in which there can be no other way out. For an optimal way out of a conflict situation, not only the willingness of the individual to sacrifice their own interests is necessary, but also the efforts of society to satisfy the interests of the individual. Only in such a counter movement from the individual to society and from society to the individual is the correct moral choice possible Professional ethics of law enforcement officers.
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| And therefore they are used for mental disorders in neurotic and neurosis-like disorders, states of internal tension, fear, anxiety, anxiety. 4 In connection with the alpha-adrenergic blocking effect, it is used in the relief of a hypertensive crisis. In the treatment of patients with mania use: 1 neuroleptics; 2 lithium salts. Lithium salts are used to treat and prevent mania. | |||
| 40397. | Methods of compositions of certain types | 41.5KB | |
| Preparation of the material, its systematization, thinking over the composition and the plan of the composition, establishing logical connections, choosing words, phraseological units, phrases, building sentences and connections between them, checking spelling, this whole complex of complex actions requires from the student not only a high tension of all his mental powers, but also the ability to manage his intellectual activity. The works are classified according to the sources of material according to the degree of independence, genres and linguistic features. Depending on sources... | |||
The theme of this work is the moral choice in the activities of law enforcement officers.
The interest and relevance of this work lies in the fact that moral ideals, principles and norms arose from people's ideas about justice, humanity, goodness, the public good, etc. The behavior of people that corresponded to these ideas was declared moral, the opposite - immoral. In other words, what is moral is what, in the opinion of people, is in the interests of society and individuals. What brings the most benefit. Naturally, these ideas changed from century to century, and, moreover, they were different among representatives of different strata and groups. Hence the specificity of morality among representatives of various professions. All of the above gives reason to say that morality has a historical, social class and professional character.
The sphere of activity of morality is wide, but nevertheless the richness of human relations can be reduced to relations:
- individual and society;
- individual and collective;
- team and society;
- team and team;
- man and man;
- person to himself.
The purpose of this work is to consider the ethical and moral aspects of the moral choice in the activities of law enforcement officers.
Work tasks:
- Consider the essence and structure of moral choice.
- To study moral conflicts in law enforcement.
- Consider the ratio of goals and means in law enforcement.
- To study the moral responsibility of law enforcement officers.
Thus, in resolving issues of morality, not only collective, but also individual consciousness is competent: the moral authority of someone depends on how correctly he realizes the general moral principles and ideals of society and the historical necessity reflected in them.
1. Essence and structure of moral choice.
Morality refers to non-institutional forms of regulation, while law refers to institutional forms. There are no organizations or institutions that create morality.
Morality regulates human behavior in all spheres of reality: in work, in everyday life, in law enforcement, in science, in family, intra-group and other relations.
It authorizes and supports certain social foundations, the way of life, or requires their change. Morality regulates the behavior of both the individual and society.
Since the function of regulating behavior is carried out not only with the help of moral requirements, but also with the help of legal norms, administrative regulations, technical, social and hygienic rules, etc., it is necessary to distinguish moral regulation from any other, and, above all, from legal regulation.
Moral regulation of human behavior differs significantly from legal regulation. So, law is based on the state, and morality? on public opinion and human feelings, such as feelings of conscience, duty, justice, love, etc.
Morality differs from law in terms of the subject of regulation. Law is addressed to a person as a certain citizen, while morality is addressed to a person as a person. Personality is a value that does not recognize any physical or political boundaries.
Morality differs from law in its sanctions. Responsibility for violations of norms in law and in morality is different. Moral sanctions are more flexible, diverse, they act in the form of not only coercion, but also persuasion, approval by public opinion, in the form of self-esteem - a satisfied pure conscience or its remorse. The death penalty can be the highest measure of punishment in law, but in morality? public and private condemnation.
This circumstance did not bypass law enforcement agencies and their employees. True, something else is also true: the difficulties facing them highlighted the fact that many of them actually showed their high moral culture, their excellent moral qualities, while others, fulfilling their official duty, unfortunately, gave up in the name of the good of the Fatherland the most precious thing is your life.
It often happens that a person who is brought to legal responsibility may not realize the justice of the charges brought against him for the committed act. Responsibility in moral terms is characterized by self-assessment of one's act. In this case, remorse, self-flagellation or censure of people around is a sufficient form of punishment for an immoral act [4, p.22]. Moreover, having internally realized his guilt, the person independently takes practical steps to correct his act, seeks to win the recognition of the team surrounding people. The positive form of moral responsibility is based not on the condemnation of illegal behavior, but on the stimulation of such human actions and deeds that are vital to society and have a significant impact on the course of future events. This form of moral responsibility covers a large area of human actions and is conceived as a creative awareness of one's abilities and capabilities in the performance of duties. Important in the manifestation of a positive form of moral responsibility is the socio-political and moral content of the position chosen by the individual. This enhances the activity of the individual, attaches it to public affairs. A person is more deeply aware of his connection with ongoing events, actively involved in the course of historical creativity. And his responsibility acquires a highly moral meaning, turning into an internal incentive for activity.
The possibility and ability to choose, as well as moral duty - this is what determines the measure of responsibility. Having received an objective opportunity to act one way or another, a person must act in a certain way - it is her choice that is the condition for resolving the situation. The means of an adequate response of the individual to the situation is the adoption of decisions “with knowledge of the matter”. The ability to make a moral choice turns out to be the same object of moral responsibility as the very desire to solve a situation of moral choice.
A morally free person must always, everywhere, in any situation, regardless of any pressure from outside, no danger to himself personally, act only according to his inner convictions, act according to his conscience. And if it is true that inner truthfulness alone does not yet determine the essence of moral freedom, then it is no less true that without inner honesty moral freedom is generally an empty phrase.
The decisive, defining element of the subject's moral freedom is his practical moral activity.
The moral choice is one of the dominant moral requirements in the application of goals and means by an employee of the internal affairs bodies. This is expressed in the fact that, firstly, when coming into contact with various categories of people, the employee must effectively use the means that is morally more justified (for example, a possible study of biographical and personal information about the suspect, carried out independently, with moral point of view is more justified than the interrogation of his close relatives). It is important to note here that the very methods and means of employees' activities can be both morally neutral and include elements of coercion and restrictions. Obviously, the former is a moral "evil". Secondly, the arguments collected to achieve one goal should not destroy the moral character of a higher goal (for example, the decision of the district police inspector not to involve this or that person for an administrative offense, taken from the consideration of “decide humanly”, is not consistent with the professional duty of inevitability punishment for what they did). Thirdly, the proportionality of the means and the goal, when the use of one means is sufficient to achieve the goal and does not require additional means. Unfortunately, in the practice of internal affairs bodies, there are still quite common cases of additional restrictions on individual rights (replacement of one measure of restraint, sufficient to solve the set goal, with another, more stringent), etc.
Hence, the main ethical requirements governing the selection process itself are: unshakable ideological positions from which it must consider all issues of combating crime; intransigence to any violations of the law; implementation of professional duty as a moral imperative (the highest moral requirement); prevention of formalism, negligence, indifference and haste in decision-making, indifference to the fate of a person.
Rudeness, lack of restraint, tactlessness cannot be justified by any references to the "indelicacy" of the area in which the police work, especially since in reality a significant part of its activity covers an extremely delicate area of human relationships. And in the dictionary of the Russian language, along with other meanings of the word "delicate", there is also this: "requiring careful and tactful behavior."
Who does not know the oldest fairy tale story about the crossroads of three roads and a good fellow, who determines the consequences to which each path option will lead him by a stone sign: “You will go right ... you will go left ...”
The situation of choice at a crossroads came to a fairy tale from reality. Any person in life is faced with thousands of situations that require to determine his moral position and translate it into an act. Say yes or no. Pass by, or intervene. A person makes decisions guided by duty and conscience, ideas of good and evil, moral and immoral. Choice accompanies a person throughout life, is its feature, both in its attractive force and in its contradictory complexity.
The moral choice of a person is a side of human activity. An essential feature of any kind of human activity is the act of choice: the situation contains several possibilities and is resolved by the preference of one of the options.
The structure of moral choice is concretized by its scale - from the choice of a single act to the "meaning of life", its subject - a group, society as a whole, its object - the choice of ideals and values, lines of behavior and specific means of implementing situational tasks.
In order to create conditions for the ethical provision of choice, it is necessary to analyze the features of choice motivation, the correlation of goals and means, freedom and responsibility in choosing, moral regulators (duty, conscience, legality) and expediency in choosing. The objective possibility of choice does not mean the social and moral infinity of the range of moral choice. The ability to choose is determined by the way of life of a person, his place in the system of social relations, certain systems of moral values, enshrined in culture.
2. Moral conflicts in law enforcement.
Let's define a conflict as follows:
A conflict is an understanding, imagination or fear by at least one side that its interests are violated, infringed and ignored by the other side or parties. At the same time, the parties are ready to fight for the capture, suppression or destruction of the interests of rivals in order to satisfy their own interests.
different systems of values and principles,
Misinformation, including misinformation, inaccurate information and outdated information,
unknown information,
Information that is perceived as unreliable due to the beliefs, experience or reputation of the source,
conflicting information,
Unpleasant, disturbing information,
Complex information not fully understood
Information overload, i.e. too much information to analyze and assimilate,
Lack of resources
dissatisfaction of interests,
Fear of dissatisfaction of interests, including survival and disclosure of the truth,
Competition between the parties, reaching hostility,
Clashes on a personal level, even between organizations,
Rules,
Stereotypes and common practice,
habits
Positive impact:
Strengthening the process of self-awareness,
Forms, reinforces and confirms a certain set of values,
Promotes awareness of the community of the group,
Often leads to unity of like-minded people, within and between groups,
Often temporarily defuses or upstages other conflicts
Often prioritizes
Sometimes it plays the role of a safety valve for a safe and even constructive release of emotions,
Often draws attention to dissatisfaction and proposals that need discussion, understanding, recognition, support and legal resolution,
Often leads to working contacts with others,
Stimulates the development of fair conflict resolution systems.
Negative impact of conflict:
threatens the declared interests of the parties,
Prevents rapid change
Leads to loss of support
Makes people addicted to their public statements
Leads to quick action
Undermines trust
Causes disunity among those who need or seek unity,
It tends to deepen and expand.
The causes of the conflict may or may not appear depending on our physical condition. When we are physically tired, we are more prone to conflict. At about 4-6 pm, we become inadequate to ourselves: hypersensitive, irritable, react aggressively to things that we would not have paid attention to before, for example, at 11 am. The dynamics of the fatigue process is approximately as follows: in the first pre-launch phase, when a person comes to work , there is a mobilization of all its forces, the body prepares for work, is activated, which is accompanied by a significant waste of energy resources. If this process is delayed for more than 5 minutes, there may be a decrease in tone. Hence, the expediency of morning planning meetings and meetings is doubtful.
The second phase - "workability" - the stage of entry into work. At this stage, the nervous system calms down and the person enters an individual mode of operation. This period takes from 10 minutes to 1 hour. During this period, it is advisable to hold morning meetings.
The third phase is sustainable performance. It is characterized by the stabilization of all performance indicators of the employee. This is the optimal mode of operation, which depends on the working conditions and type of activity and ranges from 3 to 6 hours.
The fourth phase is fatigue. It is accompanied by a decrease in performance. As fatigue increases, a person begins to feel a breakdown, tension, and uncertainty. There is a weakening of a number of functions: attention disorder, deterioration of thinking processes, drowsiness occurs, letters begin to swim before the eyes, accuracy and coordination of movements decrease, etc.
The causes of conflict behavior are related to the shortcomings of education, or the circumstances in which the childhood of this person passed. It can be either an excess of attention to the child or its lack. With an excess of attention, adults note the exclusivity of the child and cripple his personality. In the future, he gets used to being the center of attention, and if there are no necessary virtues for this, then conflict is used. When realizing this need, either any conflict or confrontation for some "truth" is used. If it was possible to provoke a conflict and the steroid was in the spotlight, then it achieved its goal.
In each internal affairs body, as well as in each of its divisions, along with an officially fixed and obvious organizational structure, an unofficial (otherwise informal) socio-psychological structure is formed and exists, which is based on the patterns of interpersonal communication.
In each internal affairs body, as mentioned earlier, a complex network of subordination relations, service dependence, and functional duties of employees is manifested. These relations represent the official psychological structure of the body, in which the leader always acts as the official leader. This structure is easily recognized by the staffing table.
However, the relationship between the employees of the body is by no means limited to formally signed contracts. In any social system, a system of other interpersonal relations spontaneously develops, which arise as an inevitable result of more or less long-term communication, based on the personal choice of connections between people's associations. Therefore, in each internal affairs body (subdivision) there is an informal informal socio-psychological structure. To identify it, the use of special methods is required, since it is often an invisible psychological relationship between people (their likes and dislikes, attraction and repulsion, group pressure and conformism .. These relationships form the socio-psychological climate in the team.
The informal socio-psychological structure of any collective finds its expression in the emergence of both individual bilateral contacts and entire so-called informal groups. Such informal groups, as a rule, unite a small (3-10 people) number of members of the team who spontaneously established and maintain direct ties with each other for a relatively long time, are united by mutual interest, recognize or distinguish themselves as a specific community. Such a group is characterized by a sense of solidarity, mutual trust, a common destiny, and so on. It gives workers a sense of identity and a position that meets their social needs, and offers group support and protection.
Each group develops in its environment certain norms of behavior, which together create a certain regime within the group that requires the commitment and loyalty of each member, without which its existence is impossible. Therefore, an informal group can act as a means of social control, which manifests itself in various ways of its influence on a person: through the suggestion of any social attitudes, life values, stereotypes; through the influence on the motivation of behavior, etc. Deviation from the norms developed in the group of a member causes her response measures in the form of contempt, isolation, condemnation, etc.
The heads of internal affairs bodies should pay the closest attention to identifying and evaluating emerging and existing informal groups in the units and their leaders. At the same time, it should be remembered that the informal psychological structure cannot be identified with the so-called grouping, since, as practice shows, informal groups in the overwhelming majority unite employees who are honest and conscientious.
External causes of intrapersonal conflict can be due to: I) the position of the individual in the group, 2) the position of the individual in the organization, 3) the position of the individual in society.
External causes of intrapersonal conflict, due to the position of the individual in the group, can be varied. But their common feature is the impossibility of satisfying any important, having in a given situation a deep inner meaning and significance for the individual, needs and motives. In the work “Psychology of the individual and the group”, in this regard, four types of situations that cause intrapersonal conflict are distinguished:
1) physical barriers that prevent the satisfaction of our basic needs: a prisoner who is not given freedom of movement by a cell; bad weather preventing harvesting; insufficient income that does not allow the hostess to get what she wants; a lowered barrier or a sentry that does not allow entry to one place or another;
2) the absence of an object necessary to satisfy the felt need (I want to have a cup of coffee, but the shops are closed, and there is no more left at home);
3) biological limitations (mentally retarded people and people with physical defects, in which the obstacle is rooted in the body itself);
4) social conditions (the main source of the greatest number of our intrapersonal conflicts).
When our need for respect is not met with understanding, when we are deprived of our freedom or feel like strangers in our class because of the attitude of some people towards us, we are in a state of frustration. There are many examples of conflict situations of this type in the life of society, since very often groups put pressure on their members, which leads to personal conflicts.
3. Problems of correlation of goals and means in law enforcement. moral responsibility.
In law enforcement, the solution of the question of the relationship between goals and means is inextricably linked with the problem of the separation of morality and law, because this allows, when choosing ways to achieve goals, to be freed from moral norms and prohibitions. N. Machiavelli expressed the most prominent approach to the problem of the correlation of goals and means in law enforcement. The main thing in law enforcement, according to him, is the achievement of the goal, even if the methods are unfair and immoral. The end justifies the means - this postulate characterizes the position of Machiavelli. All means leading to the attainment of the public good are justified by this end. In state activity, the one who had a fox nature always won. Referring to L. Medici, N. Machiavelli writes: “No matter what means you seize the throne, no matter what crimes bring you to your goal, God's blessing will be over you.” Machiavellianism has become a symbol of political cunning.
In the New Age, the belief is formed that fixed goals are achieved by any effective means, and the means used lose their significance in the process of justifying the goals. The latter receive priority over the means. However, the means by no means lead to the same end, which can vary depending on the set of means. Ends are not realized otherwise than through appropriate means, which thereby gain a dangerous independence, turning into ends. The moral neutrality of the means turns out to be a dubious assumption.
Promiscuity in the choice of means to achieve goals was characteristic not only of feudal rulers. Napoleon said that there are no crimes in law enforcement, there are only mistakes. Even K. Marx did not escape dubious statements on this score. “In law enforcement for the sake of a certain goal,” he wrote, “you can make an alliance even with the devil himself, you just need to be sure that you will lead the devil, and not he will fool you” (Marx K., Engels F. Soch. Vol. 8 pp. 410).
The progress of civilization has not led to a harmonious combination of goals and means in law enforcement. The 20th century showed that the use of progress to link moral goals and immoral means is unacceptable, since, firstly, it is fraught with totalitarian consequences, and secondly, there is no automatic correlation between moral, economic, and political progress. And now political leaders and parties are trying to justify their goals and actions with references to morality, seeking to attract people in order to achieve their goals.
Law is not omnipotent, morality restricts politics, the freedom of uncontrolled political action, therefore law seeks to free itself from morality.
The “realists” preached the idea of the immorality of law by its nature and the inapplicability of moral assessment to this activity. In their opinion, morality manipulates the abstract categories of "good" and "evil", while the law is concerned about the prosperity of the state. Therefore, it must be carried out taking into account the real circumstances under which the action is performed. Law is interested in the results of the action, and not in the moral qualities of the means that led to it. The moral assessment was initially recognized as hostile to the political one.
Law has an increasing impact on the material and spiritual life of society. In the field of interaction between morality and politics, the leading role in modern society belongs to politics. Morality is formed under the strongest influence of politics, which leaves a significant imprint on the nature of the moral views of each class, permeates their entire content.
Recognition of the internal impossibility to follow moral norms in law enforcement is one of the important motives of "modern political ideology. No wonder it serves as an ideological support for the most reactionary doctrines both in political strategy and in the tactics of the political elite. Where classes oppose, law rejects morality as something beneficial. Moral purity, says A. Schlessinger, is the realm of the saints, and the law should be responsible for achieving success.
G. Morgenthau emphasizes that the desire for power is the essence of human existence. It leads to the fact that one person is used as a means for another. Therefore, the comparison of morality and politics is fundamentally wrong. The idea that the principles of morality are objective and independent, as well as political and economic ones, is also incorrect. Morgenthau proceeds from the fact that the influence of morality can have a disastrous effect on political actions, because the politician defends the interests of the nation.
The place of morality in a number of other concepts is occupied by force. Emphasizing this, K. Marx and F. Engels wrote: “...beginning with Machiavelli, Hobbes, Spinoza, Boden and other thinkers of the New Age, not to mention the earlier ones, force was portrayed as the basis of law; thus, the theoretical consideration of politics is freed from morality, and in fact only the postulate of an independent interpretation of politics was put forward” (Marx K., Engels F. Soch. Vol. 3, p. 314).
A negative attitude towards moral values in the sphere of political activity is expressed by prominent scientists of the Western world. So, R. Aron declares that there can be nothing in common between conscience and law. “If I reckoned with morality, I would stop thinking legally.”
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