Professional Culture Of A Specialist In The Field Of Jurisprudence

Abstract

The professional skills, which inherent in specialists in the field of jurisprudence, reflect the level of theoretical and practical knowledge in the field of law that are realized in the field of legal culture that covers the most important aspects of the legal activity of workers in this field. The borders of the professional culture of a lawyer are manifested in the practical implementation of the most effective methods that are in demand in the process of realizing the interests of organizations and entrepreneurs, public authorities and local self-government within the framework of legal relations currently established in the Russian Federation. The multidimensionality of the characteristic features of the professional culture of a particular specialist in the field of jurisprudence is closely connected with its effectiveness in protecting the rights of those legal entities and individuals who represent them in legal relations in various fields of economic, social and political life of society. In this connection, the authors attempted to analyze in detail the most important elements of the individual legal culture of lawyers in order to reveal a set of legal competencies determining the professional relevance of workers in the legal sphere as a real embodiment of their level of mastering the theoretical and practical skills of the most important provisions of Russian law.

Keywords: Legal culturelegal relationsprofessional competenceprofessional culturespecialist in the field of jurisprudence

Introduction

Professional culture of specialists in the field of law is a multifaceted concept, which has various interpretations. This article analyzes some important aspects of the professional culture of lawyer that determine the most significant elements of the level of professional preparation of persons engaged in the implementation of authorities within the framework of public relations that have developed in Russian society at the modern stage. The professionalism of a specialist in a specific field of law is manifested in that level which it can use its theoretical knowledge to regulate relations between the parties in the course of their economic, social, political, cultural activities. It should be noted that in the process of development of the Russian government, depending on their historical stage, legal models reflecting the most essential aspects of the collective or individual interests of the government as a whole, separate municipal education, legal entities and individuals are put on the forefront.

The professional culture of a lawyer assumes that he has sufficient knowledge of the necessary sets of techniques and methods that allow, within the framework of practical relations, to implement those legal approaches that reflect the most significant provisions formulated by Russian legislation.

It is possible to define the professional culture of a specialist in the field of jurisprudence as a set of legal knowledge, approaches, methods, principles reflecting the level of legal culture that has developed in the society at this stage of its development and objectively related to values of universal character that really embody the requirements for the most harmonious and effective resolution of various issues, arising during the life of Russian society.

That is, the culture of a professional dealing with issues of jurisprudence is a direct embodiment of the main concepts of the legal culture that has developed in Russia and, therefore, it must be the quintessence of the most optimal approaches peculiar to the activities of specialists in this field. In accordance with what it can be assumed that culture in general and legal culture in particular largely determines the main features of the professional culture of lawyers and influences the formation of specialists needed by Russian society to resolve legal problems.

Problem Statement

There are three main approaches to the concept of "culture": anthropological, sociological, philosophical.

In accordance with the first approach, culture is everything that is created by man, whether it can be material objects, external behavior, symbolic behavior or social organization. Culture in the sociological meaning is strong beliefs, values and norms of behavior which organize social connections and make possible a general interpretation of life experience. In the philosophical meaning culture is understood as content or mode of being of society.

In modern scientific research of various authors use all of the above approaches to the definition of culture, and therefore there is ambiguity in the definition of the concept of legal culture. (Pevtsova, 2004, p. 41; Baranov & Okusov, p. 72; Semitko, 1990).

Legal culture covers various aspects of legal relations that are formed in the realities of modern real life. It is possible to define legal culture as a complex of value character, including relations in which a set of knowledge, skills of application, observance and use of laws is realized, and also their deep respect (Alekseev, 1966; Lukasheva, 1964). Considering legal culture in another aspect, it can be presented as "a system of certain legal ideas, moral norms and other spiritual values that form the sense of justice and direct the behavior of social groups, collectives and individuals in accordance with the requirements of socialist law and legality"(Chkhikvadze, 1970).

"Legal culture in the widest meaning of the word, they write, it is the totality of the elements of the legal superstructure in their actual functioning. Legal culture in the narrow meaning of the word is a phenomenon that expresses the development of the social qualities of the individual (the subject of law) characterizing its sense of justice, the level and nature of mastering or transforming its social essence, social experience "(Avseev, et al, 1979).

Legal culture – is a social phenomenon, it acts as a part of the culture of society and embodies a set of necessary legal means in demand in societies of the transition period. That is, it absorbs a wide range of legal approaches used to resolve conflicts that arise in the sphere of social relations.

Legal culture reflects specific content, which is characteristic only of this phenomenon of mankind culture. This category, along with other concepts that characterize the legal reality, includes the subjects involved in legal relations. It expresses the level of legal development of the provisions contained in legislative acts, the degree of mastering the various legal means used to implement legitimate interests and preferences of participants in legal relations.

Simultaneously, legal culture has a specific historical character, because the subjective qualities of participants in legal relations express the objective dependence of their most important characteristics on the stage of historical development of a particular country or society.

Within the legal culture, it is possible to single out narrower segments depending on the subjects exercising their powers in the field of professional activity, that is, the question arises of delineating the general field of legal culture into separate layers of professional culture.

Professional culture as shown by the methodological review of research in this area is represented by successive investigations of its various aspects, that is, the narrow sphere within which specific features of activity are realized, namely: pedagogical, professional pedagogical, historical pedagogical, professional-creative, ethical, physical, technological, humanitarian, etc.

Research Questions

The variety of approaches to resolving the issues of determining the role of professional culture within the framework of public relations, regulated by the rules of law, indicates that this problem is topical and its study can provide the necessary foundations for the further development of a system of professional activities covering important aspects of interaction between various participants of legal relations. Thus, it is possible to identify key provisions in the field of law enforcement practice as an essential lever for influencing the implementation of the requirements of Russian legislation.

Purpose of the Study

The high level of relevance of the issue under consideration implies the allocation of the most important areas of research, which include ensuring the proper quality of vocational training, the formation of a single methodologically and practically justified categorical apparatus among the specialists, the ability to substantiate their legal approaches, logically consistently and reasonably construct oral and written speech, and also the creativity of approaches to resolving legal on the basis of human values of Humanism in accordance with the requirements of ethics and morality.

Research Methods

Methodological approaches are applied to solve the issues of the said subject, which are of a philosophical-legal and system-structural character. In addition, the scientific development uses a method of comparative analysis, sociological designation, as well as historical and cultural comparison. These methods directly affect on the comprehensiveness and completeness of the study of the questions posed.

Findings

Ensuring the proper quality of education is determined by the educational policy implemented in the Russian Federation and directly by educational institutions.

Thus, St. Petersburg Polytechnic University, Peter the Great, has an efficient program of training qualified specialists. For a long time within the framework of this institution of higher education, various innovative techniques and methods of organizing the educational process, their influence on the formation of graduate competences are being conducted (Chernyavskaya, 2017; Bakaev, 2016). These researches are reflected in the numerous works of professors and teachers of the university. They deal with important aspects of advanced technologies used in the teaching of disciplines. The possibility of using distance learning, the use of online courses in the educational process is analyzed (Ivanova, 2015; Bakaev, Kalmikova, 2018), in addition, the implementation of networked educational programs (Pechkovskaya etc., 2016), the methods of combining the basic cycle of education and additional educational programs are applied (Krepkaya, 2010), other ways of reforming analyzed the higher education (Khvatova & Dushina, 2017, Almazova, Kostina, & Khalyapina, 2016, Zhigadlo & Odinokaya, 2017; Zemlinskaya & Fersman 2016).

Traditional methods of training specialists are being implemented and modern methods of integrating non-formal education and academic mobility programs in the educational process are also actively used. (Krasnoshchekov & Masurenko, 2017; Krasnoshchekov, Dyatlova, & Taidi, 2017; Arseneva etc, 2017; Duschina, Khvatova, & Nikolaenko, 2018; Khvatova & Block, 2017) It points to the need for "active implementation of interdisciplinary connections in the higher education system" (Almazova, Baranova, & Khalyapina, 2017). It is proposed to introduce a new system for assessing the effectiveness of the educational process (Krasovskaya, 2011; Block & Khvatova, 2016; Mazurenko & Staroselskaya, 2016).

It should be said that the level of professional competence of persons involved in resolving controversial situational moments is largely due to the main culture attitudes of the specialist. This circumstance affects the degree of combination of general cultural concepts with the professional foundations used to regulate social relations in a specific area of human life.

Legal views of Lawyers are largely due to the personal qualities of man, which is the product of a long process of education in a particular cultural and social environment.

Professional approaches of specialists to some extent reflect the results of influence on these individuals by the faculty of higher educational institutions, where lawyers receive higher education, which allows them to realize their individual qualities to resolve issues arising in the daily activities of both organizations and individual members of Russian society. It is important to emphasize the aspect of subjective dependence of the level of professional preparedness of employees carrying out their legal activities from the requirements set in the organization of the educational process in specific higher educational institutions of the Russian Federation.

It can be said that the degree of preparedness of lawyers expresses those fundamental legal approaches that are adhered to by persons engaged in the learning process in a particular Higher Educational Institution on the basis of their legal preferences in the framework of traditional adherence to one or other conceptual views on the same legal aspect in the field one of the disciplines of jurisprudence. That is, the level of professional competence of specialists has a significant deep-time conditioning and is largely related to the most general categories of legal sciences that were developed during long periods of time of human civilization.

However, it should be noted that the immediate socio-political and cultural environment influences the priority of certain facets of legal activity, implemented in a specific situation or a specific area of issues are being resolved.

The lawyers, who resolve issues, objectively interacts with the variety of social, economic, cultural factors which is characteristic for a certain stage of development of human society and in the activity of specialists in the area of legal relations finds the priority concepts of a culturological nature, inherent in the socio-political structure of the state or of certain social formation whose interests to a greater or lesser extent, in the framework of professional activity.

At the same time, not only factors in this area affect the professional aspects implemented by a specific person in the field of law enforcement.

Any area of knowledge is based on a certain categorical area, which reflects the features of the professional activities of persons engaged in the development of special knowledge with the purpose of their application in practical reality.

Language expressions of categorical form are usually closely connected with cultural concepts inherent in a certain stage of development of society as a whole and its separate areas.

Specializing in the study of methods and approaches used in the field of law, specialists strive to develop the most effective methods and methods of real impact on the objects of the cultural and sociological environment emerging in a particular period of time.

Professional approaches characteristic of special areas of human cognitive activity have their own characteristics, corresponding to the specifics of the sphere in which a particular person realizes his subjective and objective qualities in order to obtain the most significant result.

Following this message, we can assume that the people engaged in practical activities in the field of law, seek to develop professional skills in the most relevant features of the sector of public life. Thereby, specialists involved in the legal regulation of public relations, trying to create a set of skills that allows them to most successfully master the optimal approaches to solving problems arising in this area.

For specialists who are involved in law, it is typical that all of them must possess a sufficiently necessary volume of special expressions that enable lawyers to most accurately and comprehensively assess certain phenomena arising in the field of professional activity, which allows qualified workers in the field of legal relations successfully implement their knowledge in the implementation of specific types of legal activities.

Moreover, a very important aspect for persons dealing with legal issues is the availability of a set of competencies necessary for the professional implementation of their duties in a specific sphere of legal relations. Because the formation of appropriate competencies for lawyers suggests that these workers can, based on their professional level, create legal prerequisites for the positive resolution of issues arising in the course of the activities of legal entities.

The level of professional competence of these entities is largely due to the extent to which specific lawyers master the categorical apparatus used in various legal processes in accordance with the specifics of the tasks being solved.

Legal categories used in the field of legal activity, have a particular specificity of their fill, and these concepts may be arbitrarily used to resolve issues other branches of law, as these circumstances indicate that the problems of specific legal relationships associated with their clearly defined in another area of law enforcement practice.

Based on the above, it can be assumed that the content of specific legal definitions largely reflects the diversity of legal relations that cover a very wide range of public relations.

The professional culture of a lawyer always manifests itself in the way in which it applies the basic legal concepts in its speeches or documents formed by specialists in the field of jurisprudence in resolving issues and tasks arising in the daily activities of government power structures, local authorities, commercial and non-commercial legal entities, as well as individual entrepreneurs.

Often originality of approach legal workers to assess the situation arising in the business and economic activities allows to actualize an important aspect of a specific problem that requires modern resolution, which significantly changes the emerging legal situation in favor of an interested party in the legal relationship or levels out the severity of conflicts between economic agents, which positively affects various aspects of social activity in our country.

In addition, an important aspect in the implementation of the professional competence of lawyers is the quality of the ability to argue their positions on the basis of the norms of the current law and those significant moments that are specific to the specific legal situation that has developed within the framework of relations between various parties in the course of public activities. Argumentation of the provisions that the specialist in the field of jurisprudence represents directly affects the credibility of the concepts presented by the opposite party. Often, when considering disputes in pre-trial and judicial instances, a logically constructed system of arguments allows to induce participants of a certain legal relationship to reach a consensus that satisfies the most important positions of the parties presenting their arguments in support of certain legal assumptions.

The argument of specific legal concepts should be based both on the main provisions of legal acts used in the process of legal relations, and on the logical conclusions of the parties trying to convince representatives of interested legal entities, individual entrepreneurs and citizens in adopting the proposed options for resolving conflict situations.

The legal competence of specialists dealing with jurisprudence is directly related to the ability to build a logically consistent design, based both on the rules of law and on the objective circumstances that develop in the process of economic, social, political, cultural activities of certain groups and formation of Russian society or organizations interested in solving problems arising in the area of their interests.

Specialist-lawyer always disputes or problems based on an individual assessment of aspects that characterize the essence of the case or issue. At the same time, professional lawyers should abstract from approaches that do not have a legal categorical basis. Because in such a case, the assessment of legal circumstances will differ significantly from the fundamental concepts underlying the requirements adopted in this branch of law.

The question of distinguishing a fully professional approach to resolving specific legal problems and assessing the legal situation in accordance with the individual legal consciousness of a lawyer is very complicated because the law is a subjective result of the activities of many generations of human society and it can in fact not at the exact moment have sufficient justifications to apply it in a specific situation.

It seems possible, on the basis of this position, to resolve problems that are urgent, taking into account the lack of elaboration of the legal aspect of the issue, to a specialist, guided by the general cultural legal requirements adopted in this system of social relations. But this approach can take place in a few cases and based on the fact that the level of professional competence of lawyers corresponds quite high demands on the part of society to the professionals involved in this type of activity.

In the process of implementation of public relations, professional lawyers should take into account the most essential concepts of the legal system of a specific country, because such an approach lies basically in the line of legal regulation of the most important social relations and reflects the system of value representations of members of society about the validity, expediency and validity of legal decisions in various areas.

Ability and expertise of lawyers to be transformed within a changing system of legal submissions in accordance with the stages of development of a state. This is due to an actual element of the relationship influence the legal mechanisms of regulation of various relationships in a society with the cultural representations of nature, which are most important in a certain period of existence of a specific socio-historical community.

This aspect finds its visible confirmation at the present moment, characteristic of the Russian statehood. Rapid changes in the economic, political, social and cultural spheres directly affected the most important elements of the legal system of the Russian Federation. Over the last twenty years can be seen fundamental changes in the legal approach on all aspects of Russian society, which is reflected in the almost complete renewal of the legal methods, techniques and methods that are used to regulate the economic, social and cultural issues facing our society.

This circumstance is reflected in the requirements for the professional training of employees necessary to solve legal problems that are in demand in numerous government management structures, local authorities, various legal entities, as well as to protect and implement a wide range of interests of ordinary members of society.

Conclusion

The analysis of the professional competent culture of modern lawyers is based on those conceptual relies on that are carried out by Russian society in all aspects of their life activity. It should be said that the deeply changes in the political, economic and social areas of our state's existence led to changes in the assessment of the success of the work of legal experts, since the expansion of freedom of economic, political and cultural activity led to the emergence of fundamentally different aspects, which find their expression in the regulation of legal relations that are formed in the modern period of time in the Russian Federation.

The competence of professionals - lawyers is largely determined not by the level of their preparedness in higher education and the practical results of their participation in the resolution of complex issues that require legal assessment, and effective control by means of the law of the most important processes occurring in general in the Russian society and in some of its segments.

The complication of this problem lies in the fact that a lawyer can be brilliantly prepared from a theoretical point of view in the implementation of specialized educational programs in a higher educational institution, but, on the other hand, this specialist can’t timely orient in solving a specific practical problem that arising in front of them on the basis of the focus of the activities of a legal entity in which they carry out their professional duties. Such situations are often meet in everyday procedure and negatively affect the assessment of the professional qualities of a specialist in the field of law, because they are largely related to the effectiveness of economic and economic approaches implemented by a specific subject of legal relations.

Mentioned problem is very acute character and influences those transformational changes taking place in the sphere of professional competence culture inherent in the current stage of development of the legal system of Russian society. On the basis of this situation, it is possible to offer much more attention in the system of teaching legal knowledge for the specialists of the above-mentioned industry to practical applications of those basic concepts of a legal nature that are offered to students studying at higher educational institutions that produce specialists in the field of jurisprudence.

Law, being a very complicated system covering many branches and spheres, cannot spontaneously regulate the complex of social relations that are implemented in the process of life of the Russian people as a whole or individual system and social communities. Professional lawyers are due to the specifics of its activities representatives of the state authorities, local governments, separate legal entities and citizens, as well as individual entrepreneurs, should take into account the fact that their position is most required to reflect the depth of the essential interests of all subjects of public relations, at the same time, in reality almost unattainable is a complete combination of various preferences, specific to the participants of legal relations, which exercise their powers in the legal field, has developed in modern Russian society.

Interoperability interests and positions of the parties of legal activity acts as an obligatory element of the integrity of the economic, economic, political, and cultural functions carried out within the framework of a single state. This position is largely due to the flexibility of lawyers' approaches to resolving situations that repeatedly arise in real life to the present stage of development of the country's national economic complex.

The flexibility of the position of lawyers in the implementation of legal relations should be combined not only with a sufficiently high level of knowledge in a particular branch of law, but also with the ability to respond quickly to changing circumstances, which is characteristic of the realities of the present moment of the economic and social reality of the Russian government. It is no secret that many of the legal provisions contained in the specific laws and regulations, carry a collision impending their implementation in practice, so it is often on the validity of the positions of professionals in the field of law depends on what results will be achieved by one or another participant in social production in the exercise of their priority interests.

Highly qualified lawyers can get the most out of the most critical situation for organizations or individual entrepreneurs, as well as state authorities and local self-government, which they represent in certain legal relationships arising from specific aspects of the implementation of the rule of law. It is important that professionals - lawyers are the authority, which they earned during the previous activities in the resolution of disputes involving legal considerations a certain direction, a positive impact on improving the most unfavorable legal position, in which there were certain members of public relations.

For the modern stage of development of the Russian society is typical to this phenomenon as the permanence of the processes affecting the essential interests and reflect the transience of situational changes. Due to the role of the professional lawyers increases substantially in the context of the riskiness of a number of transactions, directly influencing the financial and economic sustainability of participants in economic activities, because at the time the proposed legal solutions to those or other issues that arise in business, avoid property-related losses and ensure an acceptable level of stability of functioning of the specific legal entities or a significant number of individual entrepreneurs.

Thereby positively change the environment of the existence of many participants in the economic space within the framework of Russian statehood and create real opportunities for the improvement of the legal terms of implementation of the various aspects of economic, social and cultural nature of life a wide range of representatives of the active population.

Taking into account the expressed the objective of raising the level of professional culture of legal professionals is to make qualitative changes in the process of training future lawyers so that workers in this branch of knowledge fully meet the requirements of the changing legal environment and could improve their professional skills within the legal system of Russian society; Also, it is required to define a clear stable system of legal categories; formulate those ethical requirements that fully correspond to the challenges of the time.

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