THE PHENOMENON OF LEGAL INDIFFERENCE IN THE SOCIAL SPACE: THE TENDENCY INTERACTION OF HUMANITY AND STATE-CREATING PATRIOTISM OF NATION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 71)Publication Date: 2024-01-31
Authors : Karpinsky Borys; Karpinska Olena;
Page : 106-117
Keywords : right; humanity; phenomenon of legal indifference; state-creative patriotism of nation; citizens; trend; war; genocide; responsibility;
Abstract
For the first time, it was discovered and substantiated that the phenomenon of legal indifference is associated with the open (conscious or intentional) absence of a person (or community) of any interest, attention or responsibility regarding the direct consideration of basic legal provisions or norms in the specific context of human activity (group of persons) in public space. The fundamental differences between the signs of humanity and indifference in public space are highlighted. Yes, humanity is a characteristic feature of a person (community), which manifests itself in a specific situation through active empathy for the needs (interests) of another. Indifference is a characteristic psychological and emotional state, when a person shows a lack of interest, emotional response or interest in his own attitude to a certain situation, event, or another person in the public space. Synthesized and substantiated the tendentious interaction of humanity and state-creating patriotism of nation in specific conditions and at different levels: citizen — state. The state-creating patriotism of nation brings a person out of a state of legal indifference, from a position of neglect and loss of interest in the needs of others, maintaining the tendency towards the general civilizational priority of humanity, respect and development. It was highlighted that people's indifference due to efforts to pass by during attacks on outsiders additionally stimulates attackers and aggressors to even more dangerous and criminal intentions, moving to the state level as well. In particular, at the state level, its legal indifference is manifested in insufficient control over compliance with laws and response to legal violations, or insufficient application of justice. At the same time, state-creating patriotism at the state level includes the creation and provision of an effective justice system, protection of the rights and freedoms of citizens, as well as compliance by the state with its own laws and international obligations. It is substantiated that state-creating patriotism at the level of a citizen manifests itself in active participation in public life and compliance with legal norms, while at the state level it manifests itself in the implementation and protection of legal institutions to ensure justice and law and order. It is emphasized that the problem of the manifestation of the phenomenon of legal indifference with a bias towards humanity should be purposefully considered both in the legislative field of Ukraine and international law. It is proved that attention to the phenomenon of right-wing indifference, in addition to purely rational legal aspects, also has a pragmatic side, that is, a specific financial dimension. Thus, a change of only 1% in the level of the shadow economy of the world, due to purposeful limitation and avoidance of the manifestation of the phenomenon of legal indifference, will additionally allow to receive up to 100 billion US dollars in tax revenues for state budgets.
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