FORMATION PSYCHOLOGY AS SCIENCE AND ITS INFLUENCE IN SHAPING THE PROCEDURAL LAW: HISTORICAL AND LEGAL ASPECTS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
This article relates to topical problems of modern justice on the psychological adaptation of the trial participants to the peculiarities of procedural form which is hearing because procedural form of judicial session, despite its democratic character based on the discipline of the procedural rules of law and those limitations and rules of court etiquette that is not characteristic of everyday life. The author argues that despite the fact that law schools and faculties today examines legal psychology and legal ethics, yet the data items are general character, without detailing with and without explaining the psychological behavior, actions, actions of each of the trial participants, which is very important for practical work not only judges but also prosecutors, lawyers, notaries, legal advisers, etc., because the trial is not only a legal process that is primarily a psychological process that occurs in every system of proceedings, the order of which is determined procedural law. Psychology is the science of functional activity of the human brain, which aims not only to reflect reality, but also the psychological and physiological state of man's mental reactions to certain life situations. In the development of forensic psychology significant contribution made some Ukrainian Lawyers – philosophers whose thoughts are reduced to the fact that the legislature needs to know the human heart, and so it should make laws considering the psychology of the people, the penalty should be considered as a means of psychological coercion, and the judge must be a psychologist because “punish the offender may only those who understand its nature, purpose and direction of his thoughts”. The author takes the view that an independent forensic psychology the science of knowledge concerning human behavior at the trial of his special procedural form – trial. It is within this specific form of consciousness manifested person, it will, emotions, temperament, attention, memory and other mental phenomena. In addition, these psychological phenomena are invisible procedural and psychological substance, where procedural law regulates procedural – all without technical steps only trial participants, and psychological support following exercise trial participants independently of them unique to individual psychological component. In fact, this study is a prelude to the formation of a new modern science of forensic psychology
Authors and Affiliations
М. М. , Ясинок
Keywords
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