The Moral and Ethical Component of the Internal Conviction of Law Enforcement Subjects
Abstract
Abstract. The article presents a philosophical and legal analysis of the moral and ethical components of the internal convictions of law enforcement subjects. The relevance of this scientific investigation lies in the fact that internal conviction is one of the most debatable categories of law enforcement activity, where legal norms and moral and ethical principles are closely intertwined, but has not yet been studied at this level from the perspective of morality and ethics. In an effort to compensate for the existing deficit in scientific work, the author set the goal of exploring the concept of internal conviction in a moral and ethical context. Using normative-value analysis, important aspects of professional ethics were identified that relate to the internal beliefs of law enforcement entities (especially judges when making decisions) and their moral responsibility for such decisions, while the application of normative comparative analysis helped to establish the relationship between the instruments of moral, ethical and legal influence on the use of discretionary powers. As a result of the research, the conclusion was drawn that when considering the moral and ethical aspects of internal convictions, it is important to clearly separate moral and ethical and legal responsibility for decisions made on the basis of such convictions; in this process, one should strive for "coevolutionary convergence", that is, the harmonious development of professional ethics of the judiciary and the moral values of society, which is possible through the interaction of the judiciary with the public, however, in a way that improves the legal culture of the population, and not by adapting the former to the latter. The study focused on international documents, recommendations, and conclusions that regulate the principles of ethical behavior of judges. The article is distinguished not only by its theoretical depth, but also by its practical significance, since a full understanding of any phenomenon becomes possible only under the condition of its philosophical and legal analysis, which allows for a comprehensive investigation of both its individual and general components.
Keywords: judicial discretion; internal conviction; discretionary powers; law enforcement subjects; morality; ethics.
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