Журнал Viche 2009 №21

№21, 2009

To overcome legal nihilizm – task of science and society

That combination of words the «legal state» purchased high-quality maintenance, it is necessary proyti a not simple and protracted way Ukraine. And as quickly we will overcome him, depends on legislators and legal science.Offer to attention of readers of interview of commentator of magazine «Veche» Svitlana Filonenko with the president of Academy of legal sciences, rector of the National legal academy of Ukraine of the name of Yaroslav Wise, by Vasyl by Yakiv TACIEM.

To Vasyl to Yakiv, we are interested by your idea as a president of Academy of legal sciences of Ukraine about development of legal science in the context of its influence on activity of organs which have a right for initiation of bill.

  In accordance with Constitution of Ukraine a right for initiation of bill belongs to President, folk deputies and Cabinet. Level of collaboration between the subjects of initiation of bill and scientific establishments for today is insufficient. Besides responsibility for it is carried by both sides. The subjects of initiation of bill often enough do not take into account or the revisions of legal science scorn straight. The academy of legal sciences tries to change such state of businesses. All scientific establishments of academy are oriented to development of scientific themes, which must decide the major questions of re-erecting of the Ukrainian state, forming of the domestic legal system. The institutes of academy only as a result of last year's researches developed 169 projects legislative acts, changes and additions, to them, for central public authorities over 130 scientific conclusions, recommendations and examinations, were geared-up. The leaders of central and local public authorities are constantly invited for participating in the robot of naukovo-praktichnikh conferences which are conducted by an academy. We satisfy the organs of derzhanoy power own labour of necessity to take into account achievement of legal

sciences. At the same time and research workers sometimes too carry with researches which do not have a practical effect and can not be used public authorities.

– At what terms, from your point of view, can legal science compel society to move in direction of supremacy of right and that is determining for overcoming of political crisis and legal nihilizm?

– Ukrainian society develops under act of many factors – economic, political, legal which in an aggregate determine directions of motion. Among the important tasks of legal science development of doctrine of supremacy of right, terms of its introduction, is in the domestic legal system, research of the mode of legality and law and order.

Society will move in direction of supremacy of right only when will make sure, that realization of this  doctrine will have positive consequences, and that is why the purpose of researches is also drafting of the scientifically grounded prognosis, demonstration of advantages, which are got by society which exists in the conditions of supremacy of right. Overcoming of legal nihilizm which dominates in society is a task which can not be executed instantly, it – on a few decades. Consider the increase of general level of legal formation of population a main condition, beginning from a monogynopaedium, school, studies, in higher educational establishments. The special role in this process is played by preparation of skilled and professional lawyers which the legal system can not normally function without. An important condition is also introduction of the perfect legal adjusting of all subjects of legal relationships, especially public, creation of the effective mode of legality authorities. In this context will make an example of creation of very important law «On normatively legal acts», which was developed the specialists of Academy of legal sciences yet in 1995 year, but until now examined folk deputies.

– 205 years ago a present legal academy was begun with the separation of moral and political sciences of the novoutvorenogo Emperor's Kharkiv university. Tell, please, which from of that time principles of studies and education of young lawyers you would like to pick up thread?

– We support traditions, founded in XIX age. Therefore, as well as at that time, «our» student – it foremost a man with high moral and business qualities, erudite, capable perfected, with a wide world view, patriotic. And, that more main all, ready selflessly to serve society, to protect rights for people and keep the watches of interests of the state. All these qualities are foreseen by a legal regardless of organ, in which it will be to work, profession. Тому під час навчання ми звертаємо увагу не тільки на високий рівень знань, а й на моральні якості особистості, вчинки, що є складовими професійного портрета сучасного юриста.