CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
24
TOPICAL ISSUES OF INCREASING LEGAL CONSCIOUSNESS AND
LEGAL CULTURE
Burxonov Shoxruxbek Shuxratbek o‘g‘li
Huquq magistri (LLM)
e-mail: law.shoxruxburxonov@gmail.com
Shokhrukhbek Burkhonov
Master of Laws (LLM)
e-mail: law.shoxruxburxonov@gmail.com
https://doi.org/10.5281/zenodo.14847876
Annotatsiya:
Mazkur tezis huquqiy ong va huquqiy madaniyatni
oshirishning dolzarb masalalariga hamda huquqiy ong va huquqiy madaniyat
bilan bog‘liq holda yuzaga keladigan ijtimoiy munosabatlar tahliliga
bag‘ishlangan.
Kalit so‘zlar:
jamiyat, ta’lim, huquq, huquqiy ong, huquqiy madaniyat
Аннотация:
Настоящая тезис посвящен актуальным вопросам
повышения правосознания и правовой культуры, а тк же, анализу
общественных отношений, возникающие по поводу правового сознания и
правовой культуры.
Ключевые слова:
общество, образование, право, правосознание,
правовая культура
Abstract:
This thesis is devoted to current issues of increasing legal
awareness and legal culture, as well as the analysis of social relations arising in
relation to legal awareness and legal culture.
Key words:
society, education, law, legal awareness, legal culture
Legal culture is the most multifaceted and little-studied phenomenon in life.
Considering that this is a new direction of research in jurisprudence, maximum
connected with legal culture and legal consciousness, it must be said that legal
culture and legal consciousness are independent elements of civil society and
the rule of law.
The concepts we are considering generally reflect the internal, mental and
spiritual aspects of society, the state of development of law, legal relations,
legality and law and order, law-making, law enforcement and any other legal
activity. In essence, legal culture and legal consciousness are very similar, only in
the first case we are talking about the level of knowledge of law, the way of
behavior of an individual, and in the second case - about the level of
development of society, awareness of the role of law and legal literacy in a more
global sense. The concepts under consideration are closely related to such
development features as socio-cultural, historical types of various ethnic groups,
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
25
social stability and law and order. At the same time, it is by legal culture that the
state of development of society of a particular state is very often assessed.
Considering the legal consciousness of citizens and legal culture in the
theoretical and legal aspect, it can be noted that it is inextricably linked with
legal culture. This thesis can also be supplemented by the fact that science has
well developed the categories of "legal consciousness" and "legal science" as
objective factors of the legal life of people, at the same time, all this work allows
us to turn to the inner world of a person, and determine its subjective
component in behavior.
Scientists note that the ambiguity of understanding legal consciousness and
legal culture leads to a confusion of the content of the category of legal
consciousness with concepts reflecting various aspects and elements of legal
regulation. Legal consciousness seems to exist as an independent legal
phenomenon, but at the same time it is not possible to clearly distinguish it from
other legal phenomena. The lack of certainty in understanding the category of
legal consciousness, the infinitely broad interpretation of its content ultimately
lead the theory of law to obvious logical contradictions. Previously, the category
of legal consciousness was mainly derived by deduction from the philosophical
category of public consciousness. However, with all the advantages of this path,
it conceals the danger of underestimating the circumstance that public
consciousness in itself is not the source or basis of legal consciousness. Scientists
note that a theoretical and legal analysis of the processes of formation and
development of legal consciousness is possible only taking into account the
multifactorial changes occurring in modern society.
For any science, the development of specific concepts and definitions will
be practically useful and in demand. It is in view of this task that scientists
propose to understand legal consciousness as "a set of views, beliefs,
assessments, ideas about law and legality, inherent in society as a whole or a
specific individual. Also, it should be added that the concepts under
consideration include such indicators as the level of knowledge of the law, the
degree of its approval by citizens, the development of skills in legal regulation".
[3]
Favorable trends in the development of public relations and the
determination of the effectiveness of interactions between citizens are closely
related to the increase in the level of legal knowledge.
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
26
The reforms carried out in the Republic of Uzbekistan are aimed at
implementing the main provisions of the "Development Strategy of the New
Uzbekistan for 2022-2026", aimed at improving the public administration
system, which involves "the introduction of effective mechanisms for dialogue
with the people; the development of modern forms of public control, the
development of civil society institutions, increasing their social and political
activity" [1], etc. The essence of the reforms is expressed in the main principle
"It is not the people who should serve government bodies, but government
bodies should serve the people" [2].
One must agree with the opinion of some scientists that “today in legal
science the most common approach to defining legal consciousness is its
interpretation as a set of views, assessments and emotions, through which the
attitude of a person and public associations to the current law is expressed” [4]
According to O. Skakun, "legal consciousness directs it to certain changes in
the legal environment, predicts and models them" [5]. The rationality of this
opinion leaves no doubt. But it should be noted that the legal consciousness is
excessively applied, since not in every life situation and not in every person does
legal consciousness allow one to foresee and compare everything. Accordingly,
this opinion is correct only for certain life situations and types of behavior.
Other scientists believe (A. Kolotov) that “with the length and multifaceted
nature of studies of legal consciousness, the content of this category still remains
rather vague and intersects with the content of other concepts and categories of
the theory of law. Normative and regulatory properties and functions are often
attributed to legal consciousness; the formation of legal order is often indicated
as the goals of legal consciousness” [6], etc. However, it must be recognized that
the lack of clarity in the understanding of the category of legal consciousness,
the infinitely broad interpretation of its content ultimately lead the theory of law
to obvious logical contradictions” [7]. Domestic scientist I.V. Kudryavtsev
emphasizes the special role of legal consciousness and legal culture as the
“basis” for the development of civil society. The scientist expresses a liberal and
at the same time meaningful position regarding the views of scientists on the
modern development of the concepts under consideration [8].
In the scientific sense, "the category of legal consciousness was mainly
derived by deduction from the philosophical category of public consciousness.
However, with all the advantages of this path, it contains the danger of
underestimating the fact that public consciousness in itself is not the source or
basis of legal consciousness. It should also be noted that a theoretical and legal
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
27
analysis of the processes of formation and development of legal consciousness is
possible only by taking into account the multifactorial nature of the changes
taking place in modern society" [9].
Thus, we can make a short conclusion that legal awareness and legal culture
are complex and multifaceted social institutions formed due to the development
of psychology and law. The legislator in this matter tries not to miss the
implementation of tasks in the sphere of increasing legal culture, but often the
legal awareness of each citizen remains outside the scope of attention, because
for each person to carry out this or that event will rather be not practical, but
labor-intensive. In view of this, the mass character of increasing legal culture is
justified, and in some part the improvement of legal awareness of citizens by
improving individual aspects of their lives (education, labor activity,
improvement of guarantees of other social and economic rights of citizens).
We should agree with the opinion of domestic scientists that it seems
important to "also pay attention to the psychology of a person, as an individual
who has his own category of needs in life. Very often we have to admit that a
person is ready to adapt to certain rules of life (including legal norms), if certain
comfortable conditions are created for him (for his development). Here, a
system of mutual consideration of the interests of the state and society works.
Achieving a balance in this work will allow more effectively to promote the
values of law among society, explaining the law and the entire system of
legislation primarily as incentives to ensure citizens a decent and prosperous
life."
It is very important to distinguish between the concepts of “conditions” and
“incentives” [10]. “Incentives should be benefits, improvements in material or
other conditions, a call from society to help strengthen law and order.
Conditions should be formed based on the state’s ability to ensure a decent life
for citizens. All these factors taken together would allow for a constant increase
in citizens’ legal awareness, starting from an early age” [11].
In general, agreeing with the opinions of scientists, it should be added that,
nevertheless, in legal science, in a certain sense, modern trends in the
development of legal consciousness and legal culture have not been developed.
Each scientist has his own position on these concepts, which may sometimes
contradict the position of another scientist. And all state activity in the field of
raising the legal culture of society is aimed mainly at conducting educational
events, growing spiritual and cultural principles, without studying the material
and urgent needs of life of society. It would be fair to note that this problem
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
28
exists not only in the Republic of Uzbekistan, but also in many other countries.
At the same time, we do not defend the idea of an "unlimited" way to satisfy
absolutely all the needs of the very essence of man, because this is impossible.
But at the same time, many socio-economic aspects of the lives of citizens need
to be improved, which, in our opinion, will have a favorable effect on the level of
the legal culture of society.
A person without legal awareness will live by his own arbitrariness and
tolerate arbitrariness from others. In this regard, it is very important to give a
new meaning to the concept of "legal education" as a purposeful, controlled and
deliberate process of influencing people's consciousness in order to achieve a
high level of legal awareness and legal culture [12].
In formulating conclusions on this scientific thesis, we propose to highlight
a number of proposals for improving the legal consciousness and legal culture of
citizens of the republic:
- it is necessary to expand and improve legal education in the Republic of
Uzbekistan using ICT capabilities;
- legal education and all activities to improve legal culture in society should
be specific, targeted and focused on society (especially young people);
- legal education should be organized and financially supported by the
state;
- the effectiveness of legal education can be ensured by studying the actual
achieved results of work with society in general and individually and in
comparison with the problems existing in this area;
- legal culture should be promoted in society as a socially and economically
advantageous option for behavior in society.
Adabiyotlar / Литература / Reference:
1. Mirziyoyev Sh.M. "Strategy of Actions of Uzbekistan for 2017-2021." Tashkent.
2017.
2. Mirziyoyev Sh.M. "We will all build a free, democratic and prosperous state of
Uzbekistan: speech at the inauguration ceremony of the President of the
Republic of Uzbekistan at a joint session of the chambers of the Oliy Majlis."
Tashkent, 2016. - P. 45.
3. Kudryavtsev I.V. Modern trends in the development of the state and law //
Textbook. Editor-in-chief: Z.M. Islamov, Doctor of Law, Professor. - Tashkent:
Publishing house of TSUL, 2016. - 285 p.
4. The Great Legal Encyclopedia / V.V. Avanesyan, S.V. Andreeva, E.V. Belyakova
and others; designed by A. Musina. M., 2007. S. 463.
5. Skakun O. F. Theory of State and Law: textbook. Kharkov, 2011. S. 462.
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
29
6. Kolotov A. F. Legal consciousness: concept, structure, functions. Orenburg:
Moscow State Law Academy, 2007. 76 p. – S. 18.
7. Petrov A. V. Modern Russian theory of the essence of law // Bulletin of the
Nizhny Novgorod University named after N. I. Lobachevsky. Series. Law. 2006.
Issue 1 (9). Problems of development and functioning of the legal system of
society. S. 68–91.
8. Kudryavtsev I. V. Legal culture and legal consciousness. Study guide. – T.:
TSULU, 2021, 153 p.
9. Buklova Z. K. Legal consciousness in the modern information society:
theoretical and legal analysis. Diss. Cand. Sci. (Law). 2011, Moscow // Source:
https://www.dissercat.com/content/pravosoznanie-v-sovremennom
nformatsionnom-obshchestve
10. Kudryavtsev I. V. Modern trends in the development of law: Textbook -
Tashkent: TSUL, 2021. - 254 p.
11. Kudryavtsev I. V. Legal culture and legal consciousness. Textbook. - T .: TSUL,
2021 p. 18. 12. Pevtsova E. A. Modern definitional approaches to legal culture
and legal consciousness // Journal of Russian Law. - M., 2014. - No. 3. - P. 14-23.
