Maskovita M. Oath of the OVS employee in Ukraine: historical and legal dimension

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003119

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

19-09-2018

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

In the dissertation the complex investigation of historical and legal aspects of the development and functioning of the Institute of oath of employees of the bodies of internal affairs was carried out. The dissertation outlines the main theoretical and methodological approa¬ches to the study of the concept of oath in the form of legal, political and legal dimensions and relations with other concepts. The basic legal features of the concept of "oath" were established, which allowed to determine the essence, content and properties of this category, as well as its purpose in the domestic legal system was revealed. Oath is a legal fact, which is the fulfillment of the official promise to observe and to fulfill the rights and duties in accordance with the position, determining the moment of change of the special legal status of subjects and carried out in a special ritual order on the basis of specialized symbolic actions. The procedure for taking the oath, the essence and specific features of the oath as a legal phenomenon are regulated by a set of rules of law, which constitute an interdisciplinary integrated legal institution. A feasible clas¬sification of the oath as a legal phenomenon. The forms of legal representation of the institute of oath are analyzed. The historical and legal issues of forming the institute of oath of an employee of the internal affairs bodies are disclosed. The periodization of the main stages of the genesis of the institution of the oath of the employee of the bodies of internal affairs in the context of the national history of state formation and law-making has been determined. The peculiarities of the Institute’s oath of the ATS employees (1917–2017) have been determined. The oath as a ritual is an element of the historical tradition of the state, an integral attribute of the national consciousness, legal traditions that have been formed for centuries and constitute a modern legal reality. These phenomena have a profound anthropological meaning, since they are drawn to the deep fields of consciousness, perform not only the right-orientation but also the legal-function. In Ukraine, it was historically formed that the oath was inevitably combined with the code of honor – the most important and most distinctive feature of the whole linguistic-behavioral system. The disclosed structural features of the text are sung by police officers in different countries of the world. The oath of an officer of the internal affairs organs as an integral part of his legal status has been investigated. The role and place of the deontological codes in the increase of their effective implementation and observance of the oath by the representatives of the bodies of internal affairs was determined. The Institute of Oath and Deontological Codes function as in¬terrelated categories. These codes are a means of specifying and clarifying the moral obligations of the oath with a view to their transition to the conscious in¬ternal motive settings of the subject.

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