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Security Issues
Reference:
Kirlan M.
Professional moral deformation of lawyers as a threat to public safety: new challenges for the education system
// Security Issues.
2024. ¹ 2.
P. 67-80.
DOI: 10.25136/2409-7543.2024.2.70709 EDN: ENOWOA URL: https://en.nbpublish.com/library_read_article.php?id=70709
Professional moral deformation of lawyers as a threat to public safety: new challenges for the education system
DOI: 10.25136/2409-7543.2024.2.70709EDN: ENOWOAReceived: 12-05-2024Published: 03-07-2024Abstract: The subject of this study is the problems of professional moral deformation of lawyers, acting as a threat to public safety. The purpose of the study is to identify the main factors influencing the occurrence and development of this negative phenomenon, and ways to minimize them. In the course of the study, an analysis of points of view regarding the moral character of a lawyer was carried out, and the main positive qualities that he should possess were identified. The high social significance of the legal profession has been established, since in fact its implementation takes place according to the "man-man" model. The analysis of the influence of employers on the professional moral deformation of lawyers was carried out by studying the information field and vacancies of the well-known aggregator "Head Hunter" and revealed the significant impact of the labor market on the negative phenomenon under consideration. The methodology of the research consists in the application of methods of analysis and synthesis, systematization, formal legal, dialectical and other methods. Digital services such as Wordstat were used to implement these methods. The author also used such information sources as Yandex and Head Hunter. The study follows the principles of logic and structuring. The scientific novelty of this study is to highlight the actual problems of professional moral deformation of lawyers as a threat to public safety. Practical recommendations have been accumulated regarding the improvement of the legal education system. In particular, it is recommended that the university conduct mandatory career guidance for applicants, since it is extremely important to determine the motivation of an applicant to enroll in the Law School. It is necessary to introduce the discipline "Fundamentals of professional ethics of a lawyer" into the educational program for the training of lawyers. It was revealed that only 35% of the universities studied have such a discipline. It is also required to approve the professional standard "Lawyer". It seems necessary to improve the Draft Order of the Ministry of Labor and Social Protection of the Russian Federation "On the approval of the professional standard "Lawyer" in terms of the moral and ethical component and psychological stability of lawyers. It is also recommended to introduce psychological trainings at the university level. Leading psychologists have developed various correctional and developmental programs that are aimed at reducing the level of aggression and contribute to the stability of the individual to professional deformations. This list of recommendations is not exhaustive. Keywords: public safety, morality, formalism, Nihilism, education, lawyer, graduate student, the labor market, deformation, safetyThis article is automatically translated. Professional moral deformation is characteristic of many currently existing professions. Nevertheless, it is necessary to know about the main factors that influence its emergence and development in order to make strategically important decisions regarding the educational system, which, as I.A. Stetsenko rightly notes [14], significantly affects the spread of this phenomenon. It is worth agreeing with A.M. Murtazaliev that deformation, acting as an undesirable quality, can reduce the level of professional suitability, since it affects the final results of human activity [8]. The relevance of analyzing the factors of the emergence and development of professional moral deformation of lawyers is becoming more and more obvious every day, as society increasingly enters into contractual relations, encounters the law enforcement and judicial system, local governments, implements acts of law enforcement, etc. – it is difficult even to list the number of "points of contact" of a person with the law. This allows us to speak about the high social significance of the legal profession, since in fact its implementation takes place according to the "man-man" model. A fairly large number of studies are devoted to the study of the moral character of a lawyer (Table 1), which is due in some cases to the special legal status of persons working in the legal profession. Thus, in federal laws No. 3132-1 dated 26.06.1992 "On the Status of Judges in the Russian Federation", No. 2202-1 dated 17.01.1992 "On the Prosecutor's Office of the Russian Federation", No. 63-FZ dated 31.05.2002 "On Advocacy and Advocacy in the Russian Federation", as well as in ethical codes (for example, the Code of Judicial Ethics (approved The VIII All-Russian Congress of Judges on 12/19/2012), the Code of Professional Ethics of a Lawyer (adopted by the I All-Russian Congress of Lawyers on 01/31/2003)) established the moral and ethical foundations of such socially important professions as a lawyer, investigator, prosecutor, judge.
Table 1 Research on the moral character of a lawyer
Source: compiled by the author based on the analysis of available research.
It is difficult to disagree with the presented points of view, especially in terms of the significant impact of the educational process on the moral character of a lawyer. In conditions of high demands on a lawyer, his moral and ethical qualities, the statement of I.A. Chemerilova and A.V. Semenov is true that there are certain risks to public safety due to the possibility of psychological crises or instability of the legal consciousness of such a socially significant group of people as lawyers in conditions of dynamically transforming political and economic processes [15]. In addition, during the training process and subsequently the professional activity of a lawyer, according to the author's survey, almost 90% of graduates change their idea of the profession after five years, which may indicate the shortcomings of both the educational program and existing problems in the labor sphere. This is confirmed by an express analysis of the information field: according to the Vordstat service.Yandex"a popular myth in the legal field among those who are employed, "forget what you were taught", is widely propagandized by the media and requested by young lawyers themselves, obviously, as experts note, "generating fears, insecurity and high adaptability to an aggressive professional environment", which can lead to the loss of the main moral qualities of a lawyer [10]. It is noteworthy that the surge in such requests occurs in October – actually 3 months after the end of the school year.
Figure 1 Analysis of queries on the phrase "forget what you were taught, lawyer", July 2022 – January 2024.
Source: according to the Vordstat service.Yandex."
Therefore, we can agree with E.D. Plaksin, N.V. Plaksina and N.S. Efimova, who consider the degree of security of this profession and for the person himself to be insufficient, which should be understood as the person's sense of security and knowledge about its provision in the professional field [9]. Thus, the professional moral deformation of a lawyer should be understood as the transformation of his legal consciousness into an antisocial, sometimes deviant form, which is due to the process of obtaining education and later – work. A fairly large number of studies have been devoted to identifying the causes of this phenomenon among lawyers. For example, A. Z. Yafaeva, A. S. Sattarova, E. A. Egorysheva believe that the personality of a young lawyer can be influenced by the transformation of the role of the law in dynamically changing economic and political conditions, distortion of legal views, the presence of high-profile precedents of violations of the Constitution of the Russian Federation by members of society in relation to basic human rights [16]. Accumulating the available research in the field of studying the causes of professional moral deformation from the perspective of public safety, a matrix of risks of their occurrence for the main categories of the legal profession was compiled (Table 2).
Table 2 The matrix of risks of the emergence of factors of professional moral security in the main categories of the legal profession
Source: compiled by the author based on the analysis of the presented studies.
As can be seen, professions directly related to the protection of human rights are at high risk, which confirms the hypothesis that, with mass participation, the professional moral deformation of a lawyer can have a significant impact on public safety. Let's consider these factors through the prism of the requirements imposed on a lawyer by employers. As of the date of the analysis (30.04.2024), 22141 legal vacancies were posted on the well-known job search resource Head Hunter. Based on them, within the framework of this study, an attempt was made (by a simple search) to identify the most striking professional moral deformations actually imposed by employers, and, accordingly, reflected in the legal education system (Table 3)
Table 3 Analysis of vacancies posted by employers for the purpose of requesting competencies from lawyers that may affect the occurrence of a factor of professional moral deformation
Source: compiled by the author based on the analysis of available research [1, 4, 11, 13].
Thus, the analysis showed that the labor market lays the foundation for the formation of factors of professional moral deformation of a lawyer due to the presence of a request from them to a certain extent not to follow a number of ethical standards or to work in conditions of increased stress and employment. In this regard, one of the directions of legal education should be to ensure the future lawyer's own professional safety. "Personal readiness for safe professional activity is a subjective state of a person who considers himself capable and prepared to perform professional tasks without prejudice to himself, other people and the environment" [6]. As mentioned above, not a few studies have been conducted on the problem of moral character. In this regard, it seems advisable to introduce the best practices into the legal education system in terms of the formation of ethical competencies and moral stability of modern lawyers. In particular: 1. Conducting mandatory career guidance work by the university in relation to applicants. It is extremely important to determine the motivation of the applicant to enter the Faculty of Law. Safe types of professional motivation include situational (when a person chooses a university due to the influence of any external or household factors on him), conformist (influence on the choice is carried out by an authoritative group of people for a person) and compensatory (profession is considered as an opportunity to overcome its weaknesses) types. The university should identify criminal (characterized by a desire to use legal knowledge for antisocial actions) and criminalistic (characterized already in a clear violation of public order) [7] types of motivation and be able to "work" with them. For example, in particular, to provide an opportunity for an applicant to change his decision on admission to the legal field, to provide him with a psychologist in the field of career guidance, who will try to adjust the type of motivation. 2. Introduction to the educational program for the training of lawyers of the discipline "Fundamentals of professional ethics of a lawyer". The study found that, according to the RAEX Agency, of the top 20 universities teaching law, only 35% of the universities studied have such a discipline. These include MGIMO, HSE, KFU, and Russian University of Economics. Plekhanov , etc . However, we believe that this discipline is necessary for teaching in the first year of study, since it is very important to lay the foundations for the formation of a decent moral image of a future lawyer at the beginning of training. 3. Adoption of the professional standard "Lawyer". Currently, only four professional standards related to the legal profession are published on the website of the Ministry of Labor and Social Protection of the Russian Federation: "Specialist in the field of prevention of corruption offenses", "Specialist in real estate transactions", "Specialist in competition law", "Forensic investigator", while insufficient attention is paid to moral and ethical qualities and their correlation with professional competencies. It seems necessary to improve the Draft Order of the Ministry of Labor and Social Protection of the Russian Federation "On approval of the professional standard "Lawyer"" (prepared by the Ministry of Labor of the Russian Federation on 03/27/2020) in terms of the moral and ethical component and psychological stability of lawyers. 4. Introduction of psychological trainings at the university level. Leading psychologists have developed various correctional and developmental programs that are based on the principles of support, the right to choose, creativity, and self-preservation. They are aimed at reducing the level of aggression and anxiety, which are actually the basis of professional deformation [12]. Thanks to seminars, trainings, and game elements, participants of such programs will be able to treat themselves and others with understanding, and find a way out of emerging professional problems. It seems that the introduction of such trainings at the university level will have a beneficial effect on the development of the psychological stability of lawyers. Of course, this list of recommendations is not exhaustive, but it can lay the foundations for managing the professional moral deformation of a lawyer to ensure the public safety of our country. References
1. Andreeva, O. A., & Vasilkova, E. A. (2023). Formation of self-identity and identity among students in the process of legal education. Legal education and science, 3, 14-18.
2. Volostnova, T.I. (2022). legal culture in the educational process of law college students. Humanitarian and political-legal studies, 1(16), 16-23. 3. Volynets, K.V. (2014). Reasonableness of the law enforcer. Criminal justice, 1(3), 94-96. 4. Gerzog, T. Yu. (2021). Legal awareness of citizens and the problem of legal information burnout. Current problems of state and law, 5(20), 616-626. 5. Kamaletdinov, E. S. (2013). Moral aspects of a lawyer’s activities: modern dimension. Bulletin of the Bashkir University, 18(1), 217-219. 6. Malko A.V., & Zryachkin A.N. (2021). Defects of legal culture and legal responsibility. Legal culture, 1(44), 22-30. 7. Melnikov, V. M. (2021). Professional deformation of personality in legal activity. Modern science: current problems of theory and practice. Series: Cognition, 3, 60-62. 8. Murtazaliev, A. M. (2021). Problems of legal education and ensuring the quality of training of lawyers in a regional vision. Legal Bulletin of the Dagestan State University, 40(4), 7-16. 9. Plaksin, E. D., Efimova, N. S., & Plaksina, N. V. (2014). Professional deformation of lawyers as a threat to personal safety in the profession. Advances in chemistry and chemical technology, 7(156), 92-95. 10. Pletnikov, V. S. (2023). Problems of the quality of practice-oriented training of lawyers in the conditions of digitalization. Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 3(63), 244-247. 11. Puzyrevsky, R.V., & Tkachenko, N.I., & Nevzorova, A.S. (2021). Psychological, social and normative aspects of assertive behavior of a lawyer’s personality. Innovations. The science. Education, 36, 2303-2310. 12. Slanov, O. T. (2024). Somatic legal consciousness: psychological, pedagogical and philosophical and legal aspects. Legal education and science, 1, 26-33. 13. Stankevich, G. V. (2021). Risks and vulnerabilities in the field of education as priority directions of educational policy. Modern science and innovation, 4(36), 222-229. 14. Stetsenko, I. A. (2022). Problems of improving the quality of professional training of lawyers: reflective analysis and prospects. Society: sociology, psychology, pedagogy, 8(100), 252-256. 15. Chemerilova, I. A., & Semenov, A. V. (2022). Application of humanitarian technologies in the process of developing professionally important qualities of future lawyers. Trends in the development of science and education, 84-5, 41-44. 16. Yafaeva, A.Z., Sattarova, A.S., & Egorysheva, E.A. (2021). Professional deformation of a lawyer’s personality: factors of influence and ways to prevent it. International Journal of Humanities and Natural Sciences, 5-3(56), 119-121.
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Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
4. Introduction of psychological trainings at the university level. Leading psychologists have developed various correctional and developmental programs that are based on the principles of support, the right to choose, creativity, and self-preservation. They are aimed at reducing the level of aggression and anxiety, which are actually the basis of professional deformation [12]. Thanks to seminars, trainings, and game elements, participants of such programs will be able to treat themselves and others with understanding, and find a way out of emerging professional problems. It seems that the introduction of such trainings at the university level will have a beneficial effect on the development of the psychological stability of lawyers. Of course, this list of recommendations is not exhaustive, but it can lay the foundations for managing the professional moral deformation of a lawyer to ensure the public safety of our country"), they are clear, specific, have the properties of reliability, validity and undoubtedly deserve the attention of the scientific community. The interest of the readership in the article submitted for review can be shown primarily by specialists in the field of theory of state and law, educational law, labor law, provided that it is slightly improved: disclosure of the research methodology and elimination of violations in the design of the work.
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia (Andreeva O.A., Vasilkova E.A., Plaksin E.D., Efimova N.S., Plaksina N.V. and others). I would like to note the author's use of a large amount of empirical data, which made it possible to give the study a law enforcement orientation. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the stated problems. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing" |