Law Journal of the National Academy of Internal Affairs

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Vol. 10, No. 1, 2020
  • service law; ethics; ethical standards; ethical criteria; subjects of public law; public legal relations.
  • https://doi.org/10.33270/04201901.68
  • Pages 68-72

The purpose of the article is to evaluate the scientific positions on the impact of ethics on law in general and the structural elements of the law system, in particular, to determine the directions and results of such influence, as well as to clarify the role of ethical foundations in the formation of an effective mechanism of legal regulation of public service. Methodology. Given the goal, specificity of the object and object of study, the methodological basis of the publication is a set of methods that allowed to consider approaches to understanding the role of ethics in law. Formal logic method ‒ to find out the content of employment law. The empirical method was applied in the study of the formation of ethical principles of employment law. Comparative ‒ to compare Ukrainian and foreign approaches to the formation of ethical principles of official law. Scientific novelty is due to the fact that the ethical component is the basis for the formation of the legal system at the axiological, epistemological, praxeological levels. Therefore, the publication substantiates the differences between the concepts of «ethics of law», «legal ethics», «legal ethics» and «legal ethics». Conclusions. An important element of improving the law of service is the ethical component. First, the reduction of the influence of the authorities and religious norms on human behavior, which requires the formation of a new or improvement of the old mechanism of regulation of social relations. Secondly, law and morality in the form of ethics are historically interrelated and the mechanism of their interplay is time-tested. Thirdly, they have an inherent compensatory function ‒ where the right to resolve a social conflict comes to the aid of moral standards, in turn ‒ a decrease in the level of morality due to the peculiarities of social development (diminishing human attention to society through digitization, the emergence of new values) is compensated for due to the consolidation of ethical rules in the rules of law.

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