Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 10/06/23 Aceptado el 15/09/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
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ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
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Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
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Co mi té Ase sor
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Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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Vol. 41, Nº 79 (2023), 103-112
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Competencies in education
through the development of the
individual’s legal awareness in the
conditions of a modern society
DOI: https://doi.org/10.46398/cuestpol.4179.07
Svitlana Kryshtanovych *
Taisiia Ratushna **
Nataliia Chubinska ***
Myron Oleksiuk ****
Oleksandra Kachmar *****
Yevheniia Yemelianenko ******
Abstract
The main objective of the article is the study of competence
formation in higher education through the development of
the individual’s legal awareness. The process of the research
involved the use of methods of analysis of the main aspects of competence
formation in an institution of higher education. Legal consciousness is
one of the most important forms of a person’s consciousness, along with
political consciousness, morality, art, religion, science and philosophy.
For sustainable existence and development, it is not enough to expect
everyone to behave correctly. There must be trust, which is created by the
legal system, consisting of binding laws, rules and principles in force, which
regulate the rights and obligations of citizens. As a result, the key aspects
of competence formation in higher education through the development of
legal awareness were characterized. The authors conclude that the ability to
comply with the requirements of law and morality, should be considered as
* Faculty of Postgraduate and Correspondence Education, Lviv State University of Physical Culture
named after Ivan Boberskyj, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-2147-9028.
Email: svitlana.kryshtanovych@gmail.com
** Department of Sociology Zaporizhzhia National University, Zaporizhzhia, Ukraine. ORCID ID: https://
orcid.org/0000-0001-7351-6647. Email: ovdjik11@outlook.com
*** Department of Pedagogy and Innovative Education, Lviv Polytechnic National University, Lviv,
Ukraine. ORCID ID: https://orcid.org/0000-0002-4803-2453. Email: Chubinska.edu@gmail.com
**** Department of socio-behavioral, humanitarian sciences and economic security, Lviv State University
of Internal Aairs, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-4837-0620. Email:
pavlov460@ukr.net
***** Department of Professional Methods and Primary Education Technologies, Vasyl Stefanyk Preparation
National University, Ivano-Frankivsk, Ukraine. ORCID ID: https://orcid.org/0000-0002-2002-4603.
Email: Ooleksandra75@ukr.net
****** Department of Philosophy, Zaporizhzhia Polytechnic National University, Zaporizhzhia, Ukraine.
ORCID ID: http://orcid.org/0000-0001-5271-7677. Email: piddu906@ukr.net
104
Chubinska, Myron Oleksiuk, Oleksandra Kachmar y Yevheniia Yemelianenko
Competencies in education through the development of the individual’s legal awareness in the
conditions of a modern society
a product of the conscious attitude of adolescents towards the recognition
of their civic duty and compliance with legal norms.
Keywords: competencies in education; legal consciousness; modern
society; legal order; studies of legal subjectivities.
Competencias en educación a través del desarrollo de
la conciencia jurídica del individuo en las condiciones de
una sociedad moderna
Resumen
El objetivo principal del artículo es el estudio de la formación de
competencias en la educación superior a través del desarrollo de la
conciencia jurídica del individuo. El proceso de la investigación implicó
el uso de métodos de análisis de los principales aspectos de la formación
de competencias en una institución de educación superior. La conciencia
jurídica es una de las formas más importantes de conciencia de una persona,
junto con la conciencia política, la moral, el arte, la religión, la ciencia y
la losofía. Para una existencia y un desarrollo sostenibles, no basta
esperar que todas las personas se comporten correctamente. Debe existir
la conanza, que es creada por el ordenamiento jurídico, constituido por
leyes vinculantes, normas y principios vigentes, que regulan los derechos
y obligaciones de los ciudadanos. Como resultado, se caracterizaron los
aspectos clave de la formación de competencias en la educación superior
a través del desarrollo de la conciencia jurídica. Los autores concluyen que
la capacidad de cumplir con los requisitos de la ley y la moral, deben ser
considerados como un producto de la actitud consciente de los adolescentes
hacia el reconocimiento de su deber cívico y el cumplimiento de las normas
legales.
Palabras clave: competencias en educación; conciencia jurídica;
sociedad moderna; ordenamiento legal; estudios de las
subjetividades jurídicas.
Introduction
One of the structural elements of law is legal consciousness, which can
be dened as a system of knowledge, assessments and ideas that express
people’s attitudes towards positive and ideal law. Since legal consciousness
is a component of the ability of moral judgment, its germs are inherent in
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 103-112
man from birth. This should be understood in such a way that a person
is able to intuitively distinguish between good and evil, legal and illegal,
just and unjust. However, intuition alone is not enough. A developed legal
consciousness has a complex structure and is formed, in part, with the help
of the volitional eorts of the individual, but to a large extent due to external
inuence in the process of socialization.
In our opinion, it is in adolescence, which is a period of spiritual and
moral formation, that the foundation of life values, self-projection of the
personality is laid. We believe that the educational work of the public
association is the platform for working with adolescent children. At present,
the problem of educating adolescents is becoming increasingly important
and relevant, since the development of youth and the country as a whole
depends on its solution.
The content of legal consciousness is determined by the conditions for
the formation of the idea of social reality as legal, the perception of the
phenomenon of law in society as such. This process is signicantly inuenced
by legal ideas, covering the awareness of law, the sense of law, the legal
ideal and legal reality. A system of legal concepts produced by a particular
society has a signicant impact on the content of legal consciousness.
Legal consciousness is a set of views, ideas, ideas, as well as feelings,
emotions and experiences that express people’s attitude to the current or
desired law and other legal phenomena. We are talking about how people
understand and perceive the law, how they understand it and how they
want to see it ideally.
The problem of the formation of the legal consciousness of young people
is that involvement in the criminal world, its illegal norms in modern
conditions occurs at a very early age, which leads to a very stable pattern:
the earlier a person embarks on a criminal path, the faster he reaches the
level of a dangerous recidivist.
Legal education is a purposeful, everyday and systematic inuence
of the state and its bodies, public associations and organizations on the
minds of people in order to educate them in an appropriate level of legal
consciousness, legal culture and exemplary lawful behavior.
The main purpose of the article is the formation of competence in
higher education through the development of the legal consciousness of the
individual in the conditions of a modern civilized society.
1. Materials and methods
The research methodology is based on dialectical, systemic and
institutional approaches, according to which the formation of competence in
106
Chubinska, Myron Oleksiuk, Oleksandra Kachmar y Yevheniia Yemelianenko
Competencies in education through the development of the individual’s legal awareness in the
conditions of a modern society
a higher education institution through the development of legal awareness
of a person in the conditions of a modern civilized society is considered as
inextricably linked and cause-and-eect. In the course of the study, general
scientic and special scientic methods of competence formation were used
in the institution of higher education through the development of legal
awareness of a person in the conditions of a modern civilized society.
The interpretation of the main categories and concepts is based on
the use of methods of analysis and synthesis, induction and deduction,
abstraction, analogy, theoretical generalization and modeling for the
formation of competence in a higher education institution through the
development of legal awareness of a person in the conditions of a modern
civilized society. All this allows you to achieve the goal set in the article.
2. Literature review
As most authors point out, legal consciousness is a system of ideas,
ideas, emotions and feelings that express the attitude of an individual, a
group, society to the current, past and desired law, as well as towards law-
related activities. The key point of legal consciousness is people’s awareness
of the values of natural law, human rights and freedoms and evaluation of
the existing law in terms of its conformity with universal human values,
which are enshrined in international documents on human rights. Legal
consciousness is an important element of law enforcement, little studied
in modern science, and therefore requires further study to overcome its
ideological nature and to further explain its impact on the essence of the
principles of Ukrainian law and modern jurisprudence. (Kryshtanovych et
al., 2022; Leheza, 2022).
According to most scientists, the legal culture of a society is a qualitative
criterion for its development. The formation of a democratic legal culture
determines the successful solution of important processes of the state.
Finding out the essence of legal culture, it is important to analyze its main
characteristics, represented by numerous denitions of this concept. The
phenomenality of political culture, its role and functions in political life are
clearly manifested in the study of this issue.
It is necessary to reveal the structure and characterize the structural
components of political culture, in particular, such as political knowledge,
assessment of political phenomena, political behavior and political actions,
etc. It is also important to analyze the criteria and types of political culture
proposed by scientists, the conditions for their formation and signs
(Nikonova, 2020; Querci, 2021).
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In literature (Matviichuk, 2022; Pohosian, 2021), law is a fundamental
category, because it is it that acts as a means of streamlining the social
environment, the basis of the rule of law. Law is of great importance for
societies at all stages of its development. The paradox is that both in the
past and in the present, humanity is in a special state, it balances between
good and evil, between justice and injustice, between truth and falsehood.
Under these conditions, law is an important tool that ensures the ability
to maintain a balance of these characteristics. The problem of studying
law is one of the eternal ones, since law is a very complex and multifaceted
phenomenon and, unfortunately, legal scholars have not been able to
unambiguously investigate its essence. There are still white spots that
need to be explored. One of them is the establishment of the role of law in
ensuring human life.
3. Research Results and Discussions
Student youth as a separate social, age and socio-professional group
is an independent subject of group (collective) legal consciousness. In the
structure of legal consciousness, the legal consciousness of the student
youth of Ukraine, in our opinion, occupies a special place, since the young
educated generation is the basis and future of our state. It is up to him to
solve the main tasks of public development in the coming decades. After
all, it is people with higher education who will objectively occupy command
positions in all branches of economic activity, the humanitarian, cultural
sphere, etc. in the future. The deformation of the legal consciousness of the
students is one of its estates.
At the same time, it is important to pay attention to the fact that the
deformed legal consciousness of students is opposite to the positive legal
consciousness. Under the concept of “deformation of legal consciousness”,
scientists understand “a social and legal phenomenon characterized by a
change in its state, in which the carriers form certain ideas, ideas, views,
knowledge, sensations, moods, experiences and emotions that distort the
legal reality and express a negative attitude to existing law, law and order»
(Van rooij, 2021; Shobonova, 2020; Reems, 2021).
The eectiveness of transformations in the socio-economic and socio-
political spheres of society’s life depends largely on how consciously and,
accordingly, how actively all social strata will participate in this process,
including students as the most dynamic and energetic part of society.
The dynamics of the development of legal culture and legal awareness
and the development of young people’s legal thinking, adequate to social
changes, are associated with the solution of many problems, one of which, in
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Chubinska, Myron Oleksiuk, Oleksandra Kachmar y Yevheniia Yemelianenko
Competencies in education through the development of the individual’s legal awareness in the
conditions of a modern society
our opinion, is the acquisition by young people of relevant knowledge about
the social and spiritual values of law as phenomena of world civilization,
as well as their awareness of the inseparable connection of civil rights and
duties.
Most people do not yet possess the necessary minimum of legal knowledge.
In addition, seeing non-legal ways in which government agencies and
individuals apply laws makes people feel cheated and powerless to change
anything. Alienation from imperfect law is compensated by the desire to
circumvent the law. As a result, legal nihilism is becoming widespread,
covering both the activities of the central administrative apparatus, and
the initiative of local authorities, and everyday relations of people. Other
manifestations of defective legal consciousness are legal infantilism, legal
idealism and the “rebirth” of legal consciousness, etc. Legal idealism is an
exaggeration of the real regulatory possibilities of a legal norm.
The main reasons for legal idealism are a lack of understanding of the
laws of social development, ignorance of how social factors (including
laws) interact in society. The most severe form of deformation of legal
consciousness is the phenomenon of its rebirth. From legal nihilism, the
reborn legal consciousness diers not only in the degree of social danger,
but also in motivation. It is based on the conscious denial of the law on the
grounds of benet, greed.
The tripartite scheme for ensuring the development of the legal
consciousness of the individual, presented in Fig.01.
Figure No. 01. The tripartite scheme for ensuring the development of the legal
consciousness of the individual. Source: prepared by the authors.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 103-112
So, the objective need for the formation of legal consciousness and legal
culture of students is explained by the following:
1. The process of formation and development of legal consciousness
and legal culture of students is inuenced by the current state
of Ukrainian society - social tension, economic problems,
disintegration, moral and psychological instability of society as a
whole, etc.
2. Let us note that in our time, contradictions arise more and more
sharply between: the amount of legal knowledge necessary for
future specialists to work eectively in various areas of the growing
socio-economic life and the real legal training of higher education
graduates called to carry out this activity; new legislation and low
level of legal awareness; the need of society for the legal preparation
of each person for life in the new conditions and the lack of purposeful
work in the higher education system in order to form the legal
culture of students; an objectively existing need for the formation
of a legal culture among students and insucient awareness of this
need at all levels of the education system (ministry, universities,
teachers, parents).
3. Elements of a legal counterculture are rapidly developing among young
people - legal nihilism and crime. Ignoring these phenomena, the delay
on the part of the state and society with the development and adoption of
measures aimed at correcting this situation, create quite big problems for
the development of the state and civil society.
The tripartite scheme of the main threats to the development of the legal
consciousness of the individual, presented in Fig. 02.
Figure No. 02. The tripartite scheme of the main threats to the development of
the legal consciousness of the individual. Source: prepared by the authors.
110
Chubinska, Myron Oleksiuk, Oleksandra Kachmar y Yevheniia Yemelianenko
Competencies in education through the development of the individual’s legal awareness in the
conditions of a modern society
Legal awareness is an integral phenomenon that illustrates the results
of the processes of mass legal socialization of citizens, the state of law and
order in society, regulatory requirements of a formal legal and non-legal
nature, the need to change individual elements or the entire system of
established law, acting as the most important criterion in lawmaking and
law enforcement. The structure of a person’s legal consciousness includes
ideological (value), behavioral (rational) and psychological (emotional)
components, each of which can be articially changed if there are eective
mechanisms of formative inuence.
This creates an objective opportunity to change and improve the legal
culture of Ukrainian citizens by directing inuence on all components of
legal consciousness in order to stimulate the self-conditioning of lawful
behavior. The legal culture and the content of the legal consciousness of
the individual mainly depend on the knowledge of law, except for which
they cannot be endowed with specic legal certainty. However, knowledge
of the law is not a decisive factor in the lawful behavior of people, a
comprehensive criterion for a high level of development of legal awareness
and legal education. Therefore, the mechanisms for stimulating lawful
behavior should include not only negative sanctions, legal education, but
also an ideology that inuences the formation of the legal attitudes of the
individual.
Legal socialization is considered as a process and result of assimilation
and active reproduction of social and cultural experience by a person,
mastering the necessary skills of lawful behavior, and one of the main means
is the legal education of the population. Filling with the content of the above-
mentioned three stages of legal socialization takes place in Ukraine through
the implementation of continuous legal education for the population, the
mechanism of which is made up of domestic educational institutions
(preschool, general secondary, higher and out-of-school education). An
analysis of numerous legal indicators and socio-psychological aspects
makes it possible to substantiate the denition of the legal behavior of a
person realized in our society as socially signicant from the point of view
of the goals of social development, the conscious behavior of individual or
collective subjects, which is provided for by the rule of law and entails legal
consequences.
Conclusions
Summing up, it should be noted that in the context of the development
of legal awareness, the education of adolescents and the formation of their
legal consciousness in the process of the work of a public association, it
provides for: the study of laws by young people, increasing their legal
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 103-112
awareness, systematic informing about topical issues of law, because legal
knowledge is the basis on which legal consciousness. Public associations
help teenagers correlate their actions and the behavior of their comrades
not only with well-known moral norms, but also with the requirements of
laws, correct, change it in the right direction.
A signicant part of adolescents, although they do not know specic
legal norms, do not commit oenses. In our opinion, one of the main
elements of the system of legal education is a public association. Its purpose
is to address issues involving the acquisition by adolescents of the skills
and abilities of lawful behavior. The habit and ability to comply with the
requirements of law and morality should be considered as a product of
the conscious attitude of adolescents to the recognition of their civic duty,
compliance with legal norms.
Both rightful and wrongful behavior depend on certain motives. Some
adolescents follow the law out of deep conviction; the second - because
they are under the constant control of adults or fear possible punishment;
still others try to achieve their selsh goals by decent behavior. Often this
behavior is due to the habit of observing the rules of cohabitation. Any
attempts to isolate adolescents from the negative, to keep silent and hide
from them life’s problems do not instill in them an irreconcilable attitude
towards these phenomena, do not mobilize them to ght against them, do
not produce immunity against their inuence.
We believe that legal views should be based on general legal knowledge and
ideas about the state and law, legal relations between people, constitutional
rights and duties of citizens. It is important that this knowledge and ideas
correctly reect certain legal norms, otherwise legal views will be false. One
of the most important components of legal consciousness is conviction - a
person’s awareness of the truth of worldview and moral concepts and his
personal readiness to act in accordance with these rules and concepts. In the
process of legal education, it is important to educate adolescents in higher
legal feelings that would regulate their behavior (responsibility, justice,
etc.), otherwise simple emotions (anger, fear, etc.) that entail situational
behavior will become its main regulator.
Bibliographic References
LEHEZA, Yevhen; PISOTSKA, Karina; DUBENKO, Oleksandr; DAKHNO,
Oleksandr; SOTSKYI, Artur. 2022. “The Essence of the Principles
of Ukrainian Law in Modern Jurisprudence” In: Revista Jurídica
Portucalense. No. 32, pp. 342-363.
112
Chubinska, Myron Oleksiuk, Oleksandra Kachmar y Yevheniia Yemelianenko
Competencies in education through the development of the individual’s legal awareness in the
conditions of a modern society
MATVIICHUK, Anatolii; SHCHERBAK, Viktor; SIRKO, Viktoria; MALIEIEVA,
Hanna; LEHEZA, Yevhen. 2022. “Human principles of law as a universal
normative framework” In: Cuestiones Políticas. Vol. 40, No. 75, pp. 221-
231.
NIKONOVA, Natalia. 2020.“Peculiarities of teaching legal disciplines for
students of non-prole directions of higher educational establishments”
In: Universidad y Sociedad. Vol. 12, No. 02, pp. 223-228.
POHOSIAN, Marharyta A; HORODETSKA, Maryna S; VESELOV, Mykola Y;
PYLYPENKO, Dmytro O; BANCHUK-PETROSOVA, Olena V. 2021.
“The Role of a Lawyer’s Request as a Means of Legal Communication in
the Field of Human Rights Advocacy” In: Cuestiones Políticas. Vol. 39,
No. 70, pp. 465-484.
QUERCI, Isabella. 2021. “The Double-Edged Sword of Legal Education:
Uncertainty Mitigation and Social Innovation During a Pandemic” In:
Journal of Ethics and Legal Technologies. Vol. 03, No. 01, pp. 59-72.
REEMS, Lester. 2021. “Humanizing the teaching of Business Law for non-
law university students of Business Administration” In: International
Scientic Journal of Universities and Leadership. Vol. 12, pp. 05-12.
SHOBONOVA, Lyubov; CHELNOKOVA, Elena; SMIRNOVA, Zhanna;
BYSTROVA, Natalya; MUKHINA, Maria. 2020. “Management
Technology Implementation Of Formation Of Legal Competence In
Higher Education” In: International Journal of Management. Vol. 11,
No. 06, pp. 752-760.
VAN ROOIJ, Benjamin. 2021. Do People Know the Law? Empirical Evidence
about Legal Knowledge and Its Implications for Compliance. The
Cambridge Handbook of Compliance. [S. l.]: Cambridge University
Press. Cambridge, UK.
www.luz.edu.ve
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www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79
