History of the emergence and prospects for the development of legal psychology. History of the development of legal psychology

A number of textbooks on legal psychology trace its origins to ancient times. Trends in the genesis of the legal worldview are analyzed, the statements of Socrates, the works of Democritus, Plato, Aristotle and other classics of the ancient era on issues of justice and legality, the need to take into account the characteristics of the human soul are quoted. However, such an approach to historiography is broad, since its implementation involves a mixture of three different in content, although to a certain extent interrelated, meanings of the term “psychology”: everyday (pre-scientific), philosophical and specifically scientific.

It seems more correct to begin the analysis of the prerequisites for the emergence of legal psychology only from the era when, on the one hand, real social needs arise to take into account the psychological factor in civil legal regulation, and on the other hand, empirical material is already beginning to accumulate in various sciences and in legal practice, which “highlights” the role of psychological phenomena in the legal field. Such a historical period is the Age of Enlightenment. It was then that the foundations of a rationalistic approach to explaining the causes of crime were laid in scientific discussions, and empirical psychological material was also collected on the activities of the court and places of deprivation of liberty.

Overcoming theological and naturalistic views on crime was carried out in the works of the French humanist philosophers D. Diderot, J.J. Russo, S.L. Montesquieu, M.F.A. Voltaire, C. Helvetius, P. Holbach, where it was argued that law should not be the will of rulers, but a measure of social justice perceived by society, based on the ideas of individual freedom and respect for its natural rights. At the same time, thanks to the scientific and legal developments of the Italian lawyer Cesare Beccaria (1738-1794), who laid the foundations for the rational-legal codification of crimes, and the English scientist Jeremy Bentham (1748-1832), who created the “utilitarian theory of the causes of crime,” interest in the study of factors of crime and the personality of specific types of criminals, the influence on them of the investigation, trial and punishment.

The first monographic works on legal psychology are traditionally considered to be the publications of German scientists K. Eckarthausen “On the need for psychological knowledge when discussing crimes” (1792) and I.Kh. Schaumann, Thoughts on Criminal Psychology (1792). However, interesting psychological ideas were also contained in the works of their predecessors. Thus, the French lawyer Francois de Pitaval in 1734-1743. published a twenty-volume work “Amazing Criminal Cases”, where he attempted to reveal the psychological essence of criminal acts. In John Howard’s monograph “The State of Prisons in England and Wales” (1777), written on the basis of a study of a significant number of places of detention throughout Europe (more than 300, including in Russia), not only actively defended the ideas of improving the maintenance of prisoners and compliance their rights, but also pointed out the importance of studying and taking into account the individual characteristics of persons serving sentences in penitentiary institutions.

Among domestic scientists of the 18th century, quite fruitful views in the psychological aspect were contained in the works of I.T.

Pososhkova (1652-1726). He, in particular, proved the relevance of developing a classification of criminals according to the “degree of depravity”, and also justified psychologically effective ways interrogation of witnesses and accused. Another progressive figure in Russia of that era, V.N. Tatishchev (1686-1750) argued that laws are often violated out of ignorance, and therefore it is necessary to create conditions for their study from childhood. In the works of M.M. Shcherbaty (1733-1790) drew attention to the special importance of legislators’ knowledge of the “human heart.” F.V. Ushakov, in his treatise “On the Right and Purpose of Punishment” (1770), attempted to reveal psychological conditions the impact of punishment and, in particular, “corrective bringing him to repentance.” A.N. Radishchev (1749-1802) in his work “On the Regulations of Law” substantiated measures to prevent crimes based on taking into account the psychology of the criminal’s personality (and above all his motivation).

A feature of the first half of the 19th century. is the growth of publications about crime and the personality of the criminal, based on the achievements of the natural sciences (anatomy, biology, physiology, psychiatry, etc.). These are the works of German scientists I. Hofbauer “Psychology in its main applications to judicial life” (1808) and I. Friedreich “Systematic guide to forensic psychology” (1835), as well as publications of domestic scientists A.P. Kunitsyna, A.I. Galich, K. Elpatievsky, G.S. Gordienko, P.D. Lodiy on the psychological justification of punishment, correction and re-education of criminals.

In the first half of the 19th century. The phrenological (from the Greek phren - mind) theory of the Austrian anatomist Franz Gall (1758-1828), who tried to prove the direct relationship between mental phenomena and external physical features of the structure of the human brain (the presence of bulges, depressions and relationships between parts of the skull), gained great popularity. . Gall's followers attempted to create "phrenological maps" to identify types of criminals. Propaganda of the “phrenological idea” also took place in Russia. For example, Professor H.R. Stelzer, first at Moscow (1806-1812), and then at Yuryev (now Tartu) universities, taught a special course “Criminal Psychology according to F. Gall” to future lawyers.

The apotheosis in the development of the biologizing approach to the personality of the criminal was the publication by the Italian prison psychiatrist Cesare Lombroso (1835-1909) of the monograph “The Criminal Man, Studied on the Basis of Anthropology, Forensic Medicine and Prison Science” (1876), who developed the concept of the “born criminal”, considering , that he is characterized by atavistic features that are related to his savage ancestors. According to C. Lombroso, a typical “born criminal” can be recognized by certain physiognomic characteristics: sloping forehead, elongated or undeveloped earlobes, prominent cheekbones, large jaws, dimples on the back of the head, etc.

Ch. Lombroso's advocacy of an objective approach to the study of the personality of criminals found active support from scientists in many countries of the world, including Russia (I.T. Orshansky, I. Gvozdev, in the early works of D.A. Dril). At the same time, due to domestic socio-cultural traditions and interdisciplinary orientation, they were immediately criticized by many lawyers (VD. Spasovich, N.D. Sergievsky, A.F. Koni, etc.) and psychologically oriented scientists (V.M. Bekhterev, V.F. Chizh, P.I. Kovalevsky, etc.).

The intensification of psychological research into the causes of crime and the personality of the criminal in the second half of the 19th century was significantly influenced by progress in the field of social and human sciences, and current needs of legal theory and practice. Judicial reforms carried out in many countries of the world (in Russia since 1864), as a result of which the principles of independence and irremovability of judges, competitiveness of the judicial process and equality of the parties, recognition of the verdict of a jury, etc., were established in legal proceedings, created favorable conditions for the demand for psychological knowledge . S.I. Barshev in his work “A Look at the Science of Criminal Law” (1858) wrote: “Not a single issue of criminal law can be resolved without the help of psychology... and if the judge does not know psychology, then this will be a trial not of living beings, but of corpses." K.Ya. Yanevich-Yanevsky in the article “Thoughts on criminal justice from the point of view of psychology and physiology” (1862) and V.D. Spasovich in the textbook “Criminal Law” (1863) draw attention to the importance, on the one hand, of establishing legal laws taking into account human nature, and on the other hand, the presence of psychological competence among lawyers.

THEM. Sechenov (1829-1905) - the leader of domestic physiologists and at the same time the founder of the objective behavioral approach in psychology as an independent science - in his work “The Doctrine of Free Will from the Practical Side” argued that “coercive measures against criminals, based on physiological and psychological knowledge about internal laws of personality development, must pursue the goal of correcting them.” In the monograph of the domestic psychiatrist A.U. Frese's “Essays on Forensic Psychology” (1871) argued that the subject of this science should be “application to legal issues information about normal and abnormal manifestations of mental life.” In an article published in 1877 by lawyer L.E. Vladimirov “Psychological characteristics of criminals according to the latest research” stated that the social causes of crime are rooted in the individual character of the criminal, and therefore thorough psychological research is required. YES. Dril, who has both a medical and legal education, in a number of his publications in the 80s of the last century (“Criminal Man”, 1882; “Young Criminals”, 1884, etc.) purposefully defended an interdisciplinary approach, proving that law and psychology have deals with the same phenomena - the laws of human conscious life, and therefore law, not having its own means for studying this phenomenon, must borrow them from psychology.

In the late 80s of the 19th century, one of the most theoretically profound typologies of criminals (insane, accidental, professional) was developed by St. Petersburg University professor I.Ya. Foinitsky and his followers (DA. Dril, A.F. Lazursky, S.N. Poznyshev, etc.).

The clarification of the psychological patterns of jury activity was reflected in the publications of L.E. Vladimirova, A.F. Koni, A.M. Bobrishchev-Pushkin and many other domestic scientists1.

Among the active supporters of the introduction into legal proceedings psychological examinations there were lawyers L.E. Vladimirov, S.I. Gogel, psychiatrists V.M. Bekhterev, S.S. Korsakov and V.P. Serbian.

Speaking about the significant growth in Russia after the judicial reform of 1864 of interest in psychological knowledge, it should be noted the role of the works of domestic writers N.G. Chernyshevsky, F.M. Dostoevsky, as well as the journalistic and journalistic works of A. Semiluzhsky (“The community and its life in a Russian prison,” 1870), N.M. Yadrintsev (“Russian community in prison and exile”, 1872) and P.F. Yakubovich (“In the world of the outcasts, notes of a former convict”, 1897). The publications of these authors, who experienced the torment associated with being in prison, intensified scientific discussions about the motives of crimes, about the possibility and nature of the process of correction of prisoners.

In foreign countries, after the emergence of psychology as an independent science2, many of its theories began to be actively in demand to explain the causes of crime. Thus, guided by the ideas of Gustav Le Bon (1841-1931), who was the first to begin a psychological analysis of the “crowd” phenomenon and identified the role of the “contagion” mechanism, a number of scientists tried to develop them in their concepts explaining the reasons for the unlawful acts of the masses. Gabriel Tarde (1843-1904), in his fundamental works “The Laws of Imitation” and “The Philosophy of Punishment,” published in Paris in 1890, argued that criminal behavior, like any other, can be learned by people in real society on the basis of psychological mechanisms “ imitation" and "learning". Viewing criminals as a kind of “social excrement,” Tarde argued that legal dispositions should be built on a psychological basis rather than on the premise of “equal punishments for equal crimes.”

The development of the socio-psychological approach to the study of the causes of crime was significantly influenced by the works of the French sociologist E. Durkheim (1858-1917). In Russia, lawyer N.M. Korkunov in his “Lectures on the General Theory of Law” (1886) considered society as a “mental unity of people,” and law was interpreted as an instrument for ensuring a certain order when conflicts arise in interpersonal relationships. Social and psychological views were developed in the works of such domestic scientists as S.A. Muromtsev, P.I. Novgorodtsev, M.M. Kovalevsky, ID. Kavelin, N.Ya. Grot, M.N. Gernet, M.M. Isaev. The largest lawyer of the early 20th century L.I. Petrazhitsky (1867-1931) created the rationalistic concept of “psychology of law”, where law acts as a mental phenomenon.

Late XIX - early XX centuries. are also significant in that a number of fundamental psychological and legal works appeared. Thus, the Austrian scientist G. Gross published the monograph “Criminal Psychology” in 1898. V. Stern together with G. Gross and O. Lipman in 1903-1906. in Leipzig they publish a special journal “Reports on the Psychology of Testimony”. In Russia since 1904, edited by V.M. Bekhterev published “Bulletin of Psychology, Criminal Anthropology and Hypnotism”.

For the end of the 19th - beginning of the 20th centuries. characterized by increased efforts to study the psychology of persons serving sentences (in Russia - M.N. Gernet, S.K. Gogel, A.A. Zhizhilenko, N.S. Tagantsev; abroad - I.B. Goring, V. Khilee and etc.).

Taking into account the emerging significant expansion of the range of psychological and legal problems that began to be subjected to careful scientific study, the Swiss psychologist Edouard Claparède (1873-1940) introduced the general term legal psychology in 1906. By that time, three main directions were clearly identified in it - criminal, forensic and penitentiary psychology.

In the development and application of the experimental method in legal psychology, a significant role belongs to the largest to a domestic psychologist, psychiatrist and neurologist V.M. Bekhterev (1857-1927). In his article “On the experimental psychological study of criminals”, published in 1902, and also 10 years later in the book “Objective psychological method as applied to the study of crime,” he advocated an integrated approach to the study of a criminal person, including taking into account genealogical heredity, influence upbringing, living environment and peculiarities of the genesis of the psyche itself. His talented student A.F. Lazursky (1874-1917) not only developed the “natural experiment” methodology, but also created a theory of personality, which as an application contained a fairly productive typology of the personality of criminals. In created in 1908 by V.M. The Bekhterev Psychoneurological Institute had a special criminological section. At the beginning of the 20th century, many universities around the world began to teach lawyers special courses on legal psychology in general or on its individual industries. For example, E. Claparède in Geneva since 1906 taught a “Course of Lectures on Legal Psychology”, R. Sommer in Hesse read the “International Course of Forensic Psychology and Psychiatry”, and YES. Drill at the Psychoneurological Institute - special course “Forensic Psychology”.

Legal psychology is one of the relatively young branches of psychological science. The first attempts to systematically solve certain problems of jurisprudence using psychological methods date back to the 18th century.

The following three stages can be distinguished in the history of science:

1. Early history of legal psychology - 18th century. and the first half of the 19th century.

2. The initial formation of legal psychology as a science - the end of the 19th century. and the beginning of the 20th century.

3. History of legal psychology in the 20th century.

Early history of legal psychology

Legal psychology, like other branches of psychological science, has passed the path from purely speculative constructions to scientific and experimental research.

One of the first authors who examined a number of forensic psychological aspects in the context of the idea of ​​humanism was M. M. Shcherbatov (1733-11790). In his writings, he demanded that laws be developed taking into account the individual characteristics of a person; he was one of the first to raise the issue of parole. He positively assessed the labor factor in the re-education of a criminal.

Also of interest are the works of I. T. Pososhkov (1652-1726), in which he gave psychological recommendations regarding the interrogation of accused and witnesses, classification of criminals, and other issues.

A significant number of works on legal psychology appeared in Russia in the third quarter of the 19th century. These are the works of I.S. Barsheva "A Look at the Science of Criminal Law", K.Ya. Yanovich-Yanevsky "Thoughts on criminal justice from the point of view of psychology and physiology", A.U. Frese "Essay on Forensic Psychology", L.E. Vladimirov “Mental characteristics of criminals according to the latest research” and some others.

In these works, thoughts were expressed about the purely pragmatic use of psychological knowledge in the specific activities of judicial and investigative bodies.

The outstanding French mathematician Pierre Simon Laplace was also occupied with psychological issues of evaluating eyewitness testimony. In “Essays on the Philosophy of Probability Theory,” published in France in 1814, P.S. Laplace attempts to give a materialistic interpretation of the issue of the reliability of judicial decisions. He believed that this testimony corresponds to reality and is as follows:

1. from the probabilities of the event itself, which the witness narrates;

2. from the probability of four hypotheses regarding the interrogated:

a) the witness is not mistaken and does not lie;

b) the witness does not lie, but is mistaken;

c) the witness is not mistaken, but lies;

d) the witness both lies and makes mistakes.

Laplace's scheme is interesting as the first attempt to create a scientific method for assessing eyewitness testimony.

The study of problems of forensic psychology for a long time did not go beyond these first attempts. In the second half of the 19th century. not only the successful development of the natural sciences, but also the increase in crime in all leading capitalist countries served as an impetus for the further expansion of forensic psychological research.

Formalization of legal psychology as a science.

Late 19th and early 20th centuries. associated with the intensive development of psychology, psychiatry and a number of legal disciplines (primarily criminal law). A number of scientists representing these sciences at that time took progressive positions (I.M. Sechenov, V.M. Bekhterev, S.S. Korsakov, A.F. Koni, etc.)

The development of psychology, psychiatry and law has led to the need to formalize legal psychology as an independent scientific discipline. P.I. Kovalevsky in 1899 raised the question of separating psychopathology and legal psychology, as well as introducing these sciences into the course of legal education.

At the beginning of the 20th century. In legal psychology, experimental research methods are beginning to be used.

In the study of the psychology of crime investigation, a major step forward was the direct application of the experimental method of psychology. One of the creators of this method, the French psychologist Alfred Binet, was the first to experimentally study the question of the influence of suggestion on children's testimony. In 1900, he published a book entitled “Suggestibility,” in which a special chapter is devoted to the influence of suggestion on children’s testimony.

In 1902, experiments to determine the degree of reliability of eyewitness testimony were carried out by the German psychologist William Stern. Based on his data, V. Stern argued that witness testimony is fundamentally unreliable and flawed, since “forgetting is the rule, and remembering is the exception.” Subsequently, Stern created a personalistic concept of memory, which had a pronounced idealistic character. According to this concept, human memory is not a reflection of objective reality, but acts only as its distortion for the sake of the selfish interests of the individual, his individualistic intentions, pride, vanity, ambition, etc.

The Stern report caused a strong reaction among Russian lawyers. Professor O.B. became ardent supporters of V. Stern in Russia. Goldovsky and Professor A.V. Zavadsky and A.E. Elistratov. They independently conducted a series of experiments similar to those of V. Stern and drew similar conclusions.

However, it should be noted that not all lawyers and psychologists of that period shared a negative attitude towards testimony. Among them, first of all, one should name the largest Russian lawyer A.F. Horses. At a meeting of the Law Society of St. Petersburg University, A.F. Koney issued a separate report on the same issue, which was essentially a response to unsubstantiated allegations of unreliability of witness testimony.

The development of sciences, including the sciences of social phenomena, gives rise to the desire to understand the causes of crime and to provide scientific justification for activities social institutions involved in its prevention. Thus, already in the 19th century. A new approach to solving this problem is beginning to take shape, the essence of which is the desire to reveal the causes of criminal behavior and, on their basis, to draw up a program of practical activities to combat crimes and delinquency.

History of legal psychology in the 20th century.

Late 19th century - early 20th century characterized by the sociologization of criminological knowledge. Causes of crime social phenomenon began to be studied by sociologists J. Quetelet, E. Durkheim, M. Weber, and others, who, using the method of social statistics, overcame the anthropological approach in explaining the nature of criminal behavior, showing the dependence of deviant behavior on social conditions. For their time, these works were certainly a progressive phenomenon.

A distinctive feature of modern criminological knowledge is a systematic approach to the consideration and study of the causes and factors of deviant behavior, the development of the problem simultaneously by representatives of various sciences: lawyers, sociologists, psychologists, doctors. This, in turn, allows us to approach the practice of crime prevention in a comprehensive manner.

Modern biological criminological theories explain the nature of criminal behavior, not as naively as before. They base their argument on achievements modern sciences: genetics, psychology, psychoanalysis. For example, one of the sensations of 1970 was the discovery of the so-called Klinefelter syndrome: chromosomal disorders of type 74XVV with a normal set of chromosomes in men among criminals are 36 times more common.

The theory of chromosomal abnormalities, like the anthropological theory of crime, upon closer study did not find its confirmation and was subjected to serious, justified criticism.

Currently, socio-psychological theories of crime occupy a large place in Western criminology. US social psychologists who adhere to these theories have made a number of rather original attempts to explain the ways in which a delinquent subculture is formed among minors.

The development of domestic legal psychology at the beginning of the Soviet period was facilitated by great public interest in the administration of justice, the legality of the criminal’s personality, etc. The country began to search for new forms of crime prevention and re-education of offenders. Legal psychology has taken an active part in solving these problems. In 1925, in our country, for the first time in the world, the State Institute for the Study of Crime and the Criminal was organized. During the first five years of its existence, this institute published a significant number of works on legal psychology.

Interesting research was conducted by psychologist A.R. Luria in the laboratory of experimental psychology, created in 1927 at the Moscow Provincial Prosecutor's Office. He studied the possibilities of using the methods of experimental psychology to investigate crimes and formulated the principles of operation of the device, which later received the name “lie detector” (bark detector).

A significant contribution to the development of legal psychology of that time was made by such famous specialists as V.M. Bekhterev and A.F. Koni.

Special attention should be paid to the research of A. S. Tager, who has done a lot for forensic psychology in general and for the psychology of testimony in particular. He believed that the criminal process is a genuine research process and that the formation and study of the scientific foundations of its premises cannot but provide significant material for lawmaking.

At the Moscow State Institute of Experimental Psychology (now the Institute of Psychology of the Russian Academy of Sciences) A.S. Tager led experimental work on the psychology of testimony. He compiled a research program that covered the formation of witness testimony from the process of perception of facts and phenomena in various situations to their procedural consolidation. Tager was looking for forms of research that would reveal the peculiarities of the formation of testimony, taking into account the psychological skills of witnesses, depending on their profession, age, and emotional state.

In the works of that period, the personality of the offender was actively studied. This had its positive sides, since it made it possible to accurately and correctly qualify the crimes committed, taking into account all objective and subjective aspects.

It should be noted that at that time in psychological practice there were no effective scientifically based methods for a comprehensive study of personality, and therefore the expert task could not be solved. The level of practical psychology at that time still lagged behind legal practice.

One of the private tasks of the judicial investigative process is to assess the identity of the accused, victim or witness. The task of an expert psychologist may include a general psychological characteristic of a person (psychological portrait). An expert, based on his professional knowledge, identifies such properties and qualities of a person that allow him to draw a conclusion about his psychological appearance. But expert activity, unlike the activity of the court and investigation, is not of a social-evaluative nature, but is based on scientifically substantiated principles of psychology.

For example, in Germany, Poland, and the Czech Republic, the general psychological characteristics of a person are a necessary component of any type of forensic investigation. A significant place in the activities of psychological experts in these countries is occupied by juvenile offenders in order to determine their ability to bear criminal responsibility. According to German law, when considering each case of illegal actions of minors, it must be established whether the minor can be held criminally responsible for his actions.

Currently, in our country, a lot of research is being conducted in the field of legal psychology in the following main areas:

General issues of legal psychology (subject, system, methods, history, connections with other sciences)

Legal awareness and legal psychology

Professionograms of legal professions, psychological characteristics of legal activities

Criminal psychology, psychology of the criminal and crime

Psychology of preliminary investigation

Psychology of criminal justice

Forensic psychological examination

Psychological characteristics of juvenile offenders

Correctional labor psychology

Ethics and psychology of legal relations in the field of entrepreneurial activity

Psychological patterns of the emergence and development of the “shadow economy”

Psychology organized crime and etc.

What is the essence of the scientific methodology of P.S. Laplace?

When did legal psychology take shape as an independent scientific discipline?

What is the essence of using experimental research methods?

What are the distinctive features of modern criminological knowledge?

What were the main theories of crime that developed in the 20th century?

Criminal trial according to A.S. Tageru is...?

List the main areas of research in the field of legal psychology?

Literature:

Legal psychology, V.L. Vasiliev (pp. 19-33)

Prerequisites and origins of legal psychology. In a number of textbooks on legal psychology, its origins are traced back to ancient times. Trends in the genesis of the legal worldview are analyzed, the statements of Socrates, the works of Democritus, Plato, Aristotle and other classics of the ancient era on issues of justice and legality, the need to take into account the characteristics of the human soul are quoted.

However, such an approach to historiography is broad, since its implementation involves a mixture of three different in content, although to a certain extent interrelated, meanings of the term “psychology”: everyday (non-scientific), philosophical and specifically scientific.

It seems more correct to begin the analysis of the prerequisites for the emergence of legal psychology only in the 19th century, when, on the one hand, real social needs arise for taking into account the psychological factor in civil legal regulation, and on the other hand, empirical material is already beginning to accumulate in various sciences and in legal practice, which “highlights” the role of psychological factors. phenomena in the legal field. Such a historical period is the Age of Enlightenment. It was then that the foundations of a rationalistic approach to explaining the causes of crime were laid in scientific discussions, and empirical psychological material was also collected on the activities of courts and places of deprivation of liberty.

Overcoming theological and naturalistic views on crime was carried out in the works of French humanist philosophers D. Diderot, J.J. Russo, S.L. Montesquieu, M.F.A. Voltaire, K. Helvetius, P. Holbach, where it was argued that law should not be the will of rulers, but a measure of social justice perceived by society, based on the ideas of individual freedom and respect for its natural rights. At the same time, thanks to the scientific and legal developments of the Italian lawyer Cesare Beccaria (1738-1794), who laid the foundations for the rational-legal codification of crimes, and the English scientist Jeremy Bentham (1748-1832), who created the “utilitarian theory of the causes of crime,” interest in the study of crime factors and the identities of specific types of criminals, the influence on them of the investigation, trial and punishment.

The first monographic works on legal psychology are traditionally considered to be the publications of German scientists K. Eckarthausen “On the Necessity of Psychological Knowledge in the Discussion of Crimes” (1792) and I.Kh. Schaumann "Thoughts on Criminal Psychology" (1792). However, interesting psychological ideas were also contained in the works of their predecessors. Thus, the French lawyer Francois de Pitaval in 1734-1743. published a twenty-volume work "Amazing Criminal Cases", where he made an attempt to reveal the psychological essence of criminal acts. In John Howard’s monograph “The State of Prisons in England and Wales” (1777), written on the basis of a study of a significant number of places of detention throughout Europe (more than 300, including in Russia), not only actively defended the ideas of improving the conditions of prisoners and respecting their rights, but and the importance of studying and taking into account in penitentiary institutions the individual characteristics of persons serving sentences was indicated.

Among domestic scientists of the 18th century, views that were quite fruitful in the psychological aspect were contained in the works of I.T.

Pososhkova (1652-1726). He, in particular, proved the relevance of developing a classification of criminals according to the “degree of depravity”, and also substantiated psychologically effective ways of interrogating witnesses and the accused. Another progressive figure in Russia of that era, V.N. Tatishchev (1686-1750) argued that laws are often violated out of ignorance, and therefore it is necessary to create conditions for their study from childhood. In the works of M.M. Shcherbaty (1733-1790) drew attention to the special importance of legislators’ knowledge of the “human heart.” F.V. Ushakov, in his treatise “On the Law and Purpose of Punishment” (1770), made an attempt to reveal the psychological conditions of the impact of punishment and, in particular, “corrective bringing it to repentance.” A.N. Radishchev (1749-1802) in his work “On the Regulations of Law” substantiated measures to prevent crimes based on taking into account the psychology of the criminal’s personality (and above all his motivation).

Features of the first half of the 19th century. is the growth of publications about crime and the personality of the criminal, based on the achievements of the natural sciences (anatomy, biology, physiology, psychiatry, etc.). These are the works of German scientists I. Hofbauer “Psychology in its main applications to judicial life” (1808) and I. Friedreich “Systematic manual on forensic psychology” (1835), as well as publications of domestic scientists A.P. Kunitsyna, A.I. Galich, K. Elpatievsky, G.S. Gordienko, P.D. Lodiy on the psychological justification of punishment, correction and re-education of criminals.

In the first half of the 19th century, the phrenological (from the Greek phren - mind) theory of the Austrian anatomist Franz Gall (1758-1828), who tried to prove the direct relationship between mental phenomena and external physical features of the structure of the human brain (the presence of bulges, depressions and relationship between the parts of the skull). Gall's followers tried to create "phrenological maps" to identify types of criminals. Propaganda of the “phrenological idea” also took place in Russia. For example, Professor H.R. Stelzer, first at Moscow (1806-1812), and then at Yuryev (now Tartu) universities, taught a special course “Criminal Psychology according to F. Gall” to future lawyers.

The apotheosis in the development of the biologizing approach to the personality of the criminal was the publication by the Italian prison psychiatrist Cesare Lombroso (1835-1909) of the monograph “The Criminal Man, Studied on the Basis of Anthropology, Forensic Medicine and Prison Studies” (1876), who developed the concept of a “born criminal”, believing that he is characterized by atavistic traits related to savage ancestors. According to C. Lombroso, a typical “born criminal” can be recognized by certain physiognomic characteristics: sloping forehead, elongated or undeveloped earlobes, prominent cheekbones, large jaws, dimples on the back of the head, etc.

Ch. Lombroso's advocacy of an objective approach to the study of the personality of criminals found active support from scientists in many countries of the world, including Russia (I.T. Orshansky, I. Gvozdev, in the early works of D.A. Dril). At the same time, due to domestic socio-cultural traditions and interdisciplinary orientation, they were immediately criticized by many lawyers (VD. Spasovich, N.D. Sergievsky, A.F. Konii, etc.) and psychologically oriented scientists (V.M. Bekhterev, V.F. Chizh, P.I. Kovalevsky, etc.).

The intensification of psychological research into the causes of crime and the personality of the criminal in the second half of the 19th century was significantly influenced by progress in the field of social and human sciences, and current needs of legal theory and practice. Judicial reforms carried out in many countries of the world (in Russia since 1864), as a result of which the principles of independence and irremovability of judges, adversarial proceedings and equality of parties, recognition of the verdict of a jury, etc., were established in legal proceedings, created favorable conditions for the demand for psychological knowledge. S.I. Barshev, in his work “A Look at the Science of Criminal Law” (1858), wrote: “Not a single issue of criminal law can be resolved without the help of psychology... and if the judge does not know psychology, then it will be a trial not of living beings, but of corpses.” . K.Ya. Yanevich-Yanevsky in the article “Thoughts on criminal justice from the point of view of psychology and physiology” (1862) and V.D. Spasovich in the textbook “Criminal Law” (1863) draw attention to the importance, on the one hand, of establishing legal laws taking into account human nature, and on the other, the presence of psychological competence among lawyers.

THEM. Sechenov (1829-1905) - the leader of domestic physiologists and at the same time the founder of the objective behavioral approach in psychology as an independent science - in his work “The Doctrine of Free Will from the Practical Side” argued that “coercive measures against criminals, based on physiological and psychological knowledge about the internal laws of development individuals must pursue the goal of their correction." In the monograph of the domestic psychiatrist A.U. Frese's "Essays on Forensic Psychology" (1871) argued that the subject of this science should be "the application of information about normal and abnormal manifestations of mental life to legal issues." In an article published in 1877 by lawyer L.E. Vladimirov “Psychological characteristics of criminals according to the latest research” stated that the social causes of crime are rooted in the individual character of the criminal, and therefore thorough psychological research is required. YES. Dril, who has both a medical and legal education, in a number of his publications in the 80s of the last century ("Criminal Man", 1882; "Young Criminals", 1884, etc.) purposefully defended an interdisciplinary approach, proving that law and psychology deal with the same the same phenomena - the laws of human conscious life, and therefore law, not having its own means for studying this phenomenon, must borrow them from psychology.

In the late 80s of the 19th century, one of the most theoretically profound typologies of criminals (insane, accidental, professional) was developed by St. Petersburg University professor I.Ya. Foinitsky and his followers (DA. Dril, A.F. Lazursky, S.N. Poznyshev and others).

The elucidation of the psychological patterns of jury activity was reflected in the publications of L.E. Vladimirova, A.F. Coney, AM. Bobrishchev-Pushkin and many other domestic scientists1.

Among the active supporters of the introduction of psychological examinations into legal proceedings were lawyers L.E. Vladimirov, S.I. Gogel, psychiatrists V.M. Bekhterev, S.S. Korsakov and V.P. Serbsky.

When talking about the significant increase in interest in psychological knowledge in Russia after the judicial reform of 1864, it should be noted the role of the works of domestic writers N.G. Chernyshevsky, F.M. Dostoevsky, as well as the journalistic and journalistic works of A. Semiluzhsky ("The community and its life in the Russian prison", 1870), N.M. Yadrintsev ("The Russian community in prison and exile", 1872) and P.F. Yakubovich ("The World of the Outcasts, Notes of a Former Convict", 1897). The publications of these authors, who experienced the torment associated with being in prison, intensified scientific discussions about the motives of crimes, about the possibility and nature of the process of reforming prisoners.

In foreign countries, after the emergence of psychology as an independent science2, many of its theories began to be actively in demand to explain the causes of crime. Thus, guided by the ideas of Gustav Le Bon

1 For more details, see: Budilova E.A. Social and psychological problems in Russian science. - M., 1983. - P. 54-63.

2 Historians of psychology consider the date of its emergence as an independent science to be 187? when Wilhelm Wundt created the first experimental psychological laboratory in Leipzig. In Russia, the first such laboratory was opened in 1885 in Kazan (headed by V.M. Bekhterev), and until the end of the last century they also appeared in Kiev, Kharkov, Odessa, Tartu, St. Petersburg, Moscow, Lvov (P.I. Kovalevsky, I.A. Sikorsky, N.N. Lange, V.F. Chizh, S.S. Korsakov, A.A. Tokarsky).

(1841-1931), who was the first to begin a psychological analysis of the “crowd” phenomenon and identified the role of the “contagion” mechanism, a number of scientists tried to develop them in their concepts explaining the reasons for the unlawful acts of the masses. Gabriel Tarde (1843-1904) in his fundamental works “The Laws of Imitation” and “The Philosophy of Punishment”, published in Paris in 1890, argued that criminal behavior, like any other, can be learned in real society on the basis of psychological mechanisms of “imitation” and "learning". Viewing criminals as a kind of “social ex-crement,” Tarde argued that legal dispositions should be built on a psychological basis rather than on the premise of “equal punishments for equal crimes.”

The development of the socio-psychological approach to the study of the causes of crime was significantly influenced by the works of the French sociologist E. Durkheim (1858-1917). In Russia, lawyer N.M. Korkunov, in “Lectures on the General Theory of Law” (1886), viewed society as a “mental unity of people,” and law was interpreted as an instrument for ensuring a certain order in the event of conflicts in interpersonal relationships. Social and psychological views developed in the works of such domestic scientists such as S.A. Muromtsev, P.I. Novgorodtsev, M.M. Kovalevsky, ID. Kavelin, N.Ya. Grot, M.N. Gernet, M.M. Isaev. The largest lawyer of the early 20th century L.I. Petrazhitsky (1867-1931) created the rationalistic concept of “psychology of law”, where law acts as a mental phenomenon.

The end of the 19th - beginning of the 20th centuries is also significant in that a number of fundamental psychological and legal works appeared. Thus, the Austrian scientist G. Gross published the monograph “Criminal Psychology” in 1898. V. Stern together with G. Gross and O. Lipman in 1903-1906. in Leipzig they publish a special journal “Reports on the psychology of indications”. In Russia since 1904, edited by V.M. Bekhterev published "Bulletin of Psychology, Criminal Anthropology and Hypnotism".

For the end of the 19th - beginning of the 20th centuries. characterized by increased efforts to study the psychology of persons serving sentences (in Russia - M.N. Gernet, S.K. Gogel, A.A. Zhizhilenko, N.S. Tagantsev; abroad - I.B. Goring, V. Khilee and etc.).

Taking into account the emerging significant expansion of the range of psychological and legal problems that began to be subjected to careful scientific study, the Swiss psychologist Edouard Claparède (1873-1940) introduced the general term legal psychology in 1906. At that time, three main directions were clearly identified - criminal, forensic and penitentiary psychology.

In the development and application of the experimental method of legal psychology, a significant role belongs to the largest Russian psychologist, psychiatrist and neurologist V.M. Bekhterev (1857-1927). In his article “On the experimental psychological study of criminals”, published in 1902, and also 10 years later in the book “Objective psychological method as applied to the study of crime,” he advocated an integrated approach to the study of a criminal person, including taking into account genealogical heredity, the influence of upbringing, environment of life and features of the genesis of the psyche itself. His talented student A.F. Lazursky (1874-1917) not only developed the method of “natural

experiment", but also created a theory of personality, which as an application contained a fairly productive typology of the personality of criminals. At the Psychoneurological Institute, created in 1908 by V.M. Bekhterev, there was a special criminological section. At the beginning of the 20th century, many universities around the world began to teach lawyers special courses in legal psychology in in general or in its individual branches. For example, E. Claparède in Geneva since 1906 taught a “Lecture Course on Legal Psychology”, R. Sommer in Hesse read the “International Course of Forensic Psychology and Psychiatry”, and DA Dril at the Psychoneurological Institute - a special course “Forensic psychology".

Main trends in the development of foreign legal psychology in the 20th century. At this time, foreign scientists began to actively implement legal regulation methodological developments of such schools of psychology as psychoanalysis, behaviorism, psychotechnics. Thanks to the research of psychoanalysts F. Alexander, G. Staub, A. Adler, B. Karpman, B. Bromberg and a number of other scientists identified the role of the unconscious sphere of the individual in criminal behavior, and also proved that criminal inclinations and stylistic characteristics of the behavior of delinquents are often a consequence of early mental traumatization.

The merit of representatives of behaviorism (behavioral psychology) is the extensive study of the mechanisms of learning criminal behavior and the active introduction into practice of penitentiary institutions of various programs for “modifying the behavior of prisoners” aimed at their resocialization.

In the 20-30s of this century, guided by the methodological guidelines formulated by the founder of psychotechnics Hugo Münsterberg (1863-1916), his followers sought to develop and introduce into legal practice a variety of psychological tools, including for solving the following key problems: to prevent violations of law; to clarify the subjective composition of crimes; on the interpretation of legal cases (on decision-making in court), on psychological support for the work of law enforcement officers (development of occupational plans, professional selection, scientific organization of labor).

In the 20th century The diagnostic tools of legal psychology and, above all, the testological approach to the study of the personality of criminals are intensively developing abroad. The creator of one of the first intelligence tests, Alfred Binet, used it only in the forensic psychological examination of juvenile criminals, and later - to prove the assumption that criminals have a lower level of mental development. But in the end it was proven that the level of intelligence of criminals is not lower than that of the general population.

Among the tests of a psycho-psychological nature in legal practice, methods for both individual motor-physiological and mental processes, and for the study of integral personal properties (accentuations of character, delinquent abilities, personality orientation and projective tests ("ink spots" by G. Rorschach - 1921, "thematic apperception test) have found widespread use " - TAT by X. Morganai and G. Murray - 1935, "portrait" technique by L. Szondi - 1945, "drawing frustration" technique by S. Rosenzweig - 1945, "color choice" test

F. Luscher - 1948, etc.), as well as multi-purpose personality questionnaires (MMPI, CPI, EPI), etc. A significant achievement in the development of psychological tools is the creation of an associative experiment technique that made it possible to identify truthfulness/falsity in the testimony of criminals. In the 70-80s, foreign scientists began to resort to computer modeling in their research. Thus, in the monograph of American scientists T. Poston and S. Stewart, “The Theory of Catastrophes and Its Application,” published in Russia, approaches and results of modeling group violations in prison are discussed.

To improve the understanding of the essence of legal norms and the psychological justification of ways to improve legal regulation, in recent years, methods of legal hermeneutics have been developed and implemented.

In the field of implementation of the achievements of psychocorrection and psychotherapy in the legal sphere in the 20th century. Penitentiary institutions usually served as a kind of testing ground for the initial testing of their methods.

According to analytical reviews on legal psychology, which in 1994-1996. were done by the M. Planck Institute (Germany; Helmut Curie), currently in Western Europe alone there are more than 3.5 thousand psychologists working directly in law enforcement agencies. In addition, there are a significant number of specialized scientific centers and academic institutes where targeted research is conducted on the problems of legal psychology. In addition to the integration of efforts on a national scale (primarily through the creation of professional communities of legal psychologists: 1977 - in England, 1981 - in the USA, 1984 - in Germany, etc.) in recent years there has been a tendency towards increasing contacts and connections at the international level (conducting cross-cultural studies, international symposiums, etc.).

Development of domestic legal psychology in the Soviet and post-Soviet periods. In Russia for the first 15 years Soviet power, due to social order and the creation of organizational and institutional conditions for applied research, favorable circumstances arose for the development of almost all areas (branches) of legal psychology. Through the efforts of employees, special offices arose in many cities in the 1920s (in Saratov, Moscow, Leningrad, Voronezh, Rostov-on-Don, Samara, etc.), as well as the State Institute for the Study of Crime and Criminals created in 1925 in Moscow Not only was a significant increase in psychological and legal knowledge achieved, but also diverse means of studying the personality of offenders and influencing them were developed.1 Among the most significant monographic works of that period, the works of K. Sotonin “Essays on Criminal Psychology” (1925), S.V. Poznysheva “Criminal Psychology: Criminal Types” (1926), M.N. Gernet "In prison. Essays on prison psychology" (1927), Yu.Yu. Bekhterev "Study of the personality of a prisoner" (1928), A.R. Luria “Experimental psychology in forensic investigation” (1928), A.E. Brusilovsky "Forensic psychological examination" (1929).

1 For more details see: Pozdnyakov V.M. The personality of the criminal and the correction of the convicted person (historical and psychological essay). - Domodedovo, 1998.

At the First Congress on the Study of Human Behavior, held in 1930, legal psychology is already recognized as an applied science, the merits of scientists in the development of problems of criminal, judicial and penitentiary nature are noted (A.S. Tager, A.E. Brusilovsky, M.N. Gernet, etc. .). However, later (for more than three decades) research in the field of legal psychology in our country was stopped for political reasons.

Research in the field of legal psychology was resumed only in the 60s. The greatest activity was shown in restoring the scientific and subject status and conducting research in forensic psychology (Yu.V. Ivashkin, L.M. Korneeva, A.R. Ratinov, A.V. Dulov, I.K. Shakhrimanyan, etc.). Its teaching in law schools began in 1965-1966, its problems were discussed at sections of the III and IV congresses of the Society of Psychologists of the USSR (1968 and 1971), as well as at the All-Union Scientific and Practical Conference "Current Problems of Forensic Psychology" (1971) and the second conference in Tartu in 1986. In 1968, at the All-Russian Research Institute of the USSR Prosecutor's Office under the leadership of A.R. Ratinov began to work in the psychological research sector, and in 1974 at the Academy of the Ministry of Internal Affairs - the Department of Management Psychology. In 1975, the first (and for 20 years the only) dissertation council on legal psychology was created at the Academy, where more than 10 doctoral and about 50 candidate dissertations were defended.

Legal psychology– the science of the functioning of the human psyche involved in legal relations. The entire wealth of mental phenomena falls within the scope of her attention: mental processes and states, individual psychological characteristics of a person, motives and values, socio-psychological patterns of human behavior, but all these phenomena are considered only in situations of legal interaction.

Legal psychology arose as a response to the requests of legal practitioners; in fact, it is an applied science designed to help a lawyer find answers to questions that interest him. Not being an independent theoretical discipline, it does not have its own methodology - its principles and methods are general psychological. Legal psychology is interdisciplinary in nature. Since legal psychology arose and developed at the intersection of psychological and legal knowledge, it is related to both general psychology and legal sciences. This science is relatively young, about two hundred years old. But it is noteworthy that this direction arose almost simultaneously with psychology: psychology and legal psychology went through the entire development path “hand in hand.”

The term itself psychology“began to appear in philosophical literature already in the 17th–18th centuries. and meant the science of the soul, the ability to understand the human soul, his aspirations and actions. In the 19th century psychology leaves the bosom of philosophy and stands out as an independent branch of knowledge, acquiring a slightly different – ​​natural-scientific – shade. The official date of birth of psychology is traditionally considered to be 1879 - this year the German psychologist and philosopher W. Wundt founded the first laboratory of experimental psychology in Leipzig. It was the introduction of a strict, controlled experiment that marked the emergence of psychology as a science.

Late XVIII – early XIX centuries marked by an increase in the interest of scientists and social activists in the human problem. The principles of humanism (from the Latin humanita – humanity), the leading philosophical movement at that time, pushed the revolutionaries to create the first “Declaration of the Rights of Man and Citizen” in Europe. The victory of the Great French Revolution (1789–1794) and the adoption of new legislation in 1789 marked the beginning of the active introduction of legal psychology into judicial practice.

At this time, the anthropological school of law arose, focusing on Special attention"human factor". The works of K. Eckartshausen (“On the need for psychological knowledge when discussing crimes”, 1792), I. Schaumann (“Thoughts on criminal psychology”, 1792), I. Hofbauer (“Psychology in its main applications to judicial life”, 1808) appeared. , I. Fredreich (“Systematic Guide to Forensic Psychology”, 1835).

More than half a century later, a similar process began in Russia. The judicial reform of 1864 prepared fertile ground for the use of psychological knowledge by legal practitioners. The introduction of the principles of an adversarial trial and equality of the prosecution and defense, the independence of judges and their subordination only to the law, a free legal profession independent of the state, and a jury trial allowed for the wider use of practical psychological techniques.

The works of B.L. are published. Spasovich “Criminal Law” (1863), rich in psychological data, A.A. Frese “Essays on Forensic Psychology” (1874), L.E. Vladimirov “Mental characteristics of criminals according to the latest research.” In pre-revolutionary Russia, legal, or as they said then, judicial, psychology developed quite powerfully. Opportunity to use psychological techniques during the trials they became interested in A.F. Koni, F.N. Plevako, B.L. Spasovich, A.I. Urusov.

Russian lawyer, public figure and outstanding judicial speaker A.F. Koni made a significant contribution to the development of legal psychology. His works “Witnesses at Trial” (1909), “Memory and Attention” (1922), as well as a course of lectures “On Criminal Types” touched upon the problems of interaction between participants in the investigative and trials, the behavior of witnesses in the courtroom, the influence of the judge’s speech in court on the course of the trial, the phenomenon of “public bias” in the jury. Knowledge of both the theory and the practical side of the matter gave his work special value.

In 1912, a legal congress was held in Germany, at which legal psychology acquired official status as a necessary component of the initial education of lawyers. It is also interesting that while the West was deciding the issue of the demand for new science by lawyers, at Moscow University already in 1906–1912. The course “Criminal Psychology” was taught.

The post-revolutionary period turned out to be quite favorable for the further development of domestic psychology. At this time, Russian psychologists and psychophysiologists V.M. worked actively. Bekhterev, V.P. Serbsky, P.I. Kovalenko, S.S. Korsakov, A.R. Luria. Domestic science was in many ways ahead of foreign science.

A significant place was also given to legal psychology - it was necessary to quickly restore order in the new state: to fight the gangs that operated everywhere in the post-war years, to ensure safety on city streets, to educate and re-educate young street children. In 1925, the State Institute for the Study of Crime and the Criminal was organized in Moscow. It became the world's first specialized criminological institute. Separate offices and laboratories for the study of crime were also opened in a number of peripheral cities - Leningrad, Saratov, Kazan, Kharkov, Baku.

In the West at this time the works of C. Lombroso, G. Gross, P. Kaufman, F. Wulfen were published. Psychoanalytic theory and the teachings of behaviorists are actively developing.

The repressions of the 1930s dealt a crushing blow to the social and humanitarian disciplines. Psychology did not escape this fate - the most important laboratories and research centers were closed, and many prominent scientists were subjected to repression. Psychology, including legal psychology, was actually subordinated to pedagogy. All psychological research at the intersection with jurisprudence has completely stopped. This state of affairs was established for a long time, and only the thaw of the 1960s. changed him for the better.

With the development of astronautics, technology, and the activities of polar expeditions, psychology gradually began to acquire the status of an independent and significant discipline. Sociology also made itself known - in the form of mass statistical surveys and journalistic reflections. An important moment was 1964 - the date of adoption of a special resolution of the Central Committee of the Communist Party Soviet Union(CPSU Central Committee) “On the further development of legal science and improvement of legal education in the country.” A psychology department was opened as part of the Research Institute of the Prosecutor's Office, and already in 1965 a program for training lawyers in higher education institutions was opened. educational institutions The course “Psychology (general and forensic)” was introduced. Applied psychological research began to develop to support the goals of law enforcement, law enforcement and preventive activities. Further understanding of theoretical and methodological problems occurred in the late 1960s and early 1970s: the first major works on legal psychology by A.R. Ratinova, A.V. Dulova, V.L. Vasilyeva, A.D. Glotochkina, V.F. Pirozhkova.

Over the next twenty years, the position of legal psychology was relatively stable: active cooperation between psychologists and lawyers brought considerable results. The next blow to domestic science came from the economic crisis of the late 1980s and early 1990s.

After " second Russian revolution“A new stage of development has begun: laboratories and research centers have begun to be revived, departments have been opened, and books have been published. Full-time positions for psychologists began to be introduced in district police departments, pre-trial detention centers, and places of serving sentences. Forensic psychological examination has acquired a new status.

At the moment, new areas of joint work between lawyers and psychologists are opening up: the need to provide special psychological knowledge to the work of operational investigative groups, investigators, prosecutors and judges, and the creation of centers for psychological assistance to victims is recognized. New, experimental directions include the introduction of the institution of juvenile justice, which requires the introduction of new psychological structures into the work of law enforcement agencies: a specialized helpline for teenagers at police stations, groups of educators and psychologists of the new generation in children's correctional labor institutions.

Introduction to legal psychology question: Legal psychology as an applied branch of psychology. question: The emergence and development of legal psychology. The emergence and development of legal psychology abroad. The emergence and development of legal psychology in Russia.

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PAGE 1

Lecture 1. Introduction to Legal Psychology

1 question:

Question 2:

2.1.

2.2.

Question 3:

1 question: Legal psychology as an applied branch of psychology.

Psychology (from the Greek “psyche” soul, “logos” teaching, science) this is the science of the patterns, features of the development and functioning of the psyche as a special form of human self-organization, which manifests itself in his relationships with himself, the people around him and the world in in general. This diversity of human relationships explains a fairly large number of different applied branches of psychological science designed to provide direct assistance to people in their professional activities. It is enough to recall such rapidly developing applied branches of psychological science as child and educational psychology, labor psychology and engineering psychology, military, aviation, space psychology, and sports psychology. In this series it is necessary to put legal psychology, which we will study during the semester.

Legal psychologyan applied area of ​​psychology that studies human mental activity in the field of legal relations.

Being a border science between psychology and jurisprudence,legal psychology examinespatterns and features mental life subjects in relation to the field of legal regulation. However, this specificity is so significant that the entire system of legal psychology, its conceptual apparatus is consistent with the logic of legal regulation and legal factors. That is why legal psychology includes, in addition to the development of issues common to it (subject, system, methods), issues related to the psychology of legal regulation, psychological support of law enforcement activities, lawmaking, legal consciousness as a source of people’s legal activity and internal regulator their legally significant conduct.

Legal psychologyin relation to the entire spectrum of regulatory and scientific-legal phenomena, it is not a private field of knowledge, i.e. one of the many scientific disciplines that contribute to the improvement of legal regulation, and acts as a complementary science.

Main objects studying legal psychology are personality and activity.

Legal psychology studies not only mental phenomena in individual participants in the process of administering justice, the relationship between them, but also to explore the psychological characteristics of the activity itself related to the administration of justice in general and its individual functions.

Subject legal psychologyare various mental phenomena, individual psychological characteristics of the personality of participants in legal relations involved in the sphere of law enforcement activities, socio-psychological patterns of this activity affecting the psyche and behavior of the people participating in it.

Particularly relevant for the theory and practice of combating crime are psychological studies of operational search, investigative and prosecutorial, judicial, correctional and preventive activities of various state law enforcement agencies: courts, prosecutors, internal affairs bodies, security agencies, correctional labor institutions, as well as legal authorities. provision and legal assistance (notary, advocacy) to the population and legal entities.

How applied branch legal psychologyhas a close relationship primarily with fundamental psychological sciences: history of psychology, general and social psychology.

Influence psychological science on the development of legal psychology occursthrough useits representatives:

Methodologies;

Classification theoretical schemes;

General laws and mechanisms of emergence, manifestation and development of mental phenomena.

Modern legal psychology is characterized by very close relationships with many related psychological disciplines: differential, age, pedagogical, medical, engineering psychology, labor psychology, management psychology, etc.

Upon acceptance in the second half of the 90snew legislationa significant number of new concepts have been introduced that have a purely psychological or complex psychological and legal nature. Thus, the Criminal Code of the Russian Federation, introduced in 1997, includes rules related to the criminal liability of persons:

- with a psychological disorder that does not exclude sanity (Article 22);

- with an act committed frivolously (v. 26);

- with the determination of non-compliance of psychophysiological qualities with the requirements of extreme conditions or neuropsychic overload (Part 2 of Article 28);

- with the identification of stability and cohesion as signs of a criminal group (Parts 3.4 of Article 35);

- with the definition of mental coercion (Article 40), special cruelty (clause “e” of Article 105, clause “b” of Article 111, clause “c” of Article 131), passion and prolonged psychotraumatic situation (Articles 107,113 ), psychological suffering (Part 1 of Article 117), etc.

Question 2: The emergence and development of legal psychology.

2.1. The emergence and development of legal psychology abroad.

Interest in psychological knowledge in jurisprudence appears long before, under the influence of successes in natural science, psychology becomes an independent science. As an independent science, psychology has existed since 1879 the year when the German psychologist Wilhelm Wundt (1832–1920) opened the first psychological experimental laboratory. However, already 1792 The German naturalist K. Eckartshausen (1752–1803) wrote the book “On the Necessity of Psychological Knowledge in Discussing Crimes.” At the same time, a book by I.Kh. Schaumann (17681821) “Thoughts on Criminal Psychology,” which analyzes individual criminal legal concepts.

Thus, in XVIII XIX centuries on the basis of a new legal ideology, a specialized branch of psychological and legal knowledge emerges: criminal, and then more broadly: forensic psychology.

In the second half XIX century The anthropological school of law was born, and the interest of lawyers in the “human factor” increased. IN end of the 19th century In connection with the formation of criminology and criminology, forensic and then legal psychology was intensively formed. The famous French psychologist E. Claparède, who gave a course of lectures on forensic psychology at the University of Geneva, significantly expanded the range of forensic psychological problems and at the beginning of the twentieth century. coined the term "legal psychology". The founder of criminology, Hans Gross, created the fundamental work “Criminal Psychology,” in which he considered forensic psychology as an applied branch of general psychology. G. Gross introduced lawyers to contemporary achievements in experimental psychophysiology (with the teachings of Gustav-Theodor Fechner on the laws of sensations), with the peculiarities of human psychomotor reactions, with the laws of thinking, memory, etc. The psychology of forming and obtaining testimony is being developed (Marbe, Stern, Wertheimer). Albert Helving develops the psychology of the interrogator (policeman, judge, expert) and the interrogated (accused, victim, witness), develops a psychological interrogation technique.

However, until the emergence of depth psychologyin the first half of the twentieth century, forensic psychology remained primarily an empirical, descriptive science. The criminal personality and its motivational sphere were described by such amorphous concepts as cruelty, aggressiveness, revenge, self-interest, dishonesty, a tendency towards sadism, etc. Socio-psychological patterns remained in oblivion for a long time. During mass surveys of the causes of crime, they relied on the opinions of the criminals themselves. Next in line was the problem of psychodiagnostics of the personality of the criminal, psychological analysis of persons who committed a homogeneous crime. A number of special studies are appearing. Thus, A. Bjerre, based on large empirical material (prisoners of the central Stockholm prison), conducted a study “Psychology of Murder”, analyzed psychologically “ weak spots» this category of criminals, the features of their social maladjustment, social alienation.

Under the influence of the psychoanalytic theory of Sigmund Freud, forensic psychologists began to make attempts to penetrate into the subconscious sphere of criminals, revealing deep personal formations (Franz Alexander, Hugo Staub, Alfred Adler, Walter Bromberg, etc.). Prisoners were examined using psychodiagnostic tests and other psychoanalytic methods (L. Hublin-Smith et al.). Psychologists and criminologists have come to the conclusion that the majority of criminals have not developed the mental sphere of personality, referred to by S. Freud as the Super-Ego (Super-I), the internal structure of social self-control is torn, and there is an imbalance in the interaction of inhibitory and excitatory processes. Criminal inclination is formed, according to these authors, as a result of failures in stabilizing one’s ego (I), as a result of early mental trauma.

In the first half of the twentieth centuryForensic (criminal) psychology developed especially intensively in Germany . German criminologists shifted the focus of their research to studying the personality of the criminal and his habitat (Franz von List, Moritz Lipmann, etc.).

In German forensic psychology and criminology, psychopathological and biological directions were established. The main causes of crime began to be seen in psychological and psychopathic factors: anomalies of will, thinking, instability of mood, etc. Ernst Seeling and Karl Weindler made one of the first attempts to classify types of criminals, believing that only in this way can the true causes of crime be identified. They identified eight types of criminals: professional, property, sexual, casual, primitively reacting, malicious (convinced), hooligans, and unwilling to work. The personal characteristics of these criminals should be studied, in their opinion, by a complex of sciences - biology, psychology and psychiatry.

In the United States, legal psychology is traditionally closely related to criminology. These studies are concentrated in universities, but are generally supervised by the Federal Ministry of Justice.

In Italy, forensic psychology is traditionally focused on the clinical direction, in France - on the socio-psychological and sociological direction.

There are centers for the study of juvenile delinquency in Belgium and France. Crime research in Japan is primarily psychiatry-oriented.

Among the socio-psychological factors of crime in modern research, defects in social control, destruction of social connections, conditions promoting criminal learning, and defects in socialization are highlighted. The authors of the most significant works in the field of foreign legal psychology are: G. Toch (Legal and Criminal Psychology. New York, 1961), M. Lipmann (Fundamentals of Psychology for Lawyers. Leipzig, 1914), D. Abrahamsen (Criminal Psychology. New York). York, 1967), Belgian criminologist and psychiatrist R. Louvage (Psychology and Crime. Hamburg, 1956), N. Johnston (Psychology of Punishment and Correction, London, 1970), G. Tosb (Psychology of Crime and Criminal Justice. New York, 1979), etc. These works widely use the socio-psychological and criminological ideas of French sociologists Gabriel Tarde (1843-1904) and Emile Durkheim (1858-1917).

2.2. The emergence and development of legal psychology in Russia.

In Russia, lectures on “Criminal Psychology” at the Moscow Imperial University were given by 1806 , and the first monograph on forensic psychology was published in Kazan in 1874 , the author of which was Professor A.U. Frese (18261884). Being a psychiatrist, the author believed that the subject of forensic psychology is “the application of our information about the normal and abnormal manifestations of mental life to legal issues.”

In 1877 lawyer L.E. Vladimirov presented an article “Psychological characteristics of criminals according to the latest research,” in which he noted that the social causes of crime find their basis in individual characters, the study of which is mandatory for lawyers.

At the end of the 19th century. In connection with the development of experimental psychology, forensic psychology is gradually becoming an independent science. Its largest representative D.A. Dril pointed out that psychology and law deal with the same phenomena - the laws of human conscious life.

In the 80s of the XIX century. The activity of the outstanding Russian lawyer A.F. begins. Koni, who constantly paid great attention to the connection between criminal law and psychology. At the same time, outstanding Russian psychiatrists and psychologists began to work actively V.M. Bekhterev, S.S. Korsakov and

V.P. Serbian. V.M. Bekhterev developed specific forensic psychological problems, and S.S. Korsakov and V.P. Serbsky put forward a number of fruitful concepts that border between psychiatry and forensic psychology. At the same time, professional psychologists also turn to issues of criminal psychology N.Ya. Grot, A.V. Zavadsky, A.F. Lazursky.

On at the turn of the 19th and 20th centuries.In Russia, the problems of psychological research (examination) of participants in criminal proceedings are acute. In some cases, crime was viewed as psychopathology. However, C. Lombroso's ideas about innate criminality were not widespread in Russia and were sharply criticized by leading lawyers.

At the beginning of the twentieth century In Russia, a psychological school of law is being formed, the founder of which was lawyer and sociologist L.I. Petrazhitsky, in 1898 1918. Head of the Department of History of Legal Philosophy at St. Petersburg University. Petrazhitsky believed that the sciences of law and state should be based on the analysis of mental phenomena. However, Petrazhitsky replaced the social conditionality of law with psychological conditionality, arguing that only mental processes really exist, and socio-historical formations are their external projections. Petrazhitsky, being under the influence of Freudianism, exaggerated the role of the subconscious-emotional sphere of the psyche in people's behavior and in the formation of legal norms. The psychological school of law proceeded from the complete compatibility of law and psychology. Legal psychology was not conceptualized by the psychological school of law as a border area between law and psychology. However, despite the general failure of the psychological school of law, it attracted the attention of lawyers to the psychological aspects of law. Petrazycki's ideas had a significant influence on the development of forensic psychology in beginning of the twentieth century

In the formation of the Russian school of sociology, social psychology and criminology, an outstanding role was played by Pitirim Aleksandrovich Sorokin (1889-1968). After being expelled from Soviet Russia in 1922, Pitirim Sorokin became dean of the sociology department at Harvard University and president of the International Sociological Association. Classic works by P.A. Sorokin (“Modern sociological theories”, “Crime and punishment, feat and reward”, etc.) are widely published in the USA and in many European countries. Even during his student years, Sorokin collaborated with Bekhterev, Petrazhitsky, Pavlov, Kovalevsky, Rostovtsev. P. Sorokin classifies all rules of behavior into three groups: permitted, prohibited and recommended. The dynamics of stereotypes (patterns) of behavior depend on social and cultural dynamics (“Social and cultural dynamics” in 4 volumes, 1937–1941). Due to the non-simultaneity of social and cultural dynamics, intergroup and intragroup conflicts arise. Group unity either disintegrates or is forcibly maintained. “Protestants” are brought into obedience through positive sanctions rewards and negative sanctions punishment (punishments). Violation of a social pattern turns into a crime, and the social reaction to it turns into punishment. It should be taken into account, Sorokin notes, that there is always a certain discrepancy between the “official law” and the mentality of society. And this discrepancy is greater the faster social processes develop.

In 1902-1903 a two-volume study by G.S. is published. Feldstein “Psychological foundations of the doctrine of guilt.” Famous lawyer M.N. Gernet included the paragraphs “Psychology of the Criminal” and “Psychology of the Prisoner” in his textbook “Criminal Law” (1913). However, in all works on forensic psychology up to beginning of the twentieth century psychological provisions were only mechanically applied to individual legal phenomena.

In 1907 on the initiative of V.M. Bekhterev and D.A. Dril, a scientific and educational Psychoneurological Institute was created, the program of which included the development of a course in “Forensic Psychology”. And in 1909 The Criminological Institute was created within the framework of the Psychoneurological Institute. Professional psychologists began to study forensic psychology, and from that time on it began to develop as an independent applied branch of psychology. In forensic psychology, a range of main problems has emerged: the study of the psyche of criminals, witnesses and other participants in criminal proceedings, the diagnosis of lies, etc. V.M. actively participated in the development of forensic psychological problems. Bekhterev.

IN first years after the revolutiona broad study began of the psychology of various groups of criminals, the psychological preconditions of crime, the psychology of individual participants in legal proceedings, the problems of forensic psychological examination, and the psychology of correction of offenders. Forensic (criminal) psychology is becoming a generally recognized and authoritative branch of knowledge.

Already in 1923 at the I All-Russian Congress on Psychoneurology under the leadership of criminologist S.V. Poznyshev worked in the section of criminal psychology. The congress noted the need to train criminological psychologists, as well as the advisability of opening rooms for criminal psychological research. Following this, in many cities Moscow, Leningrad, Kiev, Odessa, Kharkov, Minsk, Baku, etc. criminal psychological offices and scientific and forensic examination rooms were organized, which included sections of forensic psychology that studied the psychology of the criminal and the crime .

In 1925 The State Institute for the Study of Crime and the Criminal was created in Moscow. Major psychologists were recruited to work in the biopsychological section of the institute. During its existence (before reorganization in 1929), the institute published about 300 works, including on the problems of forensic psychology. Among the most significant works on forensic psychology of the 20s, the works of K. Sotoni, S.V., Poznyshev, A.R. should be noted. Luria, A.E. Brusilovsky. Mass psychological examinations of various groups of criminals were carried out - murderers, hooligans, sexual offenders, etc. Problems of correctional psychology were studied, and an experimental study of witness testimony was included in the work plan of the Moscow Institute of Psychology.

In 1930 The First Congress on the Study of Human Behavior took place, at which the section of forensic psychology worked. At the section, reports by A.S. were heard and discussed. Tager “On the results and prospects of studying forensic psychology” and A.E. Brusilovsky “The main problems of the psychology of the defendant in criminal proceedings.” In the report by A.S. Tager outlined the main sections of forensic psychology: 1) criminal psychology (psychological study of the behavior of a criminal), 2) procedural psychology (psychological study of the organization of legal proceedings), 3) penitentiary psychology (study of the psychology of correctional activities). However, at that time major biologization mistakes were also made. Sharp criticism of these errors in the early 30s, as well as subsequent legal voluntarism, led to an unjustified cessation of forensic psychological research. The elementary foundations of legality were violated.

Highest supervisory authority Prosecutor's Office of the USSR in 1935 Its Directive officially sanctioned lawlessness: “Cases for which there is not enough documentary data for investigation in the courts should be sent for consideration by a Special Meeting of the NKVD of the USSR.” Violation of basic individual rights and the rule of law has become the norm of the punitive apparatus. This led to deep deformations in public legal consciousness and anomalies in the legal system. The concept of “revolutionary legality” has become a sinister tool for violating human rights. There was a social and value disorientation of society. Political power began to be viewed not as an instrument of effective general social management, but as a means of suppressing the self-expression of the individual. Human freedom in creativity, worldview, and thinking became the main objects of gendarmerie persecution. The essentially life-giving spirituality of man was persecuted, and his psyche was deformed. In Soviet jurisprudence, an understanding of the essence of law as the will of the ruling class, as an instrument of regulation, control and punishment of deviant behavior, was established. Such oblivion of the socio-legal and socio-psychological nature of laws inevitably led to the devaluation of the values ​​and regulatory capabilities expressed in them, to the collapse of a single mechanism of social regulation and the gradual disintegration of the entire social-normative order.

Before mid 60sthe problems of legal psychology were forgotten. The trends towards democratization of society that emerged in the 60s caused the development social sciences, research on legal psychology has also intensified.

In 1964 The resolution of the CPSU Central Committee “On measures for the further development of legal science and improvement of legal education in the country” was issued. Based on this Resolution in 1966 The teaching of general and forensic psychology was introduced in the country's law schools. In this situation, research began to appear on forensic psychology, interrogation psychology, and correctional psychology. In the collective work “The Theory of Evidence in Soviet Criminal Procedure,” which was published in Moscow in 1966, the chapter “Process of Evidence” included the paragraph “Psychological characteristics of cognitive activity in the process of proof,” written by Professor A.R. Ratinov. The latter’s monograph “Forensic Psychology for Investigators,” published in 1967, was also a significant event.

In 1971 The first All-Union Conference on problems of forensic psychology was held in the Soviet Union. In the Society of Psychologists of the USSR, a section “Forensic Psychology” began to function. A psychology sector was created within the structure of the All-Union Institute for the Study of the Causes and Development of Crime Prevention Measures. Departments of legal psychology are being created in a number of law schools. The Department of Psychology was organized as part of the Academy of the Ministry of Internal Affairs of the USSR. At the All-Russian Research Institute of General and Forensic Psychiatry named after. V.P. Serbsky, a psychology laboratory was created. However, the connection between psychology and law was carried out only in the sphere

criminal proceedings.

In the 70s a number of leading employees of the Institute of State and Law (Kudryavtsev V.N., Nersesyants V.S., Yakovlev A.M., etc.) carried out a radical reorientation of legal scholars towards the humanistic essence of law, and the repressive bias in its interpretation was overcome. Significant changes in the legal paradigm that occurred in the 70s required corresponding changes in the training of legal personnel. Teaching legal psychology in law schools has become one of the main means of humanitarian reorientation of lawyers, expanding their competence in the field of the “human factor”.

IN present timedomestic legal psychology thanks to the efforts of many researchers (A.V. Dulov, V.L. Vasiliev, M.I. Enikeeva, M.M. Kochenova, A.R. Ratinova, V.V. Romanov, A.M. Stolyarenko) acquired the status of a developed scientific discipline. However, many of its directions and sections have not yet been sufficiently developed. These include the psychology of civil proceedings, the psychology of private and business law, the psychology of judges, lawyers, prosecutors, court decisions, individualization of punishment, etc. Social and psychological problems of lawmaking, legal socialization of individuals and resocialization of convicts require deeper study. In connection with the social reformation of society, there is an urgent need to study the formation of new sociopsychotypes, mechanisms for the formation of democratic legal consciousness and stereotypes of law enforcement behavior in the conditions of an emerging rule of law state, as well as the study of criminogenic factors in new socio-economic conditions.

Question 3: Qualitative characteristics of a lawyer’s personality and requirements for law enforcement officers.

Any profession places certain demands on the individual specialist. There are a number of qualities that an individual must possess in order to successfully cope with the professional tasks assigned to him. The area of ​​knowledge about the properties and qualities of a person necessary for the performance of official duties is called professionography. Psychological professionography studies the psychological qualities necessary to perform a particular work activity. The result is a generalized psychological portrait of a person who is the most successful in a given professional field, which implies the ability to cope with assigned work tasks at a high level.

A psychological analysis of a lawyer’s professional activity covers the required personal qualities of law enforcement officers, their socio-psychological characteristics and examines the individual structural components of their activities. Identification of these structural formations allows us to develop a professiogram of law enforcement activities to describe various objective characteristics of the activity and requirements for individual characteristics of a person, to determine a psychogram professionally significant personality traits of a lawyer and ultimately create a reliable system for assessing and selecting candidates for service in law enforcement agencies.

Professional activity lawyers, especially employees of the prosecutor's office and court, is a type civil service with the inherent characteristics of this activity specific features. Knowledge of these features is necessary not only for developing a professiogram of a lawyer’s work, but can also be useful for those who seek to obtain a legal education, master the legal profession, apply their abilities in the field of law enforcement, who must be prepared to overcome the difficulties that they inevitably face. will meet in your work. Here psychological professionography performs a career guidance function.

The professional activity of lawyers, especially those who are at the forefront of the fight against crime, in some cases is very stressful, due to the performance of a large volume of complex, diverse work in conditions of an acute shortage of information and time, active opposition from interested parties, who often ignore legal norms. Often, neuropsychic overload is aggravated by disruptions to the usual daily routine, forced abandonment of the usual rest for many people, which sometimes leads to the development of persistent states of mental tension, emotional instability, the appearance of neurotic reactions and various diseases that develop on this basis. A competent approach to organizing work, using human resources, staffing, planning staff development, organizing recreation and rehabilitation activities is also important. Any organization must not only find professionals, but also retain them.

Thus, the tasks of the psychology of labor activity of lawyers are reduced to the following main tasks: professionography, vocational guidance and selection, labor organization and rehabilitation.

Despite the variety of specialties in law enforcement and law enforcement, which put forward slightly different requirements for the personal qualities of candidates, we can highlightcommon points inherent in investigative, prosecutorial, judicial, and legal advisory activities. Depending on the characteristics of a particular type of activity, the specific weight and significance of each individual substructure changes to some extent, however, the basis, the backbone of a lawyer’s psychogram remains unchanged.

For a successful solution practical problems it is necessary to determine the requirements imposed by this activity on the psyche, personality of the lawyer, his psychophysiological qualities, which should form the central content of the psychogram of the lawyer’s personality with the definition of clear criteria for his professional suitability or unsuitability for work in law enforcement agencies, various state-legal and other structures.

The law enforcement activities of employees of state legal structures of various official positions are quite clearly regulated. Deviation from his official duties or violation of official powers by a lawyer is considered a violation of the law, which indicates, first of all, the low level of his professional competence. This circumstance creates a requirement for strict compliance with legal norms, which must be organically integrated intovalue structures of a lawyer’s personality. The need to comply with moral and legal normsone of the leading, dominating among other socially significant needs that influence the quality of work of employees of legal structures.

The stressful nature of the work of lawyers, especially employees of operational and investigative departments, places high demands on human qualities that help overcome destabilizing factors.Applicants for positions in law enforcement agencies must be different good physical health, endurance, tolerance to long-term psychophysical overloads, high performance, have high level of neuropsychic, emotional stability, which should be considered as the most importantfactors of their professional suitability.

Necessary qualities of a law enforcement officer are independence And responsibility. Thus, the investigator makes all decisions on the implementation of investigative actions independently, except for cases where the law provides for obtaining a sanction from the prosecutor, and bears full responsibility for their legal and timely implementation. The procedural independence of the investigator, prosecutor, and judge, within the limits determined by law, presupposes a high level of responsibility, strong-willed qualities and organizational abilities.

Ability to work with people – most important quality which a lawyer must have.Establishing official and interpersonal contacts with representatives of various government bodies, taking into account the individual psychological characteristics of participants in legal relations, ability to maintain a favorable psychological climate in the work team, resolve conflict situationsrequire personal information from the lawyerhigh level of communication skillsand compliance with the rules of ethical business communication.

In many cases communication as a special type of professional activity acquires an independent character for a lawyer, for example, in a situation of interrogation during a preliminary investigation or at a court hearing, when a verdict is passed by the court in the deliberation room, during public speaking in front of a judicial audience, during meetings with representatives of funds mass media. Whereinprofessional communicationas one of the components of legal activityshould be considered not only as the actual exchange of information, the formal side of communication, but also as a process of interpersonal interaction - the informal side. The ability to establish interpersonal (psychological) contacts with various participants in communication, communicative competence are qualities that significantly influence the efficiency of lawyers’ work, one of the most important factors of their professional suitability.

The balance of the listed aspects of the professional activity of lawyers requires them tohigh level of professional adaptation, personal integration, social maturity; neuropsychic, emotional-volitional stability; intelligence, flexible creative thinking; courage, determination, self confidence, ability to take responsibility for decisions made, persistence with a high level of self-criticism.

TO personality traits, forming the specified factor,should include:high level of legal awareness, honesty , civil courage, conscientiousness, integrity and intransigence in the fight against violations of law and order, obligation good faith, diligence, discipline. Evidence of a lawyer’s professional unsuitabilitypolar opposite qualities:immorality, dishonesty, irresponsible attitude towards business, indiscipline.

Determining ways to improve the efficiency and quality of law enforcement activities involves a comprehensive study of the individual psychological characteristics, personality traits of a lawyer, and their compliance with the requirements of the profession. Establishing clear connections between these requirements and the personality traits of a lawyer, identifying individuals who are suitable for this activity based on their individual psychological qualities are the basis for optimizing the work of law enforcement officers.

Psychology belongsessential place in organizations of all types human activity. The patterns of an individual’s psyche largely determine not only his ability to participate in public work, performing a variety of functions depending on his official or personal aspirations, but also his ability to carry out his work in accordance with his chosen profession. By exploring the patterns of a person’s mental activity in connection with his professional affiliation (out of necessity or by vocation), we find out its features, which contribute, on the one hand, to the knowledge of the organizational foundations of the work performed by the individual professional functions, and on the other hand, improving the organization of this activity.

The study of psychological activity makes it possible to identify the skillfully necessary mental characteristics of the persons participating in this work. Among them are:

Creative thinking;

Communication skills;

Volitional properties;

Organizational skills;

The ability to resist negative emotions.

Now let’s take a closer look at these psychological features of a lawyer’s activity.

CREATIVE THINKINGcharacterized by a search for unusual ways to establish the truth and individual events in conditions where information about an event is absent or limited. Creative thinking is associated with the discovery of evidence, identifying its causal relationship to the crime, putting forward versions - models of the action that took place. It is typical for situations arising from civil legal disputes, where the establishment of individual disputes does not fit into the framework of standard logical decisions. Creative thinking is acquired in the process of implementing all types of law enforcement activities, where the abundance of situations, their conflicting nature, and the lack of sufficient information stimulate the development of imagination, thereby ensuring the necessary activity of the investigator, judge, etc. at all stages of establishing the truth in the case.

COMMUNICATION- this is a person’s ability to establish psychological contact when communicating with different age and social groups of people. Establishing psychological contact, otherwise known as emotional contact, is a fundamental condition for any kind of communication, especially one whose purpose is to obtain information necessary for making decisions in specific situations. The sociability of a person can be natural, determined by the qualities of character and character, but most often it needs to be nurtured and developed. Legal activity in all its manifestations is associated with communication with people. And often in extreme conditions. And the communication function comes to the fore, pursuing various goals. Therefore, a lawyer needs to know the methods of establishing psychological contact and use them for his own purposes to obtain good results.

LITERATURE:

Main:

1. Petrunya O.E. Legal psychology: Tutorial. M.: Publishing house. EAOI Center, 2007. 171 p.

Additional:

1. Zhalinsky A.E. Professional activity of a lawyer. Introduction to the specialty. Tutorial. - M.: BEK Publishing House, 1997.

2. Konovalova V.E. Legal psychology. - Kharkov: Consum, 1997.

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