Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 78
Julio
Septiembre
2023
Recibido el 20/02/23 Aceptado el 16/04/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca cn aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al o y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Co mi Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
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Co mi Ase sor
Pedro Bracho Grand
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
Dr. Hum ber to J. La Ro che. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 78 (2023), 116-127
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Structure of legal consciousness
in the system of human rights:
civilizing and psychological aspect
of the development of the society
DOI: https://doi.org/10.46398/cuestpol.4178.08
Oleksandr Skrypniuk *
Yaroslav Zhovnirchyk **
Valentina Shamrayeva ***
Natalia Tsumarieva ****
Ivan Bandura *****
Abstract
The main objective of the article was to analyze the structural
parts of legal consciousness in the human rights system: with
special emphasis on the civilizing and psychological aspect of
societal development. In this context, the subject under discussion
is legal consciousness as a phenomenon and concept in the human
rights system. Based on the results of the study it was determined that legal
consciousness is a set of legal ideas, feelings, beliefs and assessments that
express the attitude of individuals, social groups and society as a whole to
the law and, to the behavior of people in the eld of law. It is concluded
that the experience of legal consciousness, has a complex internal structure
and a sensationalist character, therefore, allows to know and understand
more fully and objectively the legal reality of the structural elements of
consciousness in the system of human rights, revealing its civilizational and
psychological aspect in the development of society. Thanks to the modern
method of modeling, a model for the study of the development of legal
consciousness in the human rights system has been formed. This made it
possible to achieve the stated object.
Keywords: representations of law; legal subjectivities; society and legal
consciousness; human rights; civilizing aspect.
* Director of Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Kyiv,
Ukraine. ORCID ID: https://orcid.org/0000-0001-7052-3729
** Department of Public Administration and Administrative Law of the Institute of State and Law V.M.
Koretsky National Academy of Sciences of Ukraine, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-
0002-1378-9923
*** Department of International and European Law, V. N. Karazin Kharkiv National University, School
of Law. Department of International and European Law, Kharkiv, Ukraine. ORCID ID: https://orcid.
org/0000-0002-7140-3742
**** Faculty № 1, Donetsk State University of Internal Aairs, Kropyvnytskiy, Ukraine. ORCID ID: https://
orcid.org/0000-0002-4005-0745
***** Judge of the Svyatoshyn District Court, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-
3516-6599
117
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 116-127
Estructura de la conciencia jurídica en el sistema de
Derechos Humanos: Aspecto civilizador y psicológico del
desarrollo de la sociedad
Resumen
El objetivo principal del artículo fue analizar las partes estructurales
de la conciencia jurídica en el sistema de derechos humanos: con especial
énfasis en el aspecto civilizador y psicológico del desarrollo de la sociedad.
En este contexto, el tema a debate es la conciencia jurídica como fenómeno
y concepto en el sistema de derechos humanos. Con base en los resultados
del estudio se determinó que la conciencia jurídica es un conjunto de ideas
jurídicas, sentimientos, creencias y valoraciones que expresan la actitud de
los individuos, grupos sociales y la sociedad en su conjunto ante el derecho
y, ante el comportamiento de las personas en el campo del derecho. Se
concluye que la experiencia de la conciencia jurídica, tiene una estructura
interna compleja y un carácter sensacionalista, por lo tanto, permite conocer
y comprender de manera más completa y objetiva la realidad jurídica de
los elementos estructurales de la conciencia en el sistema de derechos
humanos, revelando su aspecto civilizatorio y psicológico en el desarrollo
de la sociedad. Gracias al método moderno de modelado, se ha formado un
modelo para el estudio del desarrollo de la conciencia jurídica en el sistema
de derechos humanos. Esto hizo posible alcanzar el objeto planteado.
Palabras clave: representaciones del derecho; subjetividades jurídicas;
sociedad y conciencia Jurídica; Derechos Humanos;
aspecto civilizador.
Introduction
It should be noted that the problem of legal consciousness is one of
the key problems of legal science, since legal consciousness, as one of the
forms of public consciousness, performs extremely important functions
and tasks, implements generally signicant goals in the system of social
relations. Despite the fact that more than one generation of researchers has
been studying this social and legal phenomenon, there is no single generally
accepted interpretation of legal consciousness. This is due to the fact that
an exhaustive scientic denition of this category cannot be short and
unambiguous.
Society consists of a system of social groups, groups of individuals,
political associations. At the same time, they are an integral part of society,
therefore, in the legal consciousness of social groups, individual citizens,
there are always assessments, imperatives, schemes of legal consciousness
118
Oleksandr Skrypniuk, Yaroslav Zhovnirchyk, Valentina Shamrayeva, Natalia Tsumarieva y Ivan Bandura
Estructura de la conciencia jurídica en el sistema de Derechos Humanos: Aspecto civilizador y
psicológico del desarrollo de la sociedad
in general. Along with them, the legal consciousness of social groups has its
own group legal guidelines, standards, special criteria for requirements for
the level of legal consciousness.
They are the product of the special place that a certain social group
occupies in the system of society, its specic activity, the special goal that
it has, and the specic means of achieving it. The legal consciousness of a
separate social group should be dened as a group legal consciousness in
the system of human rights. Most often, it manifests itself in the process of
passing laws or legal regulations aecting the interests of these groups, as
well as regulating their relations with each other and with the state.
One of the most important aspects of the development of the legal
consciousness of society is the study of psychological aspects. That is why
our study is relevant and important. The main purpose of the article is to
analyze the psychological qualities of the development of legal consciousness
in the system of formation of a civilized society. The object will be legal
consciousness as a phenomenon and concept.
The structure of the article involves an analysis of the literature and a
review of the methods used that form the main methodology of the study.
The main results of the study, the part under discussion and the current
conclusions are presented.
1. Materials and methods
The methodological basis of the article is the fundamental foundations of
the psychological aspects of structural legal consciousness as a fundamental
feature of a civilized society in the system of human rights. To solve the
tasks set, dialectical, systemic, logical and historical methods of scientic
knowledge are used, which ensure the conceptual unity of the work on the
development of the psychological aspects of structural legal consciousness
as a fundamental feature of a civilized society in the system of human rights.
The following methods were used in the research process: structural-
logical method, scientic abstraction method, analysis and synthesis,
modeling and the method of abstract conclusion based on the results of the
analysis of the psychological aspects of structural legal consciousness as a
fundamental feature of a civilized society in the system of human rights.
The information base of the study is legal documents and publications on
the psychological aspects of structural legal consciousness as a fundamental
feature of a civilized society in the system of human rights.
Thanks to the modern modeling method, a model for the development of
legal consciousness in society was formed, taking into account psychological
aspects. This made it possible to achieve the goal.
119
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 116-127
2. Literature review
As most scientists note, legal ideology is the presented image of law,
its reection in legal norms, concepts, conclusions, theories and concepts,
it is a reection of law, which may be existing or existed, acceptable or
undesirable. Although legal ideas are born in the human brain, the sources
of their occurrence and the cause of development are legal, social, economic,
political reality, the practical activity of people, in the process of which legal
ideas, views, social and political requirements are formed. Legal ideology
actually aects all aspects of public life, primarily the socio-economic
and political situation, being embodied in legal norms, principles, and
traditions. Finding its reection in human consciousness, legal ideology has
a signicant impact on people’s behavior (Maksimov, 2012; Minchenko,
2019).
In modern legal science, there are dierent approaches to determining
the structural elements of legal consciousness and its functional purpose
and role in the development of the state as such. As a rule, Ukrainian
lawyers distinguish three main approaches to the analysis of the structure
of legal consciousness. The rst approach involves the analysis of legal
consciousness at the level of society, group, individual. In the second case,
the analysis of the structure of legal consciousness is associated with the
knowledge and study of law at the ordinary, scientic (theoretical) and
professional levels.
The third approach to the analysis of the structure of legal consciousness
is associated with the general cultural level of a certain community in
general, in particular its legal culture, and a certain ideology that prevails
in society at the time of studying the above issue. In our opinion, it is
appropriate to highlight the fourth approach, determined by the relationship
of legal ideology and legal psychology as the main components of legal
consciousness (Myronova, 2008; Pavlyshyn, 2017).
According to scientists (Shevchenko, 2020; Sylkin, 2021), the legal
psychology of the group consists of legal education, which is characterized
by the total knowledge of the members of the group on the legal system
of society, about law in general, understanding their own rights and
obligations, ways to implement them, etc.; legal awareness, characterized
by the group’s knowledge of the current legislation, as well as the ability to
apply it; legal public opinion, that is, the point of view inherent in the group
regarding the law, legal prescription, decisions of state bodies, actions of the
state apparatus and law enforcement agencies, the work of the courts; the
legal climate, primarily due to group moods, experiences, feelings caused
by the reaction to the legal reality; legal experience acquired by the group
as a result of legal events.
120
Oleksandr Skrypniuk, Yaroslav Zhovnirchyk, Valentina Shamrayeva, Natalia Tsumarieva y Ivan Bandura
Estructura de la conciencia jurídica en el sistema de Derechos Humanos: Aspecto civilizador y
psicológico del desarrollo de la sociedad
Individual legal psychology and swings intellectual, moral,
psychophysical and other specic qualities of the individual, the level of
its general culture, professional competence, spiritual development, self-
organization, socialization. A signicant role in the formation of individual
legal psychology is played by motivation associated with the legal ideals and
stereotypes that prevail in society.
As noted in the scientic literature (Kryshtanovych, 2021; Bandura, 2019;
Bortnyk, 2021; Jianjian, 2018; Kovkel and Popova, 2019), the structure
of legal consciousness consists of legal knowledge, assessments, certain
experiences, grouped at three levels - ordinary, scientic (theoretical) and
professional.
The scientic level consists of legal doctrines and concepts that are
the embodiment of legal knowledge developed within the framework of
a particular legal system. Legal consciousness has the following types:
individual legal consciousness, group (collective), public. At the same time,
in modern legal science there are dierent views regarding the levels of
legal consciousness: cognitive (cognitive), emotional, evaluative.
Giving due to the scientic achievement in such studies, the
characterization and analysis of the psychological aspects of the development
of legal consciousness through a structural approach to the formation of a
civilized society is still relevant today in the system of human rights.
3. Research Results and Discussions
Modern cardinal changes in the social and economic conditions of life
cause an increase in the weight of the subjective human factor in building
a civilized society. The practical necessity of understanding the content-
psychological mechanisms of social interaction of people, their social
consciousness is actualized. For the rst time, humanity faced the question:
is the level of consciousness of citizens sucient for a satisfactory solution
of legal relations between them.
The dramatic search by a person for the meaning of his life, the acquisition
of his own worldview position has always existed. Today, in the new social
conditions, this search often manifests itself not only in the reassessment of
the values of the historical past, but also in those values, motives and goals
of behavior that have existed for many decades and formed the basis of
both everyday and professional legal consciousness in the system of human
rights.
The main characterizing elements of legal consciousness in the system
of human rights are presented in Fig.1.
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CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 116-127
Figure 1. The main characterizing elements of legal consciousness in the system
of human rights. Formed by authors.
The inevitable processes of renewal of society contribute to the
formation of a new ideological culture of the individual as the basis of his
spirituality. Despite the great inertia of public consciousness, society strives
for a new and better life, but is in no hurry to abandon old stereotypes,
people continue to live by the old rules. Consequently, a legal person, being
in the system of legal relations of a particular society, may face a serious
discrepancy between individual legal concepts, forms of behavior, values,
as well as the whole image of the world of dierent participants in legal
relations.
Therefore, we see the particular importance of this study not only in
identifying and structuring the content of the legal consciousness of
the subject, but also in the ability to identify the causes and predict the
consequences of the above discrepancy, which manifests itself in social
interaction.
A legal person is a person who is represented in a legal perspective, that
is, falls under the system of social and legal regulation, according to which
he acquires certain legal properties and qualities that allow him to actively
engage in political and socio-legal reality, to fully exercise his rights and
obligations. , as well as to show political and legal activity for sustainable
122
Oleksandr Skrypniuk, Yaroslav Zhovnirchyk, Valentina Shamrayeva, Natalia Tsumarieva y Ivan Bandura
Estructura de la conciencia jurídica en el sistema de Derechos Humanos: Aspecto civilizador y
psicológico del desarrollo de la sociedad
state development. The properties of a legal personality include: rstly, a
person’s awareness of his personal, social group and common interests,
which becomes an incentive for the socially useful behavior of the individual.
Secondly, a person’s awareness of duties to other people, social groups
and society as a whole. Thirdly, the socio-political and legal activity of the
individual, expressed in its positive behavior.
The main properties of legal consciousness are its ideality, rationality,
reexivity, universality, intentionality, creativity, subjective-objective
character, normativity, structural unity and mediation in language.
The usual level of legal awareness is inherent in individuals and social
groups that implement legal prescriptions in everyday relationships.
Ordinary legal consciousness is formed spontaneously under the inuence of
specic living conditions, personal life experience and legal education, and
then its main components are aimed at assimilation of legal requirements
only to the extent that they are necessary for practical use in everyday life.
Professional legal awareness is a system of specialized legal knowledge,
skills, beliefs, feelings, through which the application of law is carried out.
Professional legal consciousness is the legal consciousness of specialists
in the eld of law, it is dierentiated depending on dierent areas of legal
relations (for example, economic, commercial, civil law, criminal law,
criminal procedure). Professional legal consciousness consists in the social
group of professional lawyers, as well as in individual legal consciousness
on the basis of legal practice, under the inuence of legal science and
theoretical legal consciousness.
The model of the development of the civilized and psychological aspects
of the legal consciousness of society in the system of human rights is shown
in Figure 2.
123
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 116-127
Information on
the progress of
solving Stage 2
Information on
the progress of
solving Stage 3
Development of legal literacy
Compliance with the personal legal
field
K1
Stage 2
Stage 3
Organizational meansTechnical means
Directives to ensure stage 2Directives to ensure stage 3
Results
Results
Human psychology Current legislature
Resource support
Psychological
development of
legal consciousness
Organization of a system of
methodological and practical training
of the personnel of an educational
institution, including the latest
methods of social and pedagogical
support for children with special
needs
Internal awareness of human rights
Stage 1
Figure 2. The model of the development of the civilized and psychological
aspects psychological aspects of the legal consciousness of society in the system
of human rights. Formed by authors.
Professional legal awareness, its main components are distinguished by
the ability to constantly develop in the process of law enforcement, the ability
to ensure overcoming diculties in a particular area of law enforcement.
This includes specialized legal knowledge, skills, abilities, legal attitudes,
mental qualities of a law enforcement ocer (sustainable readiness), as
well as updating these components, their active use for the implementation
of specic law enforcement actions. Such an internal disposition of the law
enforcement ocer for specic actions to apply the law, the mobilization of
all components of professional legal consciousness for the implementation
of active law enforcement actions is called situational readiness for law
enforcement.
Legal ideas, legal norms and institutions, legal acts, legal attitudes
reect the state of the society’s legal consciousness, while an individual legal
culture is a set of ideas, a perceived need, an internal need for a person’s
behavior in the eld of law, which is based on its legal consciousness. Based
on this, one can join the generally accepted scientic position that legal
behavior is directly determined by the legal consciousness of the individual.
124
Oleksandr Skrypniuk, Yaroslav Zhovnirchyk, Valentina Shamrayeva, Natalia Tsumarieva y Ivan Bandura
Estructura de la conciencia jurídica en el sistema de Derechos Humanos: Aspecto civilizador y
psicológico del desarrollo de la sociedad
Legal ideology is representations, views, concepts, beliefs, theories,
concepts regarding legal reality, that is, relatively systematized knowledge
about specic legal phenomena, their understanding at a suciently high
scientic level. Legal ideology corresponds to the level of scientic and
theoretical reection and assimilation of reality. It is characterized by a
purposeful, scientic or philosophical understanding of law as an integral
social institution not in its individual manifestations (for example, through
certain norms, judicial decisions, etc.), but as an independent element of
society (culture, civilization). In the eld of ideology and through ideology,
the needs and interests of social groups, nations, and states are reected.
The structure of the group’s legal psychology includes the following
elements: legal education, awareness, legal climate, legal experience
(with substructures of the group’s legal beliefs, group value-normative
orientations, legal position and legal activity). Legal education is the totality
of knowledge possessed by group members in relation to the legal system of
society, the role of law and legality in the life of society, their own rights and
obligations, and ways to implement them.
Legal awareness - knowledge by the group and its members of laws and
other legal guidelines, both already in force and new ones being developed,
as well as the ability to navigate them when making decisions regarding
their own life and the activities of the group Legal climate - a complex
phenomenon in the form of an integral characteristic of the psychological
atmosphere the legal life of the group The decisive role in it is played by
group moods - experiences and feelings caused by the reaction to various
legal events.
Legal experience is a special psychological and legal phenomenon that
arises as a result of legal events (dynamic, one-time, repeated) occurring
in a group. The group’s legal beliefs consist in the cumulative product of
individual opinions that arise in response to legal questions and play the
role of a group’s legal worldview. Group value-normative orientations are
socio-psychological norms of understanding, attitude and behavior in the
legal sphere of society. The legal position reects the place that the group
occupies in the system of law and in relation to it.
The position can be actively supportive, law-abiding, selectively law-
abiding (actively supporting in relation to some legal acts and condemning
in relation to others), delinquent and actively opposing. Provides
motivation for appropriate actions. The legal activity of group psychology,
which characterizes not only the reection of legal reality in the passive
manifestations of group psychology, but also the system of motivations,
needs, aspirations, creative research, desires to prove themselves in the
legal system.
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CUESTIONES POLÍTICAS
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Value orientations are a stable system of attitudes, oriented in a certain
way to social values, which directs people’s behavior in relation to these
values in the context of their complex interaction. The dominant attitudes
form the orientation of the personality, determine its life position and
characterize the content side of the value orientation. Legal orientation is
an integrated set of legal attitudes of an individual or a community that
directly forms an internal plan, a program of activity in legally signicant
situations. Thus, the regulatory function of law is carried out through legal
attitudes and orientations, synthesizing and stabilizing all other sources of
legal activity in the system of human rights.
Legal consciousness is a self-reection, a reection of legal reality
through the prism of individual interest. Therefore, legal consciousness
acts as an element of motivation for the actions of an individual, social
groups in accordance with the rules of law, i.e. performs motivational and
reective functions. The predictive function of legal consciousness lies in
the fact that it is able to get ahead of practice, to predict the development
of certain processes in the eld of law, it, in fact, is the result and at the
same time the process of reecting and assimilating legal reality, taking
into account the interests of people. Finally, legal consciousness produces
its own categorical, conceptual apparatus that characterizes the legal
reality; therefore, it is also possible to single out the function of terminology
inherent in it.
Conclusions
A statement about the absorption of legal consciousness by law or its
identication with other legal categories, such as legal understanding, legal
inuence, legal education, legal culture, etc. in the development of legal
relations, expresses the public vision of legal reality, on the one hand - as
an observer, that is, without performing specic legally signicant actions,
and on the other - as a direct participant, publicly manifesting a negative
or positive attitude towards ensuring the rights and freedoms of man
and citizen (demonstrations, strikes, writing publications as a subject of
legislative initiative).
Summing up, it should be noted that legal consciousness reects legal
reality. In this regard, through the analysis of legal consciousness, its
development and specics, it becomes possible to understand how law
functions in society, how society as a whole and individual citizens perceive
law, relate to it, recognize or do not recognize the values enshrined in it. ,
norms, principles, ideas, etc. Considering this, the consideration of various
problems of legal consciousness, many of which are still debatable, is of
paramount importance in the system of philosophical and legal knowledge
in the system of human rights.
126
Oleksandr Skrypniuk, Yaroslav Zhovnirchyk, Valentina Shamrayeva, Natalia Tsumarieva y Ivan Bandura
Estructura de la conciencia jurídica en el sistema de Derechos Humanos: Aspecto civilizador y
psicológico del desarrollo de la sociedad
The emotional and psychological component of legal consciousness
consists of the sensations and experiences that social subjects have in
connection with their participation in legal relations and are formed on the
basis of legal knowledge and ideas about the rules of law, legal rights and
obligations, as well as legality, law-making and law enforcement activities
and related perception and evaluation of legal phenomena.
Such feelings and experiences include, for example, condence in the
fairness of legal norms, normative legal acts, impatience for their violation.
Emotional feelings and psychological experiences are an integral part of
legal consciousness and behavior. Accompanying almost any manifestation
of the legal activity of the subject and directing it to achieve vital goals,
emotions and feelings are one of the main elements of the mechanism
for regulating legal relations. A developed legal consciousness implies
the formation of stable stereotypes in the eld of emotions, feelings and
experiences among its bearers.
As a result, as a conclusion, it can be argued that legal consciousness
is a complex systemic formation containing various elements that form
its structure, the consideration of which is important in connection with
the changes that have befallen modern legal reality. The demolition of
established stereotypes in philosophical and legal science, the radical
reform of the legislative framework have become factors that have
changed precisely the idea of the elements of legal consciousness in the
system of human rights. The number of elements of legal consciousness,
their relationship are interpreted by dierent authors ambiguously. This
question is debatable to this day. Precisely because it should be considered
in further research in more detail.
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BORTNYK, Nadiia; ZHAROVSKA, Iryna; PANFILOVA, Tetiana; LISNA,
Ivanna; VALETSKA; Oksana. 2021. “Judicial Practice of Protecting
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Esta revista fue editada en formato digital y publicada
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