Professional consciousness as a factor in the regulation of the professional activity of atterneys

In that article is considered the professional consciousness and its development in the activity of attorney. It was opening the psychological analysis of the special advocate’s activity. The professional consciousness of advocate is characterized like an insight intellectual subject’s model, in what from the one hand describes the sense of the law norms of society, and from another hand is formed the programs purposeful law’s executive activity. In the professional consciousness of the personality of the attorney are connected display and regulatory areas of the psyche. The psychological mechanism of interaction of the reflective (theoretical) sphere of professional consciousness with its regulatory sphere is extremely complicated, but it is revealed through the methods of system analysis. One example of the use of system-activity analysis can serve as the theory of phased formation of mental activities (P. Ya Halperin). The use of this method allows deeper to reveal the stages of development of professional consciousness of the attorney’s personality. The professional activity of an attorney is characterized by an extraordinary variety of solvable tasks. This activity is primarily related to the norms of law, and some of its types contain the following concepts: law enforcement activities, human rights activities, and so on.


Introduction
The atterney in Ukraine acts to ensure the right to protection from prosecution and to provide legal assistance in dealing with cases in courts and other state bodies.It is subject to the general principles of ethics of atterneys, approved by the International Association of Attorneys and approved by the Union of Advocates of Ukraine.Democratization of social processes, extension of the rights of a defense atterney under the Law of Ukraine "On Advocacy" and in accordance with changes introduced in the criminal procedure legislation, creates new opportunities for advocacy.
In the professional consciousness of the personality of the atterney are connected display and regulatory areas of the psyche.The psychological mechanism of interaction of the reflective (theoretical) sphere of professional consciousness with its regulatory sphere is extremely complex, but it is revealed through the methods of system analysis.One example of the use of system-activity analysis can serve as the theory of phased formation of mental activities (P.Ya Halperin).The use of this method allows deeper to reveal the stages of development of professional consciousness of the atterney's personality.

Goals of article
To uncover and analyze professional consciousness as a factor regulating the professional activity of atterneys.

Analysis of recent research
The professional consciousness of atterneys, its ontological, functional and other characteristics was the subject of studying various psychological schools, as well as scholars of the humanities (philosophy, psychology, pedagogy, history).M. Ya.Sokolov and V. O. Levansky, who developed a model of professional consciousness of different groups of atterneys, made an important contribution to the formation of the theory of professional consciousness.
According to O.M. Kurlaev's reflection of objective reality by representatives of one profession or another is influenced by at least two factors: the objective, that is, the conditions of professional work; subjective, psychological peculiarities of the person.The presence of the first factor allows us to speak about the relative independence and integrity of this type of group consciousness, as professional consciousness.Characteristics of the professional consciousness of atterneys should begin with some terminological clarifications.The term "professional consciousness" in the broadest sense means the consciousness of various professional groups.In this regard, at first glance, you can agree with BD Parigin, who considers professional consciousness as a fact of a person's awareness of belonging to a certain set of social groups.
O.V. Kobetz drew attention to the fact that the role of professional consciousness "is not expressed in the fact that it corrects the law with its criteria beyond the current law, but that it helps to overcome the gap in the mind of the interpreter of the applicable norm from the system of this branch of law or law in general, helps to realize its socio-political significance, to reveal the true meaning and specific content of the law in applying to a particular case".
O.V. Klishina believes that the professional consciousness of an atterney, due to his outlook, ideas about the right, professional knowledge and life experience, in this case serves only as a basis for the interpretation and application of law, but is not its source.It is legal awareness that helps to understand the true meaning of the law without having the purpose of changing or abolishing it.The great merit of the atterney lies in the fact that he "... directly forms the quality, the perfection of the law as a defining moment in the rule of law; is able to provide the optimal mode of the whole mechanism, the requirements of the law, since the latter acts as a product of legal practice and an instrument in everyday activities".
According to S.D. Gusariev, special attention to the professional activity of a atterney deserves a functional way of interpreting law, which is based on the particular circumstances and conditions of application of one or another legal norm.In this case the atterney uses "assessments and arguments relating to the sphere of politics, justice, morals".
The professional activity of a atterney is characterized by an extraordinary variety of solvable tasks.This activity is primarily related to the norms of law, and some of its types contain the following concepts: law enforcement activities, human rights activities, and so on.Investigating the activity of the atterney V.L. Vasilev drew attention to the fact that she is one of the professions, which is full of extreme extremes and professional stress.The success of a atterney depends largely on the ability to communicate, from the approach to the client, the interaction with the judge, the investigator, the prosecutor.An important role is played by the organizational activity of the atterney: preparation for the process; drawing up a plan; application of methods and tools, formed by practice and professional experience.

Presenting main material
The professional consciousness of the atternew in the process of its development and functioning acts as a complex self-regulated functional system of conduct in human rights activities, which includes the processes of acceptance and processing of legal information, and relevant human rights actions.This system is reflected by us in the structural-functional scheme (Fig. 1).
It can distinguish several basic functions: the perception and selection of socially meaningful information, the formation of a conceptual model (legal knowledge); motivativnost, that is, mediation of actions, previously assimilated by the subject of interests, guides, values orientations; purposefulness on certain actions, formation of a program of behavior and choice of ways of action; prediction, prediction of the final result of action, their social and personal consequences; implementation of normative acts; self-monitoring on the basis of a consistent ratio of observed results with standard representations about legal norms of behavior; evaluation of the obtained result by its comparison with the ideas of the purpose; correction and normative reorganization of behavior in case of negative result.
In the formation of professional consciousness of an advocate an important role is played not only by subjective self-esteem, but also by an objective social assessment of the behavior of other people.This assessment is the most important factor that stimulates intellectual analysis and emotional experiences of the personality of the results of their actions, responsibility, the desire to improve their socio-normative behavior.
For legal behavior, as a kind of volitional process, the property of self-regulation is characteristic, which consists in a constant phased comparison of the results of actions and actions with standards of law and the representations of the desired end result, preserved in consciousness.
The most rational way of forming the legal behavior of an individual is to: master the content and social role of ethical norms; perception of examples of law enforcement behavior; practical implementation of legal actionsactions -development of abilities; conscious self-control; exercises on enforcement actions -actions and their transformation into skills that allow to automate the correct actions in appropriate situations; the transformation of the correct ethical and legal skills into Volume 28, Number 4, 2018 29 the habits of ethical-legal behavior, so that law-making behavior becomes a person's need.
Beginning under the influence of socially established legal norms, professional consciousness on the principle of feedback is the most important means of regulating the relationship of personality with the environment.The orientation of such relationships is multifaceted: -focus on the establishment and maintenance of optimal relations between the person and the state on the basis of observance of rights and obligations; -Establishing an active position of the individual in a society where observance of rights and obligations takes place on the basis of conscious purpose, discipline, selfcontrol and interaction with various social structures; -organization of relations with other people as citizens with respect to their rights and freedoms, with the manifestation of a high legal culture, a sense of responsibility for the fate of other people; -compliance with ethical norms in interaction with members of formal and informal groups on the basis of mutual guarantees of rights and freedoms.The atterney needs to know the identity of the client, his psychology, the motives of the crime, the causes and conditions of committing the crime.Having analyzed and made conclusions about the identity of the defendant, logically considering his own line of defense, the atterney can achieve positive results in human rights activities.The defender must have the moral right to participate in solving the issues of justice, to evaluate the actions of people, to reveal their psychological content.Therefore, the atterney must be principled, honest, irreconcilable with the violation of the rights and legitimate interests of the defendant.
The success of an attorney's activity depends largely on his ability to find among a large number of evidence that would help to justify a defendant or mitigate his guilt.And this requires searching, creative thinking, orientation in the circumstances of the case.Speaking in the process, the atterney adheres to a certain line of defense and a clearly defined goal, to achieve which he needs to take certain actions, to make decisions.Therefore, very important are its features, such as autonomy, will, ability to withstand other participants in the process, persistence and determination.Very dangerous for a atterney is the lack of their own point of view, the inability to defend their views, positions, beliefs.
The psychological analysis of the work of the atterney showed that it can distinguish the following stages: the formation of a general concept; development of tactics of protection; application (realization) protection and communicative communication with process participants.At the first stage, the reconstructive activity of the atterney takes the main place.Such psychological qualities as memory, thinking (analytical and synthetic), imagination, are realized at the first and second stages of activity.At the third stage in the communicative activity of the atterney are distinguished: psychological contact with the client, which occurs mainly before the trial begins during private conversations; psychological contact with the composition of the court and other participants in the trial; At the same time, the quality of the atterney is being implemented as a court speaker.
Under the professional qualities of a atterney one should understand the individual characteristics of the subjects of work that influence the efficiency of professional activity and the success of its development.In tabl. 1. shows the main components (a substructure of professional activity) of a atterney: professional motivation; professional competence; professionally important psychological qualities of a specialist.
The legal activity of a atterney has a list of features that are determined by the specifics of interaction in the system "man -law -man."An attorney must have social and psychological competence -the ability to interact with others around him, the ability to navigate the social environment, adequately reflect the psychic features and the condition of other people, choose the best ways to communicate with them, and the ability to social communication.

Fig. 1 .
Fig. 1.Structural-functional scheme of human rights advocacyBeginners and experienced attorneys should regularly analyze their legal positions by checking (consistently) the adequacy and effectiveness of the legal approach adopted.Legal positions are specified and practically represent the model of application of a certain legal norm of individual professional activity.The atterney needs to know the identity of the client, his psychology, the motives of the crime, the causes and conditions of committing the crime.Having analyzed and made conclusions about the identity of the defendant, logically considering his own line of defense, the atterney can achieve positive results in human rights activities.The defender must have the moral right to participate in solving the issues of justice, to evaluate the actions of people, to reveal their psychological content.Therefore, the atterney must be principled, honest, irreconcilable with the violation of the rights and legitimate interests of the defendant.The success of an attorney's activity depends largely on his ability to find among a large number of evidence that would help to justify a defendant or mitigate his guilt.And this requires searching, creative thinking, orientation in the circumstances of the case.Speaking in the process, the atterney adheres to a certain line of defense and a clearly defined goal, to achieve which he needs to take certain actions, to make decisions.Therefore, very important are its features, such as autonomy, will, ability to withstand other participants in the process, persistence and determination.Very dangerous for a atterney is the lack of their own point of view, the inability to defend their views, positions, beliefs.The psychological analysis of the work of the atterney showed that it can distinguish the following stages: the