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Zueva Larysa Yevgenievna, Judge of Odessa Administrative Court of Appeal, Candidate of Legal Sciences, Associate Professor of the Department of Political Science of the Odessa National Polytechnic University, teacher of the National School of Judges of Ukraine E-mail: 378653@gmail.com
CRITERION APPROACH TO THE PRACTICE ORIENTATION OF A HOLISTIC SYNERGETIC MODEL OF PSYCHOLOGICAL AND PEDAGOGICAL TRAINING OF PROFESSIONAL JUDGES IN THE SYSTEM OF JUDICIAL EDUCATION OF UKRAINE
Abstract: The article reveals the importance of the criterial approach to the practical orientation of a holistic synergistic model of psychological and pedagogical training of professional judges in the system ofjudicial education of Ukraine. In the equality of the rights of all participants in the trial, the judge has a leader role, since he is primarily responsible for the preparation, organization, trial, and also only the unique feature of the profession of judge assigned to him - this is the right to make a decision and the responsibility for its validity, legality and justice. The judge is endowed with powers, he exercises power on behalf of Ukraine, which requires the development of a professional sense of increased responsibility for the consequences of his actions. Judicial activity is clearly regulated by law and is carried out on the basis of high moral qualities and legal awareness, as a result of the constant appreciation of the judge of the importance of his activities to society. All actions of the judge are clearly regulated by the Constitution of Ukraine and the Laws, while judges must be independent of all extraneous influences, since only such independence from various external and internal factors (political, material and economic, personal) can ensure the objectivity and fairness of decisions taken a judge or a judicial panel during the trial of a case. The article reveals the mechanisms of formation of the responsibility and leadership of the judge, as well as the formation of candidates for the position of judges and active judges during the training in the National School ofJudges of Ukraine of practical orientation of a holistic synergetic model of psychological and pedagogical training in the system of judicial education of Ukraine.
Keywords: judge education, synergetic model, self-regulation, leadership, pedagogical mastery, psychological and pedagogical techniques, reflection, professional judge, interactive training, training, distance learning.
A judge is empowered to act as a State representative, that is why it is a judge, who is conferred with high powers, what increases professional sense of enhanced responsibility for consequences from own actions, judge's activity is clearly regulated with Law. His/her activities are realized on the basis of high moral qualities, legal awareness, as a result of judge's understanding how im-
portant is his/her activities for society. Independence from different internal and external factors (political, material & economic and personal) may ensure objectivity and fairness of the decisions made by a judge or judicial board in course of court hearing of the case. In the equality of the rights of all participants in the trial, the judge has a leader role, since he/she is primarily responsible
for the preparation, organization and trial of criminal, civil and administrative cases as well as the responsibility for its validity, legality of judgment [1].
Modern science interprets "leadership" as the process of social impact due to what a leader gets support from other members of community to reach the goal. As it is known, phenomenon of a leadership is described by number of theories: situational, functional, behavioral and others as well as integral theory of leadership. During the centuries people are seeking the qualities peculiar to the leaders. Platon and Plutarch [2] were interested in questions, what quality distinguishes leaders from ordinary people, therefore declaring that source of leadership is in individual features of a person.
As it is known, numerous authors of XIX century studied phenomenon of leadership. They compared a leader of crown with the slaves and tried finding explanation. One of the most fantastic theories was represented by Francis Galton [3], who considered that leadership is demonstration of natural, inherited gift. Cecil Rhodes [4], for his part, convinced that corresponding training can learn a gifted person how to be a leader. In order to provide practical support for his theory, in 1902 C. Rhodes constituted the grant for study on Oxford University for the students with leader qualities.
Note the fact that in the 1920's, when interest to management as to the science occurred at first, theory of leadership began to develop. The first feature noticed by the researchers is a possible availability of common personal traits of the well-known leaders. That is how "Traits theory" or "Great people theory" emerged. But, it turned out that it is really difficult to specify general traits. Of course, there were a lot of common qualities. For example, such traits as: high level of intellect, wide knowledge, conspicuous appearance, self-confidence, etc. But the researchers failed to create a general portrait of a leader. The people, who did not have the above mentioned traits were outstanding leaders too [5].
In 1940s -1950s, numerous evaluations of previously proposed theories [6] proved the need to create new approach to the problem of leadership. First of all, as the psychologists noted, that they had not confirmed the fact that the mentioned traits turned people to leaders under some conditions, but under other conditions such traits were not required for leadership. As a result, new theories shifted to conduct theory, which tended to
take a leading position. This approach was dominant in psychology of leadership during several decades.
We should notify that development of situational theory of leadership was the next step. According to this theory, a leader appears under certain circumstances. Depending on the task, a leader may change [5].
A corporate leader, who wants to continue being effective, shall be able to adapt varying circumstances quickly and flexibly change his/her behavior. Thus, essence of leadership lies in the fact that the followers recognize a leader only in the case, when he/she proved his/her competence and value for them [7; 8].
In view of the aforesaid, let us emphasize some aspects of practical implementation of psychology and pedagogical support of personal and professional self-improvement of a judge as support of a capable leader of the XXI century on the basis of synergic approach.
Thus, our practical course "Psychological support for personal and professional self-improvement of a judge" provides: unassisted completion of tests and practical tasks intended to diagnostic assessment and personal and professional self-improvement; application ofpreviously obtained knowledge and skills during multichannel interaction in course of group trainings. Psychological and pedagogical techniques of group studies in the frame of practical courses include activities in small groups (providing synergetic effect), when each group performs some specific type of practical work (differential training). The instructions, which regulate and determine activities of the participants is a way to control training activities during group practical courses. In the same time, practical works have research and reflexive nature.
The developed practical course is also intended to learn new examples of self-regulation of conduct, attitude of mind, positive emotional reactions in response to external irritants, improvement of stress resistance in response to effective changes of internal dialogue, attitude of the leaders to themselves and to the others, to their values, professional motivation, self-development and self-improvement, awareness of positive image creation for judge-leader. The play-type techniques of the practical courses are based on real-life situations of the participants, with due regard to possible moral and ethical restrictions. Moreover, psycho-diagnostics is carried out by the listeners themselves and individual interpretation of its results become known only to a respondent.
Using this method the participants strengthen their knowledge about typology of behavior reactions of human, strategy of response to behavioral reactions of other people, means and methods of resistance to manipulative influence, styles of effective communication (verbal and non-verbal), peculiar features of different models of communication, peculiar features of impact of information received through different perception channels (colour/sound/light/odour, etc.) on psycho-emotional condition of a human, peculiar features of formation and change of personal value and behavioral paradigms, social and psychological resources ofjudges, their psychophysiological, social and cultural and economic potential, peculiar features of business etiquette, business image (role of compliments, status markers and differences, etc.).
Self-reflection of the obtained professional experience shows that as a result of adoption of informative modules of the practical course "Psychological support for personal and professional self-improvement of a judge" the participants learn how to interpret and predict behavior of a companion by non-verbal signs, determine dominant needs of people using methods of indirect management and seek effective alternative solutions, determine and apply the most productive techniques and methods of verbal and non-verbal infusion and self-hypnosis, overcome psychological barriers in communication with the representatives of different social and age categories - understand true meaning of a talker's message using psychological methods of perception (understanding) of a partner and discovery of the hidden partner's reactions, realize own subconscious motivational and logical paradigms and, if required, paraphrase them into more effective ones, efficiently use relax techniques and self-recovery of psychic forces under conditions of stress and limited time, perform self-diagnostics of efficiency of dynamics of subconscious psychical processes, change own subconscious dominating stereotyped behavioral models to more comfort and productive ones, create own reliable and positive image in accordance with desired goals during communication with a partner (work, family, leisure, etc.): common facial expression, visual and motor reactions, gestures, peculiar features of voice, manner of dialoging, belonging to the specific group, casual/business/special clothing.
Moreover, during of these training courses the judges
learn how to prevent professional psychosomatic disease (sleep disorder, epigastric burning, high/low level of blood sugar, etc.), using methods of improvement of perception, attention, memory, thinking, development of positive thinking, "smart" relation to feelings and emotions, development of intellectual abilities, harmonization of self-improvement program from "I am real" in accordance with vision "I am ideal" passing the main blocks: I am a concept, sphere of motivation, way of thinking, style of making decisions, style of interindividual relations, resistance to stress, they use special methods and techniques to resolve such problems as: absence of structuredness of life program, nervousness, warm temper, aggression, some speech disturbances (hesitation in speech, stutter) in case of acute situations, group methods and work techniques are applied, correct methods to offset criticism, methods to train attention and active listening, practical use of orator skills, define own targets by constructing imaginative visions and imaginary reactions, increase skills of cognitive self-programming for creation and implementation of promising opportunities for self-improvement in the professional sphere and private life [9].
Individual components of this practical course are united in the integral whole based on united synergetic emotional and regulatory model. Due to this model, the participants can practice simultaneously as in plane of constant emotional and positive professional behavior, practical activities, and in cognitive plain of increase of steady motivation to self-improvement. Super task of a practical course is assistance intended for the participants to understand their role, mission and sense of life in the present day stage of development of Ukraine.
As it is known, novelty of philosophy of open dynamic system management lays in the requirements to up-to-date understanding of fundamentally new needs of educational and social space, selection of priorities for development, search of new methods to resolve problems, use of efficient managerial procedures. The scientists and particularly A. V. Semenova, declare that such kind of management consider update of regulatory and legal framework, social-and-cultural, organizational-and-functional, information-and-technological subsystems, training and advanced professional training of the supervisors and teachers of educational institutions. Nowadays, actual educational systems for management are
forecast and operational efficiency, goal-setting, choice of priorities, innovativeness, attraction and involvement of teachers and parents, change of stimulation and information systems, development and implementation of projects, development programs. In our modern and dynamic world, one of methods of educational system "survival" is innovative activities of educational institutions, which lead to satisfaction of new needs of social society. Moreover, as the scientists declare, innovations are inextricably connected with experimental and research work, as target of each experiment is creation of something new on the basis of modification, designing, implementation of novel approaches, etc. [10].
Introduction of holistic synergetic model of psychological and pedagogical training of professional judges in the system of judicial education of Ukraine was performed in trial regime by systematic implementation of training technologies and interactive forms of learning and cognitive activities of the specialists. Thus, in the framework of our experimental strategy we tell about "Psychological and pedagogical methods of self-regulation skills improvement and prevention of emotional burnout in professional activities of judges" and teach the training course "Basic principles of pedagogical excellence of judges". In terms of originality of teaching methods applied for the last mentioned training course, these methods included interactive lectures and seminar classes (based on interactive trainings), by resolving simulated tasks, business games, etc.) And independent (by repeating previously learned material, etc.) classes.
Awareness of practical orientation of holistic syner-getic model of psychological and pedagogic training of professional judges by the judges themselves within judicial educational system, when the judges demonstrated significant pedagogical potential in terms of increase of psychological and pedagogical training level, because the personality of a judge and judge's inner world is the object of cognition and means of learning. Shift fro theoretical knowledge to practice was not direct and immediate, it consisted from the range of the offset links. This knowledge is the result of solving the problems, which have personal nature. The judge, who does not know practical techniques of self-regulation and preventive measures against emotional burnout during professional activities, faces at once complexity of the specific professional (emotional and problem) situations.
Training play-type situations are valuable because, while they are solved, attention ofjudges is focused on previously selected and restricted situations, what facilitates forecasting. Training play-type situations are being solved under direct participation of a teacher, who makes immediate correction and assessment of the decisions, helps to express the thoughts clearly and reflect emotions, forecast consequences. Application of training play-type situations significantly impacts motivational and emotional spheres of a judge. It can be explained by the fact that change ofthe form of training material presentation results definite reorganization of motivational and cognitive activities [11]. We should notify that actually, some specific training playtype situation is a problem, which can be faced by a judge during his/her activities and which will require for a judge to make analysis, specific decisions, specific activities. In this context, we were supported with a creative work of the researchers [12].
The development and analysis of the types of situations depending on the social context, in the ratio of personal needs to the profession of a judge, enabled us to diagnose the following groups of professional values: 1) values associated with public beliefs (the importance ofwork, prestige), 2) satisfaction of the need for communication (interesting people, etc.) The development and analysis of the types of situations depending on the social context, in the ratio ofpersonal needs to the profession of the judge, enabled us to diagnose the following groups of professional values: 1) values associated with public beliefs (the importance ofwork, prestige), 2) satisfaction of the need for communication (interesting people, etc.) 3) values related to self-improvement (development of intellectual abilities, etc.) 4) values associated with self-realization (the nature of labor, etc.) 5) values related with to pragmatic needs (self-affirmation, professional growth, and etc.), 6) the value of the tool type (public recognition of the results of judge's labor, getting know the theory and techniques, etc.). Self-control situations were used to increase judges' interest in constant self-improvement, development of self-regulation skills and prevention of emotional burnout during professional activities, self-education. Usually while performing written tasks for situations of self-control, the exchange of work between judges was typical.
Thus, during the pilot study, we continued developing evaluation procedures. In particular, there was a
need to develop author's questionnaires "Scale of self-assessment of the emotional state of a judge", "Assessment of motivation for attitudes toward the professional activities of a judge", "Assessment of the motivation for reaching the need for achievement in accordance with a modified scale of assessment." We conducted a survey and developed basic questions of issue-related problematic discussions with the judges. We developed a draft of the strategy plan for individual self-improvement of a judge, which contains the following sections: annotation, sections devoted to the current state (the results of the previous self-diagnosis), development of a comprehensive strategy of self-development, and, finally, self-control.
Therefore, this approach allowed systematizing the actual data of individual process of self-improvement of judges in conformity with certain aspects of self-assessment of personal and professional qualities. In particular, those quality, which to be improved; actions to be applied to improve the results; type of training, which could help to achieve the goal; process of self-control performance.
In addition, another method intended to eliminate psychological stereotypes was proposed and used: ability to modify effectually the conditions of a task. As R. Granovskaya fairly emphasizes, transfer ofthe solution to another space is efficient [13], that is why it became possible to use for the lessons different ways for seeking solution (verbal, non-verbal, graphical, dimensional, etc.). Psychological barriers were being overcome gradually, while nature of knowledge acquisition was studied as well as reflection of the participants: soon, when an idea was introduced and defined after the training materials had been traditionally consolidated, in particular, using the method of activity analysis from perspective of novelty (according to M. Gafitulin [14]).
We consider that character of multichannel interaction of subjects in educational judges' environment in course of solving professional and psychological situations is the main means, which allow monitoring positive dynamics of the process, because efficiency of a training play-type situations during professional training of judges depends on numerous elements and especially from emotional and positive educational judges environment including active interaction of all its subjects. Previously mentioned elements were defined and taken into
account with the help of the corresponding procedures of diagnostics.
Understanding of own feelings and emotions related to the profession of a judge was achieved with the help of interactive plays "Ideal judge", "Unwanted" and etc. Types of qualities, which characterize professional image, were assessed using the scale applied to study self-assessment. Based on the researches performed in the frame of this aspect, maturity of the professional image "I am judge!" was recognized as an important indicator of the need in self-improvement, self-actualization as a professional. In accordance with the parameter "Profession oriented reflection»: 1) understanding of own feelings and emotions - non-understanding of own feelings and emotions; 2) need in self-control - lack of need in self-control; 3) trust in people around - mistrust in people around, etc. Founded abstractness allowed for the persons subjected to testing to define effectively the individual meanings included to interpretation of the parameters.
Moreover, it was very important for judges to become open to criticism of the colleagues, to get abilities of a team-player due to training exercise "Lego", because, as it is known, specific feature of judge's work expects that a judge is a procession and independent person, besides the fact that all these persons are the members of a staff teams consisting of 20 to 200 persons and shall be capable to work as the team players. What is the most important, upon the results of this training, the judges understood, if they are happy and what they have to do to become happy.
Thus, the implementation of the proposed experimental practical orientation of the holistic synergetic model of the psychological and pedagogical training of the professional judges in the framework of the system of judges' education demonstrated high efficiency and allowed significantly optimizing the research process, will certainly result formation of highly qualified judicial staff, which will be able to respond to belief in judicial power and meet public expectations - expectations of the participants of court proceedings in relation to efficiency of the court procedures and possibility to defend violated rights, freedoms and interests of individual persons and legal entities in the court, which is the main task of the court.
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