1412.00.01 - Theory and history of state and law. History of law
doctrines
PLACE AND ROLE OF LEADERSHIP IN LEGAL PRACTICE AND
SYSTEM OF LAW SCIENCES
Nazarov Otabek Gulomjonovich,
student of Tashkent State University of Law _E-mail: otabek.nazarov. 777@gmail.com
A R T I C L E I N F O
A B S T R A C T
Keywords:
leadership,
legal
leadership, legal
psychology, the fight against organized crime.
The results of the comprehensive reforms implemented in our country in recent years are also evident in the field of jurisprudence. Changes in the national legal system of the country require further improvement of the process of training lawyers. Today, we all know that the formation and development of leadership skills and abilities in future lawyers is of paramount importance. The article analyzes the leadership characteristics of lawyers as one of the subjects in the field of legal sciences, such as criminology, criminalistics, legal psychology. The importance of leadership in combating and preventing crime has been analyzed with experience and practical examples gained in a number of areas, including the fight against economic crime and the fight against organized crime.
The article also draws on scientific and theoretical conclusions, scientific and practical suggestions and recommendations based on the results of the analysis of legal leadership._
Leadership is a comprehensive and complex concept that has historical roots. Even today this concept and others psychological concepts within its framework are still in the spotlight
humanity. In ancient times, many people dreamed of becoming a leader and worked tirelessly to become a leader. Of course, the results of such efforts have not
always been positive. We can explain this situation the fact that the process of reaching the level of leadership is very difficult and complex.
"Leadership literally means leadership that is unique human ability. However, in our opinion, it is less appropriate to describe leadership as a unified leadership skill. This can be seen as the pinnacle of human development.
How do leadership qualities arise, develop, and take shape? All these questions need to be answered in our own spirituality. Because a sense of leadership arises, develops and ultimately is formed in the spirituality of each person"[1].
We all know that legal sciences are closely related. To these include disciplines such as criminal law, criminal procedural law, criminal executive law, criminology, forensics and legal psychology. Undoubtedly the legal psychology is central to them. Because legal psychology, like the theory of state and law, is essentially a scientific the basis for all of the above legal disciplines.
Since the concept of leadership is associated with the human psyche, it is one of the objects of study in general psychology and one of the most
important concepts in their subject area. Psychology studies leadership as a separate direction of the discipline. Therefore, modern psychologists write a number of works in the field of leadership psychology and strategic leadership and contribute to the transformation of these areas into almost independent areas.
Today, the study of leadership psychology is becoming more and more popular in developed countries. Strategic Leadership tutors published and are recommended for practical use by students in various fields and professionals working in various fields. All this achievements of world psychologists.
In this case, what is the meaning of the concept of leadership for lawyers? Should whether this concept can be studied in legal sciences or not? Will receive the national legal system of our country benefits from the fact that in the process of training legal personnel to use legal leadership lawyers in the educational process?
Of course, leadership qualities are also important for lawyers. In general, neither one industry or direction cannot be represented without personnel without leadership potential. In particular, jurisprudence, like all industries, is
acutely needs leading specialist leaders. Therefore, for the development of leadership skills of future lawyers, that is, law students, along with several legal disciplines and, if possible, development a separate module for students "Leadership of Lawyers", in our opinion, the case more expedient.
Unfortunately, in recent years, our country has not paid enough attention to the formation and development of the leadership potential of legal frames. Despite the fact that it was known that in the activities law enforcement agencies, in particular in the field of investigation and criminal investigation department, there is a lack of knowledgeable, qualified and highly humane leaders, no higher educational institution in the country prepared lawyer-leaders. No steps were taken for training legal leaders in educational institutions. It is clear that this created conditions for the occurrence of some undesirable phenomena in legal practice.
It should be noted that this situation could not last long. Naturally, the democratic legal society that we are building would require a change in this situation. Reforms begin to bring fruit. Program of the 2018/2019 academic year for first-year students of Tashkent State University of Law at
present time includes the module "Personal development", which is widely used in foreign countries. This module (English: Personal development) made a good impression among students and was included in the list modules for first-year students in the program for the next 2019/2020 academic year in connection with the passage of the relevant requirement. By in our opinion, the main reason for this is that most the topics covered in the module were about leadership skills, and namely lessons on leadership formation and development aroused students positive emotions. However, this module only covers some of the urgently needed topics of legal leadership and does not fully meets our requirements.
The term legal (lawyers) leadership has not clear definitions. Both legally and psychologically. Since in this the field is so little research, even for the CIS (Russian: СНГ) countries, this is completely new direction. In practice, it is important for lawyers to have leadership potential. In the first years of independence, lawyers of our country faced many serious problems, especially with leadership issues. Our people, living on the basis of socialist property for decades and economy, set himself the goal of building an economic
TSUL Legal Report
system, based on market relations.
Entrepreneurship and
privatization state property was held extensively. It was during this process, it became clear that the entrepreneurs of our country were not yet ready to conduct business on the principles of a market economy at the time. This resulted in a sharp increase in economic crime in the country. It's no secret what economic and financial crimes are qualified, experienced professionals well versed in economic principles. To prevent this type of crime, lawyer-economists must have leadership skills. Assume that criminals are uneducated, lack of leadership skills and do not know the laws market economy is illogical. Today, many economic crimes remain unsolved. In our opinion, one of the main reasons for this is that most lawyers do not are fully aware of economic systems, and lawyers do not have leadership potential.
The organized crime situation was even more serious in 1990s. At the time, law enforcement officers were a serious fight against several organized criminal groups and "Leaders" of criminal organizations. You can learn more about this fight from the book by M.Musaev "Problems of the fight against the formation of a criminal organizations ". Based on the analysis of the data
E-ISSN: 2181-1024
presented in the book, it can be said that investigators, prosecutors and other employees law enforcement agencies involved in the fight against the formation a criminal organization with the qualities of legal leadership, working together defeated the leaders of criminal groups and gangs, in particular, thieves in law. We believe that this rich experience should be mastered and improved by future lawyers.
Currently leading
criminologists in leading countries classify the leaders of organized crime (criminal groupings) as follows:
1. Inspirators. They can inspire team members and provide ideological leadership.
2. Leaders-organizers. Leaders of this category of criminal groups differ in that they organize crimes with the participation of members of their groups.
3. Leaders of the mixed type. Leaders of this type of criminal group reflect the qualities of leaders in both of the above categories. They are very are active in crime and can coordinate the actions of others cooperating criminal groups.
4. Leaders of the most dangerous type. They not only organize crime at a high level, but also actively involved in the organization and the formation of
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new criminal groups.
Leaders in this classification have nearly all of the following personal quality: be able to quickly navigate and make decisions in complex situations;
enterprise; sociability; initiative, resourcefulness; good mental abilities and volitional qualities; the ability to keep your word;
decisiveness in actions; physical strength;
professional criminal
experience;
awareness of internal and external rules and requirements criminal communities;
the ability to ensure the secrecy of the trained and committed crimes, etc.
Without leadership qualities, the lawyers themselves will not be able to fight organized crime. Even if they do, they will not get hold of victory in it. Because in order to expose and defeat the leaders who are headed by criminal organizations, we lawyers need to have All of the above qualities, first of all, we ourselves.
An example of this is the work of investigators. According to procedural legislation, investigators head operational investigation teams (SOG). The group also includes several employees Ministry
of Internal Affairs, criminalist-experts and criminalist-cinematographers. The investigator is obliged complete investigation, manage and coordinate joint efforts team members. In such a situation, the investigator, of course, should be in able to demonstrate leadership potential and be a role model for all other members of the group.
Unfortunately, not all law enforcement officers conscientious and true to their duties and professions. This, in its turn, creates various difficulties for lawyers who fulfill their duties with criteria of honesty, purity and fairness. Although this the situation shows how harmful and dangerous signs of corruption are for legal practice, this also means that the legal (lawyers) leadership is of great theoretical and practical importance to us.
Therefore, in our opinion, in cases of combat and positional warfare only lawyers with leadership qualities can expose crimes and successfully fight criminals.
From a scientific and theoretical point of view, the term "legal leadership" must be clearly defined. Although this term is essentially an integral part of legal psychology, he did not receive enough and adequate attention from experts. Criminology in criminological description of each
type of crime pays special attention to the offender (criminal personality) and the identity of the offender. These two legal categories are directly related to the concept of leadership. However authors of criminology textbooks do not pay much attention legal leadership. In textbooks and e-books on criminalistic science, several times the leadership qualities of the criminal are mentioned. This can be explained the fact that in the process of solving crimes there are problems in overcoming obstacles arising from the leadership qualities inherent in criminals. We believe this is an inevitable situation. One of the most effective solutions to combat and
prevent crime is the use of practicing lawyers with leadership skills.
In conclusion, it should be noted that legal (lawyers) leadership is one of the most important areas of legal practice and should take their place in the system of legal sciences. We believe that leadership lawyers should be recognized as an integral part of the work of the management legal community, and the formation and further development leadership potential must be a decent job. Also it is advisable to create a module "Leadership of Lawyers", the program of which consists mainly of literature on leadership psychology, strategic leadership.
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2. Шурухнов Н.Г. Криминалистика: определения, схемы, таблицы, диаграммы, рекомендации. Уч. пособие для студентов юрид. вузов - М.:Эксмо, 2008. - 352 с.
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