Articles on legal psychology. Psychology in business

Legal psychology - what is it?

1. Subject, tasks and structure of legal psychology.

Psychology is the science of the patterns of development and functioning of the psyche as a special form of human life, which manifests itself in its relationship with the outside world.

Legal psychology studies the manifestation and use of mental patterns, psychological knowledge in the field of legal regulation and legal activity, explores the problems of increasing the effectiveness of lawmaking, law enforcement, law enforcement and penitentiary activities based on psychological factors.

The subject of legal psychology is various phenomena of the psyche, individual psychological characteristics of participants in various legal relations involved in the field of law enforcement, the socio-psychological patterns of this activity that affects the psyche and behavior of people participating in it.

Tasks of legal psychology:

development of the psychological foundations of criminal law, civil law, labor, family legislation and the process of its application;
to carry out a scientific synthesis of psychological and legal knowledge;
to provide lawyers with a deep understanding of the object of their activity - human behavior;
psychological support of law enforcement activities of lawyers of specialization;
reveal the psychological and legal essence of the basic legal categories;
reveal the features of the mental activity of various subjects of legal relations, their mental states in various situations of law enforcement and law enforcement;
studying psychological characteristics, motives for committing the most dangerous species crimes;
develop recommendations for improving the legal regulation of society.

Legal psychology is borderline between psychology and jurisprudence, but at the same time it remains a psychological, and not a legal discipline, it uses the methods and methodological principles of general and social psychology.

The structure of legal psychology, the range of its researched problems is determined by the logic of legal regulation. Practical recommendations legal psychology is strictly correlated with the norms of substantive and procedural law.

The following elements of legal psychology can be distinguished:

forensic psychology;
psychology of operational-search activity;
military legal;
penitentiary (correctional labor);
psychology professional activity lawyer
criminal psychology;
forensic psychology.

2. Interaction of legal psychology with other disciplines.

It interacts with a number of disciplines:

with general psychology- legal psychology is a branch of applied psychology;
with criminal procedure law, which studies the legal status of participants in criminal proceedings, problems of the theory of evidence, the procedure for conditional procedural activities from its beginning to completion, the rules for the activities of all investigation bodies, the court, the prosecutor's office, and legal psychology helps in solving complex issues of evidence theory, the formation of internal convictions;
with criminal law, which helps in the study of a number of criminal law problems: the psychological characteristics of the personality of the offender, the emotional and volitional motivational sphere of the offender, the level of his intelligence, in addition, the Criminal Code of the Russian Federation contains a number of concepts of a psychological nature: an act committed out of frivolity, special cruelty, affect , helpless state of the injured party;
with civil law- resolving the issue of the legal capacity of participants in legal relations, issues of compensation for moral damage, the problem of recognizing transactions as invalid due to the unusual state of the citizen's psyche, his misunderstanding of the meaning of his actions, i.e. qualities that contribute to misleading a person in making decisions of a legal nature;
with criminalistics, especially with sections on investigative tactics and methods of investigation;
with criminology which is reflected in the study of value orientations, needs, level of legal awareness, mental and psychophysiological characteristics of the offender's personality;
with forensic psychiatry;
with civil procedure law.

3. Legal awareness

Legal consciousness is a sphere of awareness, with a reflection of law-significant phenomena, a set of views and ideas that express the attitude of people, social groups to law and legality, their idea of the proper legal order, of lawful and unlawful.

The basis of legal consciousness is the appropriation by a person of those social values that are protected by the law of a given society.

The legal consciousness of the individual is formed in the process of its socialization, the systematic formation of legal orientations in the individual, the formation of the prestige of law in the system of its social norms.

The legal consciousness of people is determined by the legal foundations of society, the practice of law enforcement, real conditions life activity of people, moral experience and traditions of society, a system of widespread evaluative attitudes towards law-significant phenomena. The most stable normative-value positions of an individual form the sphere of its law-significant attitudes - they cause a stereotyped readiness for certain actions in law-significant situations.

Types of legal consciousness:

public - sphere public consciousness, reflecting law-significant phenomena of social life; it interacts with legal ideology - the system of dominant legal ideas, views and attitudes, determines the direction and mechanisms of law regulation;
group - depends on narrow group interests, which often oppose public interests, spontaneously, can be asocial;
individual - the legal consciousness of small social groups, which includes a person, is determined by the conditions of its everyday formation.

Individual legal consciousness differs from other types by the presence of various levels development:

at the elementary level, individual legal consciousness is expressed in the coordination of a specific law-significant activity with an empirical idea of the norms of lawful behavior, higher levels of legal consciousness are manifested in the realization of complex legal institutions, situations, the legal status of a person in society;
the highest level of individual legal consciousness is characterized by a set of views on the legal system, awareness of the social significance of law, an assessment of its essence, mastery of legal ideology.

Individual legal awareness is manifested in the motives of legally significant behavioral acts, a special structural and personal formation - the solidarity of the individual with the law or in legal negativism - the denial of legal values.

4. Methods of legal psychology

The methods used in legal psychology have certain specifics, due to the characteristics of the object of study.

Methods of legal psychology:

method of structural analysis - aimed at identifying structural and functional dependencies in the phenomenon under study. This method is the main one in the study of the mental qualities of various subjects of law, the personality of the offender, the psychology of various types of legal activity;
the method of structural genetic analysis - is aimed at studying the emergence and development of the object under study, identifying the dependence of its functioning on the characteristics of development;
the method of qualitative analysis and the method of quantitative analysis - allow together to identify the system of causes and conditions for the functioning of the phenomenon under study;
the method of natural experiment - is used in studying the influence of various circumstances on the reliability of testimonies, when the same event is repeated in different circumstances, after which the statistical processing of the results is carried out, while the test persons perceive the experimental environment as a genuine event;
conversation method - a method of confidential communication with the person being examined, while using the method of indirect questions and excluding any leading questions;
method of studying civil and criminal cases and miscarriages of justice;
biographical method;
method of generalization of independent characteristics;
questionnaire method;
method of forensic psychological examination;
personal diagnostic tests.

5. Personality in legal psychology.

Personality - a person with his own views and beliefs, showing his unique integrity, individuality, unity of socio-psychological qualities, manifested in interpersonal, social relations, consciously participating in a particular activity, understanding his actions and able to manage them.

Approaches to the study of personality:

biological - the personality is studied from the point of view of the genetic prerequisites for its formation and evolutionary development, their phenomena on the behavioral and social aspects of the development of the individual, due to which individual personality traits are inherited;
experimental - the study of personality comes from the study of perceptual processes, higher nervous activity of a person, their role in his behavior;
social - the social environment, social roles, socio-historical, cultural conditions that influence the formation of the personality of a person who is considered as part of society are studied;
humanistic - the basis of the study is the knowledge of the personality in each person - its spiritual beginning, the leading features are investigated, reflecting its main properties, internal structure, which are compared with the behavioral, social characteristics of the individual.

The formation of personality, according to a number of scientists, occurs already by the 4th month of a child's life, when qualitatively new forms of response to signals coming to him appear in the form of positive (smile) or negative (expression of anxiety) reactions when he perceives the people around him.
But the active formation of the child's "I" occurs approximately
from the age of three.

early childhood;
childhood;
adolescence;
youth;
maturity;
old age

Personality assessment criteria:

assessment of the personality by the people around him;
social status;
the level of claims of the individual;
self-respect of the individual.

Psychologists distinguish different types of personality, depending on their leading, most stable properties. Some of them are based on the properties of temperament, others are those or other behavioral characteristics of a person.

introverts - a person is guided by subjective factors, his own experiences, his inner world;
extroverts - a person focuses on external circumstances surrounding objects.

Topic: "Subject and system of legal psychology"

Plan

Introduction

Conclusion

Control testing

Introduction

The history of the psychological study of the problems of law enforcement has about a hundred years. It began with the problems of judiciary and with the name "Forensic Psychology". This situation persisted until the 70s, when the science of "Legal Psychology" was officially registered.

The change of name was caused by a radical change in the understanding that the psychological problems of strengthening law and order are not limited to the investigation of crimes. A new approach was also forced by the real state of psychological research that unfolded in law enforcement agencies and went far beyond the traditional problems. Research began on the psychological problems of legal education of the population, strengthening the rule of law, work with law enforcement personnel, professional deformation and psychological training of employees, the psychological causes of crimes and their prevention, management in law enforcement and operational search work, correction of convicts and social rehabilitation of those released from places of deprivation freedom, etc. The tendency to expand legal and psychological research continued to strengthen and develop in the 80s in connection with the ever-increasing need of society to strengthen law and order and an integrated approach to this work.

The urgency of solving the whole complex of psychological problems of the activity of law enforcement agencies acquired particular urgency in the 90s, when the task of creating a rule of law state was declared the task of updating our society, and the crime rate increased sharply, becoming a truly state problem. In response to the needs of practice, research on the problems of legal psychology also expanded, and their results were accumulated, which were of undoubted practical interest. However, all this was not sufficiently reflected in the publications on legal psychology available to a wide student audience and the corps of law enforcement officers.

Our time is characterized by a significant development of psychological science, its penetration into all spheres of human activity, the use of psychology data in solving problems of economic and cultural construction, as well as issues of improving the work of law enforcement agencies and officials, for example, creating a professiogram of legal professions. Deep exploration these issues requires a psychological analysis of the personality and legal activity, based on the study of the main psychological phenomena, processes, states, their features in the legal sphere (needs, motives, goals, temperament, attitude, social orientation and other personality characteristics).

The psychological culture of a lawyer implies that all employees of legal bodies have a developed system of psychological knowledge, as well as skills and techniques that provide a high culture of communication. Psychological culture increases the efficiency of legal activity, contributes to its humanization.

The study of legal psychology is largely hampered by the lack of scientific and methodological literature on this discipline.

For the disclosure of this work, the following goals are set:

consider legal psychology as a branch of psychological science;

reveal the subject, methods, tasks and system of legal psychology;

perform control testing in this discipline.

1. Legal psychology is a branch of psychological science

Psychology is a science that studies the patterns and mechanisms of people's mental activity. The name of the science "psychology" comes from the Greek words: "psyche" (soul), "logos" (doctrine), that is, the science of the soul, more precisely, of the inner, subjective world of man. The term "psychology" was proposed by the German scholastic Goclenius at the end of the 16th century.

For a long time, psychology developed as an integral part of philosophy, and only in the middle of the 19th century did it emerge as an independent science. This became possible because psychology gradually turned from a descriptive science into an experimental science. At present, psychology is a rather complex and branched system of disciplines. In addition to general psychology, which studies the general patterns of mental activity, private, applied branches of psychology exist and are rapidly developing. Thus, the group of applied branches that study the patterns and mechanisms of the psyche of people engaged in specific types of activity are: labor psychology and its relatively independent sections - engineering, aviation and space psychology; psychology of knowledge; pedagogical, military, legal psychology, etc.

Operative, investigative, prosecutorial and judicial workers constantly face many issues, the solution of which requires not only a broad outlook, legal culture, special knowledge and life experience, but also a good knowledge of legal psychology. In order to properly understand the complex relationships of people, their experiences and actions, in complicated situations that are reflected in criminal cases, one must know the patterns of mental life.

Legal psychology includes various areas of scientific knowledge, is an applied science and equally belongs to both psychology and jurisprudence. In the field of public relations regulated by the rule of law, the mental activity of people acquires peculiar features, which are due to the specifics of human activity in the field of legal regulation. Psychology is the only science capable of providing not only the knowledge of mental activity, but also its management2. With the development of society, its importance will increase more and more.

The need to turn to psychology, its methods, and achievements arises when a specific science, adjacent to psychology or closely related to it, is included in the solution of practical problems. It has a place in pedagogy, medicine and jurisprudence. Practical activity, as a rule, is realized in the specific actions of specific people, and how this happens depends to a large extent on their psychological characteristics. Only the need to solve practical problems has led to the emergence and development of social, ethnic, historical and other branches of psychology on the border with social science. However, it would be an underestimation of the role of the natural in the life and development of the individual to turn exclusively to social aspects its manifestations. Of course, the study of human biology (anatomy, physiology, anthropology) is inextricably linked with research in the field of psychophysiology, neuropsychology, psychophysics and other sciences bordering on psychology and natural science. - The whole system of scientific knowledge feels the need to use psychological knowledge, it becomes a link between various fields of science. Psychology connects the social sciences and natural sciences, biology and history, medicine and pedagogy, management and jurisprudence, etc. This determines its place in the system of scientific knowledge.

The theoretical basis for legal psychology is general psychology, since its conceptual and categorical apparatus, knowledge about the general patterns and laws of human mental activity are used.

Most legal scholars and psychologists working in this field agree that if psychology, as a fundamental science of the human psyche, studies the most general patterns of people's mental activity in general, then legal psychology studies the same patterns of the human psyche, various mental phenomena, but not in general, but in the sphere of various (criminal-legal, civil-legal, etc.) legal relations or, as they sometimes say, in the “man-law” system.

2. The subject of legal psychology

Modern development Science is characterized, on the one hand, by the differentiation of scientific knowledge, and on the other hand, by integration, the interpenetration of some branches into others. This process leads to the creation of new branches of scientific knowledge, linking sciences that were previously isolated from each other.

From this point of view, the selection of such a science as legal psychology, which turns out to be a link between the psychological and legal sciences, is a natural phenomenon.

Legal psychology is an applied science that includes both psychology and jurisprudence3. The mental sphere of persons associated with legal proceedings and legal activity, has a number of psychological features, the nature of which is due to the performance of a variety of social and legal functions by them. The specificity of the mental activity of persons involved in the orbit of legal relations is called upon to study legal psychology.

Thus, the subject of legal psychology is the study of mental phenomena, mechanisms, patterns that manifest themselves in the field of law.

3. Tasks of legal psychology

Legal psychology as a science sets itself certain tasks that can be divided into general and particular.

The general task of legal psychology is the scientific synthesis of legal and psychological knowledge, the disclosure of the psychological essence of the fundamental categories of law.

Particular tasks of legal psychology relate to the development of recommendations for the most effective implementation of law enforcement activities. These include:

1) study of the psychological prerequisites (conditions) for the effectiveness of legal norms;

2) psychological study of the personality of the offender, disclosure of the motivation for criminal behavior, the specifics of the motivation of certain types of criminal behavior;

3) development of socio-psychological foundations for crime prevention;

4) study of the psychological patterns of various types of law enforcement activities (investigator, prosecutor, lawyer, judge);

5) study of the psychological patterns of the activities of correctional institutions in order to develop a system of measures for the correction and re-education of convicts;

4. Methods of legal psychology

In legal psychology, there is a system of methods for the psychological study of personality, as well as various psychological phenomena that arise in the process of law enforcement.

These include the following5:

observation method. The method of observation in psychology is understood as a specially organized, deliberate, purposeful perception by the researcher of various external manifestations of the psyche directly in life, during the investigation, judicial trial and other areas of law enforcement.

The method of observation excludes the use of any methods that could introduce changes or disturbances in the natural course of the phenomena being studied. Thanks to this, the method of observation makes it possible to cognize the phenomenon under study in its entirety and reliability of its qualitative features.

The subject of observation in psychology is not direct subjective mental experiences, but their manifestations in actions and behavior of a person, in his speech and activity.

Observation is: direct and indirect, non-included and included.

With direct observation, the study is carried out by the person himself, who draws conclusions from the results of this observation. Such supervision is carried out by an investigator and a judge during investigative and judicial actions, an educator of a correctional institution, etc.

Indirect observation occurs in those cases when they receive information about the observation made by other persons. This type observation has a peculiarity: its results are always fixed in the documents of the case - in the protocols of interrogations of other persons, in the conclusions of experts (forensic psychological, forensic psychiatric examinations), etc.

An uninvolved observation is an observation from the side, in which the researcher is a person outside the person or group being studied.

Participant observation is characterized by the fact that the researcher enters the social situation as a participant without revealing the true motives of his behavior (research). So, for example, in the study of the institute of people's assessors, the method of participant observation was used. It was conducted by a graduate of the law faculty of St. Petersburg University, who had an internship in court. The researcher received a detailed questionnaire, developed by scientists, relating to the course of the process and to the meeting of the judges, which he filled out after the end of each case. The questionnaire was anonymous. Official permission to conduct the observation was received, but the judges were not informed about the study.

The advantage of included observation is direct contact with the object of study, registration of events that, with non-participated observation, could be hidden from the eyes of the researcher.

All of the above applies to the method of objective observation. In addition to it, psychological research also uses the method of subjective observation - introspection (self-observation). It consists both in observing one's outwardly expressed activity, psychologically significant facts from life, and in observing one's inner life, one's mental state.

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conversation method. The purpose of psychological research is the deepest possible knowledge of the personality, its inner world, beliefs, aspirations, interests, attitudes towards various phenomena social life. In such cases, the method of simple observation is of little use.

In such cases, the method of conversation is successfully used. The essence of this method is a casual conversation with people on issues of interest to the researcher (the conversation should not turn into a questionnaire).

The method of conversation is very similar to interrogation, so it has some similar requirements. In particular, a prerequisite for its success is the creation of an atmosphere of ease, which makes it possible to naturally combine free story with answers to specific questions that clarify, complement and control the presentation.

questionnaire method. This is a survey of a large circle of people according to a strictly established form - a questionnaire. The method is based on the anonymity of filling out the questionnaire, which allows you to get the most objective data about the processes, facts, and phenomena being studied. The resulting material is subjected to statistical processing and analysis. In the field of legal psychology, the questionnaire method is used quite widely - from the judicial-investigative and correctional fields of activity to the field of law enforcement.

In parallel with the survey, an “automatic public opinion"(telephone survey). Its main advantage is complete anonymity. Due to this, the subjects give the automaton different answers to a number of "critical" questions than in the questionnaires.

A variation of the survey is the interview method. During the interview, a person expresses his judgments regarding certain phenomena, circumstances, actions. The interview should be conducted according to a clearly defined program. With its help, you can get a wide variety of information about the features of the activities of law enforcement agencies. Interviewing investigators, operational officers allows you to learn about their professionalism, the difficulties they face, their opinion about the causes of crime and ways to reduce it, etc.

To characterize the psychological characteristics of a person, the biographical method has a certain value. The essence of this method lies in the collection and analysis of biographical materials that shed light on the characteristics of a person and their development. These include: the establishment of specific biographical data, the analysis of diaries, the collection and comparison of the memories of other people, etc.

In its essence, the method of generalizing independent characteristics is close to the biographical method, the purpose of which is to collect data about a person from various sources that are independent of each other. This method provides rich material that allows you to get the most complete picture of the personality through the analysis of the opinions expressed by persons with whom the subject was in one way or another.

The experimental method is the leading method in psychological science. It is aimed at studying psychic phenomena under conditions specially created for this purpose, and according to its essence and types, it is divided into laboratory and natural experiments.

There is also another type of experimental method that can be used in legal psychology - a formative (training) experiment. It is aimed at studying mental phenomena in the process of education and professional training through the introduction of the most active teaching methods, including problem-based ones, with the help of which the professionally important qualities of a future legal specialist are formed.

Finally, one more kind of experimental method can be noted - the associative experiment, first proposed by the English psychologist F. Galton and developed by the Austrian scientist C. Jung. Its essence is that the subject is invited to answer each word with the first word that comes to his mind. In all cases, the reaction time is taken into account, i.e. the interval between the word and the answer (determining the involvement of the suspect in the commission of the crime).

A variation of the experimental method, used in a narrower range, is the test method. A psychological test, called a test (test), has long been used to solve various issues: checking the level of intellectual development, determining the degree of giftedness of children, professional suitability, and to identify personal parameters.

Method of analysis of products of human activity. The products of human activity are valuable objective material that makes it possible to reveal many features of the human psyche.

An analysis of the products of activity makes it possible to characterize the features of skills and abilities, methods and methods of work, personality traits expressed in relation to work, etc.6.

Method of psychological analysis of documents. A document in the broad sense of the word (that is, what is written down, drawn or depicted in some other way), even if it is not related to law, may contain information of interest to legal psychology. Document analysis is a method that allows obtaining such information. Distinguish between documents of legal significance and documents that are not related to law.

5. The system of legal psychology

Legal psychology has its own system of categories, a certain structural organization. The following sections can be distinguished: 7

1) Methodological section, which includes the subject, tasks, system, methods and history of the development of legal psychology.

2) Legal psychology - a section of legal psychology that studies the psychological aspects of law enforcement, the psychological patterns of legal socialization of the individual, as well as psychological flaws that lead to defects in legal socialization.

3) Criminal psychology - a section that studies the psychological characteristics of the personality of a criminal, the motivation of both criminal behavior in general and certain types of criminal behavior (violent crime, mercenary crime, juvenile delinquency), as well as the psychology of criminal groups.

4) Investigative-operational psychology - a branch of legal psychology that studies the psychological aspects of the disclosure and investigation of crimes.

5) Forensic psychology - a section that studies the psychological aspects of the trial, the problems of forensic psychological examination.

6) Psychology of correctional activity - a section of legal psychology that studies the psychological aspects of the effectiveness of criminal punishment, the psychological problems of the execution of criminal punishment, the psychology of convicts and psychological foundations their resocialization and readaptation after serving their sentence.

Conclusion

Current state Psychological science can be assessed as a period of significant upsurge in its development. Over the past decades, the front of psychological research has expanded, new scientific directions and disciplines have appeared. The range of problems developed in psychology is growing, and its conceptual apparatus is changing. The methodology and research methods are being improved.

Psychology is constantly enriched with new data, interesting hypotheses and concepts related to all the main areas of its problems. Psychological science is increasingly involved in solving various problems that arise in various areas of social practice.

A complex and multifaceted course in legal psychology is designed to provide lawyers with an understanding of the socio-psychological essence of legal regulation, the psychological characteristics of human behavior in the sphere of relations regulated by law. Legal regulation is objectively determined by social and socio-psychological patterns. Only by synthesizing legal knowledge with knowledge of the psychology of human behavior, a lawyer can become a competent specialist.

By studying legal psychology, a lawyer learns the patterns of human interaction with the environment, the features and conditions for the formation of a socially adapted and deviant behavior personality, psychological factors of personality criminalization. Legal psychology equips a lawyer with a systematic analysis of the behavior of a criminal, a structural approach to the organization of investigative and judicial activities.

Having emerged as an independent branch of knowledge at the end of the 19th century, legal psychology is now becoming an integral part of legal education, integrating all branches of law on their single basis - on the basis of the “human factor”.

Control testing

1. The subject of legal psychology:

A - patterns of occurrence, features of the course of mental processes in humans;

B - patterns and mechanisms of the psyche of people included in the sphere of relations regulated by law;

B - border mental disorders personality;

2. The tasks of legal psychology include:

A - synthesis of psychological and legal knowledge; ensuring the moral and psychological hardening of lawyers; disclosure of mental characteristics of various subjects of legal relations;

B - disclosure of the features of the course of neurophysiological processes in the brain; establishing psychological contacts with sick people;

C - synthesis of psychological and legal knowledge; scientific organization of work of teachers; moral and political hardening of personality.

3. A branch of legal psychology that studies problems mental reflection law-significant phenomena, psychological aspects of law-making, legal consciousness are:

A - criminal psychology;

B - developmental psychology;

B - legal psychology.

4. The section of legal psychology that studies the psychological aspects of property, economic and personal relations regulated by civil law is:

A - forensic psychology;

B - psychology of civil law regulation;

B - criminal psychology.

5. The section that studies the psychology of personality desocialization, psychological mechanisms delinquent and criminal behavior, the psychology of the personality of the offender and criminal groups are:

And forensic psychology;

B - criminal psychology;

B - psychology of corrective activity;

6. The psychology of correctional activity solves the problems:

A - establishing sanity - insanity; establishing the form of guilt; studying the social environment;

B - resocialization and readaptation of convicts after serving their sentences; problems of execution of criminal punishment;

B - problems of execution of criminal punishment; problems of aesthetic education.

7. Methodological basis research in legal psychology is:

A - systems approach, determinism, scientific validity;

B - questioning, testing, systematic approach;

B - determinism, experiment, participant observation.

8. The most ancient in origin is the section of legal psychology that studies:

A - the psychology of criminal intent;

B - legal worldview;

B - the psychology of judicial activity.

9. The very first fundamental work "Criminal Psychology" belongs to:

A - G. Grossu,

B - C. Lombroso;

In - Piaget.

B - Lombroso;

11. Russian judicial orators, who for the first time integrated in their activities knowledge of law, psychology and sociology:

A Bekhterev, Plevako;

B - Frese, Koni;

A - Serbian;

B) - Petrazhitsky.

13. The biological basis for the formation of personality is:

A - character, temperament, type of nervous activity;

B - temperament, extraversion, neuroticism;

B - knowledge, skills, abilities.

14. The psychological state associated with the accumulation of negative emotions as a result of the inability to satisfy desires "desire conflict" is:

A - Frustration;

B - apathy;

B - affect.

15. A person as a carrier of a set of mental properties and qualities that determine socially significant forms of his activity and behavior is:

A - individual;

B - personality;

B is individuality.

16. Individual psychological characteristics of a person, which reflect the strength, mobility and balance of nervous processes:

A - behavior;

B - temperament;

B is talent.

17. An extreme version of the norm, which under certain conditions can become a pathology:

A - adaptation;

B - integration;

B - accentuation.

18. Behavioral approach to the study of personality, a theory on the basis of which aversive stimuli are identified:

A - behaviorism;

B - Freudianism.

19. Development of social experience, assimilation of social norms by a person:

A. - resocialization;

B - desocialization;

B - socialization.

20. The system of dominant personal value orientations, its interests, attitudes, ideals, desires are:

A - orientation of the personality;

B - the nature of the personality;

B - the ability of the individual.

21. Deviant behavior of adolescents, expressed in the systematic commission of minor misconduct:

A - situational behavior;

B - maladaptive behavior;

B - delinquent behavior.

22. The desire of a teenager to free himself from guardianship, to assert himself:

A - grouping reaction;

B - compensation reaction;

B - reaction of emancipation.

23. The quality of the psyche, which provides a person with the opportunity to consciously regulate their actions and deeds in accordance with the goal:

A - emotions;

24. Emotional experience, proceeding with great and pronounced intensity, violent manifestation and short-term:

A - stress;

B - prostration;

B - affect.

List of used literature

1. Vasiliev VL. Legal psychology: A textbook for universities. - M.: Yurid. lit., 1991. - 464 p.

2. Enikeev M.I. General and Legal Psychology (in two parts) Part II "Legal Psychology". Textbook. - M.: Yurid. lit., 1996. - 560 p.

3. Zhalinsky A.E. Professional activity of a lawyer. Introduction to the specialty. Tutorial. - M.: Publishing house BEK, 1997. - 330s.

4. Zhurbin V.I. Experience in studying the psychological defense of a person under investigation in a situation of interrogation. M.: Publishing House of Moscow State University, 1997. - 450p.

5. Rozin V.M. Psychology for lawyers. Textbook for higher education. - M.: Publishing House "FORUM", 1997. - 128 p.

6. Romanov V.V. Legal Psychology: Textbook. - M.: Jurist, 1998 - 488

7. Chufarovsky Yu.V. Legal psychology. Tutorial. - M. Law and Law, 1997. - 320s.

Psychological sciences

Keywords: CRIMINAL-EXECUTIVE SYSTEM; CORRECTIONAL STAFF; CONVINCED; PSYCHOLOGICAL PHENOMENON; PSYCHOLOGICAL SUPPORT; LONG TERMS OF DISCLAIMER; LIFE TERMS; PENAL SYSTEM; STAFF OF THE CORRECTIONAL INSTITUTIONS; CONVICTED; PSUCHOLOGICAL PHENOMENON; PSYCHOLOGICAL SUPPORT; LONG TERMS OF IMPRISONMENT; LIFE IMPRISONMENT.

Annotation: The article presents a scientific review of topical contemporary research in the field of legal psychology. The results of publications affect both applied and fundamental scientific problems. The article reflects the issues of psychological training of employees of the penitentiary system, as well as psychological support for the execution of criminal punishment in the form of imprisonment in relation to various categories of convicts.

Students, graduate students, teachers, scientists actively use the funds of scientific and educational literature. At the same time, certain difficulties may arise in matters of orientation in a sufficiently large amount of published literature. In order to facilitate the search for information on topical issues in legal psychology, an article has been prepared on the most significant issues in this area, prepared and discussed by employees of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia.

Research by the authors of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia in the field of legal psychology is aimed at studying psychological phenomena, psychological training of cadets and employees of the penitentiary system, as well as psychological support for convicts.

A significant body of research conducted in last years, aimed at studying the psychological characteristics of cadets.

So, Basina T.A. considers in his publications the features of educational motivation and ideas of cadets of a departmental university about convicts. The author presents detailed results of studies of cadets studying in different courses. On a similar topic, a study by Marishin S.V. was conducted, aimed at studying the ideas of graduates of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia about their future professional activities. In particular, the author considers the criteria for choosing a profession by cadets, professional qualities that are most significant for employees of the penitentiary system, and possible difficulties during service.

The article by S.A. Prokopieva is devoted to the analysis of the development of value orientations in the process of professional development of cadets of the first and third courses of study at a departmental university. The empirical data obtained by the author indicate that there are statistically significant differences in the structure of value orientations in the declared categories of respondents.

Currently, the Federal Penitentiary Service of Russia pays special attention to preventive measures to prevent violations of official discipline and prevent crimes among personnel.
E.V. Vakhramova notes that one of the ways to strengthen the rule of law among employees of the penitentiary system was the conduct of special psychophysiological studies using a polygraph. Conducting such research among graduates of the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia is carried out immediately before graduation with their voluntary written consent. The author notes that the results of research should be taken into account when determining departments and positions for the subsequent appointment of graduates.

An important issue raised in the article by Mironycheva K.E., Sobolev N.G. is the process of adaptation of graduates of higher educational institutions to serve in the penitentiary system. The authors consider the factors influencing the process of adaptation of graduates, their role, and also give recommendations on the provision of specialized assistance to young professionals.

Conflicts are one of the frequent problems faced by employees of the penitentiary system in their professional activities. So, Marishin S.V. considers the types of business conflicts, their categories, the consequences of conflicts, ways to resolve conflicts in professional activities. Some authors study the features of behavioral strategies in conflict situations in certain groups of employees.

Lobanova E.S. and Fedoseeva I.A. the phenomenon of positive thinking is considered in the context of its significance in the prevention of stress conditions among correctional officers. The results of an empirical study of the relationship between the level of professional stress and aspects of positive thinking of employees of the security department are analyzed.

The issues of manifestation of emotional burnout of employees of correctional institutions included in official communication with convicts remain relevant, and areas of work for its prevention are proposed.

Research by Cherkasova M.A. and Pozdnyakov V.M. is devoted to the study of the features of the occurrence, the specifics of the course and development of professional burnout in various categories of employees of the penitentiary system at different stages of service. The concept of "psychological monitoring of professional burnout of employees of the penitentiary system of Russia" is substantiated, the scientific model of the phenomenon proposed by the authors and the technology of psychological monitoring of professional burnout of employees of the Federal Penitentiary Service of Russia are described. For the effective implementation of psychological monitoring, measures of an organizational-legal, content-psychological and procedural-methodological nature are proposed.

Balamut A.N. analyzes the difficulties experienced in the professional activities of employees of the penitentiary system in direct interaction with those sentenced to life imprisonment. At the same time, the author considers possible options self - overcoming by employees of stressful factors .

Many authors reveal the features of professional activity and the requirements for the personal and business characteristics of employees of the department for escorting the penal system, present the results of an empirical study of value orientations, social motives, and identify resources for stress resistance of this category of employees.

Research by Speranskaya A.V. and Prokopieva S.A. are aimed at studying the professionally important qualities of the heads of detachments of correctional institutions.

Balamut A.N. and Cherkasova M.A. the issues of improving the psychotherapeutic direction of the activity of a penitentiary psychologist are considered. The authors present the results of a semi-structured interview conducted with practical psychologists of the territorial bodies of the Federal Penitentiary Service of Russia, in which the staff identified key areas of psychotherapy that are most in demand in the work of a penitentiary psychologist, and identified difficulties in organizing psychotherapeutic measures in correctional institutions.

A number of publications by the Institute's staff are devoted to applied problems of psychological support for the execution of a criminal penalty in the form of deprivation of liberty in relation to various categories of convicts. The most scientifically developed are the psychological aspects of working with convicts serving long and life sentences of imprisonment.

By means of psychodiagnostic tools Balamut A.N. the features of planning their lives by convicts who have been in conditions of social isolation for more than twenty years are determined. Among these, he refers to the desire of convicts for parole, as well as the actual unfulfilled need of the individual for a full-fledged, active and emotionally rich life. The issues of using the system of criteria for assessing the personality of a person sentenced to life imprisonment are considered, taking into account the possibility of granting parole.

Soboleva N.G. is devoted to the issues of psychological support of the process of serving the sentence of HIV-infected youth sentenced to life imprisonment. and Pankratova A.A. .

T.V. Bystrovoy a theoretical review of publications and studies relating to the state of knowledge of resilience in foreign and domestic science is shown. A number of the author's studies are aimed at studying the features of resilience and its relationship with the individual psychological characteristics of the personality of various categories of convicts serving long terms of imprisonment. T.V. Bystrova and V.M. Pozdnyakov developed typologies of male and female convicts, taking into account the characteristics of resilience, and also presented and experimentally tested psychotechnology aimed at overcoming the deficiency in resilience components, contributing to the creation of conditions for prosocial self-improvement of the individual.

Rogach V.G. considers the problem of the experiences of convicts serving long terms of imprisonment, and measures for the psychological correction of negative experiences in places of deprivation of liberty. Rogachev V.G. and Pozdnyakov V.M. methodological recommendations are presented for optimizing the experiences of male convicts serving long terms of imprisonment, developed taking into account the results of empirical and experimental research.

Osipova O.Yu. and Matveeva O.S. the problem of coping behavior in stressful situations of convicts sentenced to long terms of imprisonment, who are malicious violators of the regime of serving sentences in a correctional institution, is revealed. Empirically identified coping strategies make it possible to predict the behavior of convicts, both during the period of serving sentences, and to influence their post-penitentiary prognosis. The authors also offer recommendations aimed at psychological correction of non-constructive strategies and optimization of coping behavior.

Sobolev N.G. and Mikhailov A.N. present the results of an empirical study of the psychological characteristics of the autobiographical memory of convicts who are malicious violators of the established procedure for serving sentences in a correctional institution, taking into account the time spent in social isolation and the severity of the crime committed. The authors prove that the assessment of the topics of autobiographical memory is important for obtaining ideas about the sources and mechanisms of self-determination of convicts and the structures of their self-consciousness, which are determined by the variety of phenomenological forms of self-presentation of the individual.

In the article by Stefan E.F. describes the features of the life-meaning orientations of convicts who adhere to the norms of the prison subculture, and suggests areas of work for their psychological correction.

Konovalova N.A. the problems of forming an adequate time perspective for convicts in a correctional institution are revealed. The concept of time perspective is considered, its features in convicts are indicated, methods of its formation are proposed.

A wide range of studies devoted to theoretical approaches to determining the content and structural components of the psychology of legal consciousness, the content of the ideas of convicts about law and law, about justice, the problems of study, the structure and functions of the psychology of group legal consciousness of convicts, is disclosed in the publications of Suchkova E.L.

Rakitskoy O.N. an analysis of the psychological characteristics of the personality of men convicted of extremist crimes is given.

A large number of studies are devoted to the problem of psychological support for the execution of sentences in relation to convicted women. So, Rakitskaya O.N. and Morozova N.O., considering the problem of women committing crimes of a violent nature, analyze the socio-psychological causes of violent behavior, the possibility of restoring and developing personality traits that ensure their resocialization, justify the need to correct attitudes towards the family. Lobanova E.S. the article presents the results of an empirical study of the dominant manipulations used by convicted women in a correctional facility. Features of the family value of young women convicted of infanticide are revealed in the study by Osipova O.Yu. Suchkova E.L. Based on the study of the ideas of convicted women about the content and functions of informal norms and rules of conduct in correctional institutions, prepared recommendations for correctional officers on countering the influence of the informal normative system of the prison community.

Scientific works of Baburin S.V. and Chirkov A.M. aimed at studying the problem of overcoming negative consequences penitentiary stress in convicts. The authors discuss the essence of the strategy of psychotherapy of stress and mental personality disorders in convicts with the aim of their resocialization based on the development of the spiritual sphere.

Matveeva O.S. and Osipova O.Yu. reveals issues relating to the social adaptation of minors who have returned from specialized agencies, and also describes the program of social support for minors held in risk groups prone to re-committing crimes. The presented program allows to achieve positive results in the successful social adaptation of delinquent adolescents, providing them with the necessary conditions in society.

It is necessary to note the content content and the practice-oriented nature of the scientific articles published by the faculty of the institute. The above articles will be in demand and useful for conducting scientific research, preparing for training sessions on the issues of psychological support for penitentiary activities.

Bibliography

Basina T.A. Features of educational motivation of cadets of a departmental educational organization // Psychopedagogy in law enforcement agencies. - 2017. - No. 1 (68). - S. 18-20; Basina T.A. Features of representations of cadets of a departmental university about convicts // Sustainable development of science and education. - 2017. - No. 7. - P. 182-186.
Marishin S.V. Features of the representations of graduates of a departmental university of the Federal Penitentiary Service of Russia about their future professional activities // Bulletin of the Institute: Crime, Punishment, Correction. - 2017. - No. 3 (39). - S. 100-103.
Prokopieva S.A. Development of value orientations in the professional development of cadets // Legal science and practice almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. - Samara, 2017. - S. 252-254.
Vakhramova E.V. Features of conducting a special psychophysiological study using a polygraph in relation to graduates of a departmental university of the Federal Penitentiary Service of Russia // II All-Russian Congress law enforcement psychologists Russian Federation(Kazan, August 29-October 02, 2016): Sat. materials. Under total ed. Yu.P. Zinchenko, A.G. Karayani, Yu.S. Shoigu. - 2016. - S. 127-133.
Mironycheva K.E., Sobolev N.G. Factors influencing the process of adaptation of graduates of higher educational institutions to service in the penitentiary system // Criminal punishment in Russia and abroad: problems of appointment and execution: coll. international scientific and practical conference(to the 60th anniversary of the adoption of the UN Standard Minimum Rules for the Treatment of Prisoners). - Vologda, 2016. - S. 275-279.
Marishin S.V. Conflicts in the professional activities of employees of the penitentiary system // Penitentiary system at the present stage: interaction of science and practice materials: materials of the International scientific and practical interdepartmental conference. Under total ed. A.A. Votinova. - Samara, 2016. - S. 385.
Lobanova E.S., Fedoseeva I.A. Positive thinking and its connection with the level of professional stress of employees of correctional institutions // Bulletin of the institute: crime, punishment, correction. - 2016. - No. 2 (34). - S. 82-87.
Cherkasova M.A., Pozdnyakov V.M. Psychological monitoring of professional burnout of employees of the penitentiary system of Russia: monograph - Vologda, 2016. - 135 p.
Balamut A.N. Topical issues of psychological support for employees of the penitentiary system who directly interact with those sentenced to life imprisonment. // II All-Russian Congress of psychologists of power structures of the Russian Federation (Kazan, August 29-October 02, 2016): Sat. materials. Under total ed. Yu.P. Zinchenko, A.G. Karayani, Yu.S. Shoigu. - 2016. - S. 440-447.
Prokopyeva S.A., Osipova O.Yu. Peculiarities of value orientations among employees of the escort department // Criminal punishment in Russia and abroad: problems of appointment and execution (to the 10th anniversary of the adoption of the European penitentiary rules): Sat. materials of the international scientific-practical conference. In 2 parts. Under total ed. P.V. Golodov. - Vologda, 2017. - S. 43-48; Prokopieva S.A. Manifestations of social motives among employees of the escort department of the Federal Penitentiary Service of Russia // Psychopedagogy in law enforcement agencies. - 2017. - No. 2. - S. 47-50.
Speranskaya A.V. Diagnosis of professionally important qualities in the heads of detachments of correctional institutions // Criminal punishment in Russia and abroad: problems of appointment and execution (to the 10th anniversary of the adoption of the European penitentiary rules): Sat. materials of the international scientific-practical conference. In 2 parts. Under total ed. P.V. Golodov. - Vologda, 2017. - S. 57-62; Prokopyeva S.A., Speranskaya A.V. The place of mental abilities in the structure of professionally important qualities among employees of the educational department // Penitentiary system at the present stage: interaction of science and practice: materials of the International scientific and practical interdepartmental conference. Under total ed. A.A. Votinova. - Samara, 2016. - S. 515.
Balamut A.N., Cherkasova M.A. Topical issues of improving the psychotherapeutic direction of the penitentiary psychologist // Bulletin of the Institute: crime, punishment, correction. - 2016. - No. 1 (33). – S. 69-72.
Balamut A.N. Studying the life plans of those sentenced to life imprisonment, taking into account the possibility of parole // International Penitentiary Journal. - 2017. - V. 3, No. 2. - S. 133-136.
Sobolev N.G., Pankratova A.A. On the issue of psychological support of the process of serving sentences by HIV-infected convicts of youth to life imprisonment. materials of the scientific-practical seminar. Under total ed. S.V. Marishina. - Vologda, 2017. - S. 73-79.
Bystrova T.V. The relationship of coping strategies and psychological defenses with the level of resilience in convicts with long sentences // Vector of Science of Togliatti state university. Series: pedagogy, psychology. - 2016. - No. 4 (27). – P. 33-38.
Bystrova T.V., Pozdnyakov V.M. On increasing the resilience of convicts with long terms of imprisonment // Applied Legal Psychology. - 2017. - No. 1 (38). - S. 30-36.
Rogach V.G., Pozdnyakov V.M. Guidelines on optimizing the experiences of male convicts serving long terms of imprisonment // Bulletin of the Institute: Crime, Punishment, Correction. - 2015. - No. 3 (31). - S. 52-57.
Osipova O.Yu., Matveeva O.S. Strategies for coping behavior of long-term convicts who are malicious violators of the detention regime // International Scientific Research Journal. - 2016. - No. 8-4 (50). - S. 55-57.
Sobolev N.G., Mikhailov A.N. Features of the autobiographical memory of convicts recognized as malicious violators of the established order of serving sentences in correctional institutions // Applied Legal Psychology. - 2017. - No. 1 (38). - S. 48-54.
Stefan E.F. Directions of work on the psycho-correction of the meaning of life orientations of convicts adhering to the norms of the prison subculture // Penitentiary system at the present stage: interaction of science and practice: materials of the International scientific and practical interdepartmental conference. Under total Ed. A.A. Votinova. - Samara, 2016. - S. 727.
Konovalova N.A. Formation of an adequate time perspective for convicts: concept, subjects, methods // Penitentiary system at the present stage: interaction of science and practice: materials of the International scientific and practical interdepartmental conference. Under total Ed. A.A. Votinova. - Samara, 2016. - P. 317.
Suchkova E.L. Representations of convicts about law and law // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. - 2016. - No. 3 (71). - S. 205-209.
Suchkova E.L. Theoretical and methodological problems of studying the psychology of group legal consciousness of convicts // Bulletin of the institute: crime, punishment, correction. - 2016. - No. 3 (35). - S. 76-80.
Rakitskaya O.N. To the question of the psychological characteristics of persons convicted of extremist crimes. materials of the International scientific-practical conference. In 2 volumes. - Ryazan, 2016. - S. 898-901.
Rakitskaya O.N., Morozova N.O. On the effectiveness of psycho-correction of attitudes towards the family in women convicted of violent crimes // Bulletin of the Institute: Crime, Punishment, Correction. - 2014. - No. 3 (27). - S. 99-102.
Lobanova E.S. On aspects of training employees of correctional institutions in ways of interacting with women sentenced to deprivation of liberty using manipulations // Penitentiary system at the present stage: interaction of science and practice: materials of the International scientific and practical interdepartmental conference. Under total Ed. A.A. Votinova. - Samara, 2016. - S. 366.
Osipova O.Yu. Peculiarities of the Family Value of Women of Youth Age Convicted of Infanticide. materials of the scientific-practical seminar. Under total Ed. S.V. Marishina. - Vologda, 2017. - S. 89-92.
Suchkova E.L. Recommendations for Neutralizing the Influence of the Informal Regulatory System of the Prison Community in Correctional Institutions for Convicted Women // Penitentiary System at the Present Stage: Interaction of Science and Practice: Proceedings of the International Scientific and Practical Interdepartmental Conference. Under total Ed. A.A. Votinova. - Samara, 2016. - S. 611.
Baburin S.V., Chirkov A.M. The strategy of psychotherapeutic intervention of stress-induced states of mental maladaptation in convicts // Penitentiary system at the present stage: interaction of science and practice: materials of the International scientific and practical interdepartmental conference. Under total ed. A.A. Votinova. - Samara, 2016. - P. 49.
Matveeva O.S., Osipova O.Yu. Social adaptation of minors who returned from specialized institutions // Sustainable development of science and education. - 2017. - No. 7. - S. 135-140.

on the course "Legal psychology"

on the topic: "Methodology of legal psychology"

Introduction

1. Psychological methods for studying personality in legal activity.

2. Methods psychological impact on personality in the work of a psychologist.

Conclusion

Introduction

Practical law enforcement and law enforcement activities have a number of specific features compared to scientific activities and theoretical knowledge in legal psychology.

If Scientific research are aimed at obtaining new knowledge, then practical knowledge with the help of psychological methods aims to provide practice with knowledge of the psychology of the personality of the offender, criminal, victim, witness, plaintiff, defendant, the psychological side of lawful or illegal activity. The completeness and truthfulness of the study of the person of interest to us depends not only on the tactics of operational, investigative or judicial actions, but also on establishing the truth in a criminal case as a whole, the possibility of correcting and re-educating a criminal, and preventing offenses.

Lawyers always have to deal with the need to study a specific person when solving a variety of issues. This allows them to generally understand the possibilities, actions and actions of a person, find out the reasons for changing his behavior, build relationships correctly, determine ways and means of influencing a particular person, etc. In the activity of a psychologist, it is important to study not only individual mental processes and states during the performance of actions, but also more stable, deeper psychological properties of the personality, which should enable him to predict the attitude to the investigation process, individual actions. In legal psychology, the study of personality is considered as a necessary condition for subsequent influence on it in order to achieve the goals of preliminary investigation and justice. In order to establish contact with the interrogated, to determine the methods of influencing him, it is necessary first of all to study this particular person and know all of its features. Studying the personality of the accused in court helps to resolve the same issues that arise during the preliminary investigation, but in addition, the court still needs to decide on the measure of punishment, the need for isolation from society, determining the regime, etc. The courts are returning to the study of the individual when deciding on the issue of release from punishment, early release, reduction of punishment, etc.

At present, the law directly obliges the court, investigators, prosecutor, lawyer in each case to establish not only the corpus delicti, the persons who committed illegal actions, but also the reasons and conditions that contributed to their commission. These causes and conditions can never be fully revealed without taking into account the mental characteristics of the subject who committed the crime, without clarifying the conditions for the formation of his personality. To establish a connection between the conditions of life and the crime committed, it is necessary, again, to carefully study all the qualities of the person who committed the crime.

A thorough study of the identity of the convict is also carried out in places of deprivation of liberty. The administration needs to determine the ways of re-educating the convict, and for this purpose his personality is carefully studied. In the process of re-education, the study of personality continues. It makes it possible to find out whether the behavior of the convict has changed, whether this change in behavior is associated with a change in his attitude to certain facts, what measures exactly led to a change in personality, what results from the applied measures of influence take place, what changes need to be made in the process of re-education. Without the constant posing of these questions, the re-education of the personality is impossible, and therefore the process of studying this personality is also constant.

1. Psychological methods for studying personality in legal activities

The study of personality should always be carried out by practical workers and cannot be carried out without mastering special methods for studying personality in specific conditions of procedural activity. In accordance with this, legal psychology needs to develop methods for studying the personality, analysis and synthesis of the facts collected about the personality.

A person's personality is always a certain structure of properties, qualities, hereditary and acquired, formed as a result of the conditions of upbringing, activity, and one's own experience. The personality always combines individual properties and a set of social roles, which ultimately makes it the subject of labor, cognition and communication.

IN practical activities when studying a specific person, several substructures can be distinguished that must be taken into account by a legal worker.

1. Biologically determined personality traits. They are most fully expressed in temperament - the psychological manifestation of the properties nervous system. With this in mind, it is necessary to constantly study the properties of the nervous system in terms of excitation and inhibition, the development, duration of these processes, and their change. Biologically determined personality traits are also manifested in some needs, features of mental processes and states.

Socially determined personality traits. They are expressed in his attitude to society (worldview, beliefs, aspirations), in the system of communication and needs. Therefore, when studying the social substructure, information is collected and an assessment of the communication and needs of a given individual is carried out, as well as the structure of the social roles of the individual: the degree of their influence on the mental qualities of the individual, the completeness and correctness of understanding the social role, the relationship between various social roles, attitude to its implementation, duration implementation, readiness to perform a social role, etc.

Substructure of acquired knowledge and experience. Each person differs in the amount, direction of the acquired knowledge, acquired life and professional experience. In connection with the peculiarity of living conditions, professions, specific skills and habits are developed. This substructure of the personality should always be studied, since very often it is this set of information about the personality that acquires independent evidentiary value during the preliminary investigation of the case and its consideration in court, which requires procedural consolidation of the information received.

Intellectual and psychological features of the studied personality. This substructure consists of the peculiarities of mental processes inherent in each person: sensations, perception, memory, thinking. Interests, knowledge determine the level of intellectual development, culture, breadth of views, etc. The qualities of the mind, their orientation, training are different. Important in this substructure is the identification of volitional, organizational qualities of the individual, all other characterological features.

The study of personality in all cases should be carried out according to a clear, pre-developed plan. It should provide for the main goal of the study, the questions to be studied, specific ways, methods for studying a given person, ways to verify the results obtained. To study personality, all the possibilities that are available in each case, all methods, must be used. Planning involves the preparation of all investigative and judicial actions in such a way that they make it possible to most fully collect all the information about the person being studied, to double-check the available information.

The effectiveness of the results of the application of psychological methods for studying the personality, the degree of possibility of their use depend on the completeness of fixing the investigative or judicial action, where certain psychological methods for studying the personality were used. Hence, the use of methods of psychological study of personality is closely connected with the problem of expanding the methods of fixing the results of procedural actions. As in many cases, here one has to deal with the direct dependence of the development of psychological methods on the procedural forms and conditions of activity.

In practice, for the study of personality, a number of the same methods are used as for scientific knowledge. In particular, this is a conversation, observation, experiment, a method of analyzing the results of activities, a method of generalizing independent characteristics, a method expert assessments etc. However, psychological tests are still the most effective in practice. In the specialized literature, a separate test method is sometimes singled out, used to establish the presence and absence of already known psychological characteristics in certain individuals under study, or indicate that tests are methods by which certain qualities of a particular person are established, whether or not they correspond to previously identified norms. and standards.

A number of authors call tests a special or special kind of experimental method. Sometimes the test is practiced as a test experiment, used along with laboratory and natural experiment. In the latter case, this is due to the decoding of the concept: test (English) - test, test. There is no point in discussing here whether the test method is independent or part of the experimental one. All methods of psychological research are a system in which not only methods of theoretical scientific knowledge and methods used in legal practice interact, but also experimental and non-experimental. The experimental nature of the method is determined by the essence and purpose of the study, and not by its name.

We agree with the opinion of M.V. Kostitsky that for practical purposes - preliminary investigation, trial, crime prevention - a person versed in psychology can certainly use a certain number of test methods. For example, in order to study the cognitive sphere, in particular perception, the method of explaining plot pictures can be used, which consists in presenting plot pictures to the person being studied: funny, sad, with a more or less complex plot. This takes into account the activity and desire of the subject to consider the picture, the time spent by him on this. In addition to indicators characterizing perception, using this method, one can obtain data on the features of the intellectual and emotional spheres (the ability to highlight the essential, ingenuity, etc.).

To study the cognitive sphere, the method of memorizing ten words proposed by A.R. Luria. The subject is called ten words and prompted to immediately repeat them in any order. The experiment is repeated five times, an hour later - again. The memorization curve may indicate a weakening of active attention, severe fatigue, repetition of the same mistake, pronunciation of extra words, which may indicate sluggish organic pathologies of the brain. This method also involves the use of a set of cards, each of which has four objects drawn on it. The experimenter asks the subject to determine which of the three objects are similar and can be combined under one name, and which (fourth) does not fit them. The so-called Bourdon method is applicable mainly to minors, as well as to persons with low cultural development. With its help, the ability to synthesize, the ability to build generalizations, partly working capacity and stability of attention are determined.

When studying perception, the method of finding numbers using Schulte tables is effective in practice. Standard tables are used, on which the numbers from 1 to 25 are written in a different order. On each of the five tables they are written differently. The person being studied is given the task to find, show and name aloud all the numbers in order and do it in time as quickly as possible. When evaluating the results, the difference in the amount of time spent on each table is taken into account. An increase in it on the last tables indicates fatigue, an acceleration indicates slow working in. Normally, each table should go same time.

For the study of thinking, we apply the method of excluding objects. With its help, the ability to build generalizations, logically, correctly, strictly and clearly formulate an idea, as well as features of memory, attention, reactions to one's own achievements and failures, is established. The method of comparing concepts is also used to study thinking. It is applied as follows: the researcher prepares several dozen pairs of words or uses the standard ones given in a special atlas and invites the student to compare the concepts included in the pairs of words, indicate the similarities and differences between them. When analyzing the results, it is taken into account whether it was possible to identify significant features and differences in memory, whether the sequence in the answers was observed. This method allows you to determine the features of the analysis and synthesis of the studied person, his ability to generalized or specific thinking.

In the study of minors, especially those with pathological deviations in mental development, the sequence of events method can be successfully applied. Its essence lies in the fact that the person being studied is offered a randomly mixed series of cards, which depict the sequential development of one event, and they are asked to arrange the cards in order and tell about what happened. When analyzing the results, the experimenter receives information about the intelligence of the person, his ability to understand the connection of concepts, build consistent conclusions, intellectual underdevelopment, difficulties in comprehending the material, inertia of mental processes, features of oral speech, etc.

In order to establish the features of mediated memorization, the nature of thinking, the ability to form semantic relationships between the named word and a certain visual image, the method of mediated memorization by A.N. Leontiev. Its application consists in presenting cards with images of objects to the person being studied and suggesting to memorize a number of words corresponding to them. To make it easier to do this, each time the experimenter names a stimulus word, the student chooses one card with an image that will help him remember the right word. Using this method, it is not the correctness of the choice of picture that is assessed, but a meaningful and semantic connection is established between the word presented for memorization and what is shown in the picture. These connections may indicate the nature of knowledge, ideas, life experience of a person, his ability to generalize.

In the process of carrying out a preliminary investigation of a case and a trial, it is necessary to study not only individuals, but also individual groups and collectives. This is necessary for judging the mental qualities of an individual, which should be studied in the process of communicating with other persons in order to more clearly know the features of the structure of communication, the social experience transmitted, etc.

It is known that social psychology is called upon to study the personality through the collective. However, in order to solve the problems facing it, legal psychology must also deal with such research. The study of groups and collectives is necessary to ascertain the causes and conditions that contribute to the commission of a crime, to correctly understand the conditions and causes for the appearance of certain mental qualities in the accused, etc. You can understand a person only by studying the collective, the social environment where this person was formed, where he committed this or that crime. It should be noted that there are still a great many microgroups that negatively affect the personality, contribute to the formation of the negative qualities of the person being studied.

Contact with the team can be carried out by talking with the team, attending meetings, etc. The minutes of meetings, correspondence on behalf of the team, documents characterizing the activities, the reaction of the team on various issues are subjected to study. The study of a personality necessarily involves summarizing all the materials received by the experimenter and obtaining a conclusion about the essence of a given personality, that is, drawing up a characteristic that helps to navigate the collected material, identify existing contradictions, facilitates the search for approaches to a given personality, and helps to find out the reasons for committing a crime.

2. Methods of psychological impact on personality

The methods of psychological influence used by lawyers in their professional activities differ from the methods of cognition aimed at developing the science of legal psychology and studying its subject, and from the psychological methods of studying the personality, used both for the knowledge of mental processes, phenomena and states, and for practical purposes - to ensure jurisdictional process, prevention of illegal behavior, at the same time, methods of psychological influence on a person are inextricably linked with the theoretical achievements of legal psychology, and with the technology of using special psychological methods to fulfill the order of practical jurisprudence. It can be argued that the methods of cognition and study of personality create a certain basis for the further application of methods of psychological influence. Experts point out that psychological impact always takes place in the process of preliminary investigation or trial. This is, as a rule, the impact on the offender, victim, plaintiff, defendant, witness, etc.

The purpose of such an impact is to educate or re-educate a person, stimulate him to law-abiding behavior, assist in restoring information in the memory of a person about an event or subject that is of interest to the bodies of jurisprudence.

It is known that in practice the investigation of specific criminal cases is fraught with great difficulties, since the knowledge of their circumstances is carried out retrospectively, as a rule, with very intense opposition from interested parties, with diverse, sometimes mutually exclusive interests, deliberately distorting the truth. Psychological methods of influence are designed to block these negative manifestations, to counteract them.

Psychological methods of influencing a person are understood as ways of influencing the psyche of an offender, victim or witness in order to induce them to testify about the circumstances of the offense. They are very closely related to tactical methods of influence and are inapplicable without them. To influence the personality of the offender, it is advisable to apply the following methods: transfer of information; suggestion; beliefs; reflections; setting and varying mental tasks; psychological "traps", etc. Tactical techniques are the technological side of the application of psychological methods. As a rule, they consist in changing the situation of disclosure of the offense in a favorable direction, maximizing the use of the element of surprise in the conduct of the case;

Avoiding conflict and waiting; in the concentration of evidence and the impact with their help on the most weak spots in the position of the opposite side; the use of forces and means of the opposite side and the use of new methods, of which it, as a rule, is not aware, etc. The use of lawful psychological influence is not only permissible, but also necessary. As a rule, psychological impact is achieved both by the nature and content of information, and by mental induction. Between a worker of jurisprudence and persons related to the offense under investigation, there are various communicative relations and, in particular, neutral, conflict, cooperation. A law enforcement officer, depending on them, chooses methods of influencing a person. Here, under any circumstances, it should be borne in mind that the psychological impact must comply with constitutional and other legitimate legal norms, not violate the rights of the individual, not humiliate his dignity.

A law enforcement officer in the process of solving an offense has to constantly contact the offender and persons directly related to this case. Such contact consists primarily in the constant exchange of information. The previously collected and generalized information is perceived by the respondent, processed and evaluated by him, and only then affects his volitional, emotional and intellectual sphere, forcing him to respond. In this case, we can talk about the transfer of information as a method of mental influence. This method is understood as the purposeful transmission of messages about events, facts, knowledge, primarily with the aim of enriching another person with knowledge, satisfying curiosity. In the process of communication, information is always transmitted, information is always influenced and exchanged. The creation of preconditions for the transfer of information, a certain appropriate selection of it, can significantly increase the power of the impact of this information on a person, develop a special method of influence - the transfer of targeted information.

In the context of the administration of justice, the method of transmitting information helps a certain change and direction of the thought processes of the person who is affected. The essence of the method lies in the fact that the information collected in advance and in a certain order, conditions, ways, transmitted includes the person who is influenced in the intellectual, emotional, volitional processes, processed by him, which leads to the achievement of a specific planned goal of the impact. This method is used for a wide variety of purposes: to assist the offender, the victim, the witness in restoring what they have forgotten. Here, the use of the method of transmitting information to stimulate memories should not turn into suggesting what and how the offender, victim or witness should tell. This method can change the direction of the mental processes of the person giving false testimony, as well as excite a certain emotional state, change the attitude, views, worldview.

In practice, there are people who remember the events that happen to them in a strict time sequence. As a rule, the loss of one of them does not make it possible to remember the next. Here the task of a practicing lawyer is to help restore a specific lost link.

When a witness, offender or victim reports false information or hides the true circumstances of the case in every possible way, the information of a legal worker must have objective sources. These can be both various official documents, in particular characteristics, protocols of inspections and searches, as well as the conclusions of specialists and experts. The receipt of such information in some cases forces the perpetrator to reconsider his position and give truthful testimony. The same positive result can be achieved by reporting the appropriate behavior of other participants in the process. Such a transmission should stimulate the intellectual activity of the perpetrator and reassess his own position.

If, however, a conflict relationship develops between a lawyer and a respondent, then the transmitted information should give the latter the impression of full or at least sufficient awareness of the lawyer. In this case, the previously chosen variant of behavior is recognized by the opposing party as untenable, after which either recognition follows, or it is necessary to come up with a new model of behavior in relation to a legal worker or even other persons. The need for an immediate response increases the likelihood of errors, and therefore facilitates the disclosure of lies at a particular stage of the preliminary investigation. This variant in practice can be repeated many times. The task is to ensure that these repetitions are certain steps along which the practicing lawyer gradually approaches the truth. With regard to the offender who denies his guilt, it is advisable to use a schematic transfer of information (in cases where not all the circumstances are known to the law enforcement officer himself). The transmitted information must certainly create the impression of full awareness of the worker of jurisprudence and the inexpediency of his further deception.

Absolutely reverse side transmission of information is its concealment. Here, a law enforcement officer, having data that exposes the offender, witness or victim in a lie or concealment, may not use them until a certain time. This gives the persons listed above the illusion of their ignorance and, accordingly, a false idea of the goals pursued by the practicing lawyer and of their position, which in turn gives rise to an overestimation of their capabilities, and sometimes imprudence. The opposing side in this case unnecessarily opens up, becomes vulnerable to transfer previously concealed information to a law enforcement officer at the right time.

When exposed to the method of information transfer, it is important to take into account the following factors.

Conditions for the transmission of information, which should ensure that attention is focused precisely on the information presented, since otherwise the force of the impact of this information will be significantly reduced. Conditions can enhance the emotional impact, in particular, become its additional element.

Ways to transfer information. In practice, they are quite diverse. The most commonly used method is oral speech. Of course, written speech, various documents, objects (subjects), their images, etc. can be used. Certain encoded information can also be used if its code is known to this person (graphs, diagrams, etc.). The method of transmitting information is chosen depending on the specific purpose of the impact, psychological and professional features personality, perceived interest in the information presented, etc.

The form of information transfer in speech. Usually, information can be conveyed in any grammatical form: exclamatory, declarative, affirmative, negative, and interrogative. It is known in practice that the form of information transmission stimulates the processes of mental activity in different ways, each person can be used in different ways to influence him. Here, when using various forms of information transfer, it is important to take into account the state of a person at the time of communication. After all, information can be calculated both for an immediate reaction, and for more or less long-term thinking through the information received. Practice shows that information designed for a period of reflection and thinking, in most cases, requires a narrative form of presentation; designed for an immediate reaction, requires, as a rule, an exclamatory form, etc.

Determining the sequence order and information transfer rate. It has been established that the power of information impact is determined, in general, by its logical sequence and coherence, the unexpectedness of presentation, the role in the thought processes of a given person, and the attitude to information. The unsystematic transmission of information not only will not lead to the excitation of mental activity, but, on the contrary, can lead to the opposite results.

It should also be taken into account that the transmitted information must meet the requirements of evidence and persuasiveness; it must, of course, be capable of being analyzed, synthesized, and compared with other facts. It is these actions that are designed to ensure the activation of the thought processes of a person who is affected in a certain way. It is also necessary to constantly monitor the impact of information. As a rule, it is important here to make sure that the person understood what he was told, to carefully observe his reaction, its verbal expression. In practice, all these facts should be taken into account when planning the impact of this method. This method in all cases is designed to provide the affected person with independence in assimilation, processing, comprehension of the transmitted information, in making a certain decision. Therefore, an obligatory prerequisite for the application of the information transfer method is the ability of the person who is supposed to be influenced, actively perceive information, mentally process and use it to make certain decisions.

The method of information transfer is close to the method of persuasion used in messages to change the views of a person and his attitudes so that this person formulates new ones. This method consists in influencing the moral sense of justice of the offender in order to rethink and change his attitude to the perfect, his subjective assessment, inhibition of immoral, illegal behavior. The method of persuasion is extremely widely used in the process of preliminary investigation and in the activities of the implementation of legal proceedings.

Persuasion is used in cases where the need for the actions required from the offender or another person can be convincingly proven. At the same time, it is assumed that the offender, based on his knowledge and life experience, listens to the explanations of a law enforcement officer and realizes the purposefulness of what he is specifically recommended. Here, the effectiveness of persuasion depends to a large extent on the authority that the employee enjoys with the offender, witness or victim, due to his general culture, deep professional knowledge, high morality and intelligence, tact, noted and recognized by the opposite side.

As a rule, persuasion for the purpose of revealing an offense and in the course of a trial is carried out in various forms. First of all, this is a logical conviction as a carefully thought-out presentation of facts in a certain sequence, indicating their relationship and the conclusions that follow from them. For example, a lawyer points out the need for repentance, sincere confession, etc. Emotional persuasion is designed to awaken, to use in subsequent thought processes the person being convinced of his attitudes, feelings, and beliefs. This emotional conviction positive results in combination with the method of transmitting information, it is also often used in parallel with logical persuasion, which is why the emotional coloring enhances the logical impact and the information is perceived more convincingly and significantly, stronger. If there is a firm position of the procedural opponent, his conviction that he is right, justifying the offense, the conviction is also applied in the form of a discussion.

Persuasion-discussion is a system of exchanging statements, certain arguments, refutations, which this moment have the subjects of communication, in order to defend, of course, their point of view. Persuasion in the form of a discussion presupposes the greatest activity of the person being persuaded in presenting his objections and counterarguments.

In all cases, the use of the method of persuasion will only be effective when it simultaneously and timely affects all areas of the human psyche: emotional, intellectual and volitional. The process of persuasion should always help a person to understand the current confusing, sometimes complex, contradictory circumstances, to make the right decision, if possible, to identify the mistakes made, to realize his guilt. Persuasion should help to form a goal, a line of conduct for the future.

In each case, it is necessary to use the method of persuasion in a different way, purely individually, when influencing a particular person. Associated with the methods of transferring information and persuasion is the method of setting and varying mental tasks. The impact is carried out not only by the transmission of positive information, but also in the form of a question - a mental task. And here, in the formulation of a mental problem, such facts should be taken into account that create conditions for a specific method of influence. Its main essence is reduced to the setting of certain tasks in order to direct the development of the thought processes of persons who are influenced by law enforcement officers. Content, as A.V. Dulov, is achieved here by setting the task, influencing the direction of thought processes and assisting in the necessary solution of this mental task. The application of this method is mainly associated with the formulation of questions, the content and emotional coloring of which determine the assessment of them by the person we are studying and the solution of these questions by him. In the overwhelming majority of cases, this person may have certain associations about the circumstances being clarified, which enhance mental activity. As a rule, such a person hiding any circumstances has two models in his mind: real and imaginary. In the process of a free presentation of the circumstances, the above-mentioned models do not mix, but the more effective and more complex the psychological methods used by a law enforcement officer in terms of the degree of impact on the offender, the greater the likelihood of their displacement. The application of this method is precisely calculated to force the person of interest to us to mentally change the models developed by him or to state them in the finest details.

The impact is:

1) methods of asking questions;

3) assistance in solving the set mental task. To solve this problem and achieve the desired success, it is necessary to carefully study the features, as well as the types of questions and possible answers to them, the boundaries of the behavior of persons of interest to us when they are posed.

Setting tasks of increasing complexity in the process of communication, a legal worker certainly cannot use one mental model and allegedly forget the other, since both models are constantly in motion, and when detailing, as well as logically constructing and forcing the person of interest to us (respondent) to compare , classifications, elements of both models are always intertwined, which causes confusion in the presentation of the material, violates its consistency and harmony.

In life, the method of setting and varying mental tasks consists not only in asking the questions we need about the offense committed, but, in most cases, other mental tasks can also be put before him. In practice, using this method, you can also implement the process of remembering by association. By posing a certain series of questions about the development of an event, in most cases, the revival of temporal connections and the restoration in memory of events, various facts that developed in parallel with the main event in relation to which questions were posed, that is, mental tasks for remembering, is achieved.

Practitioners of jurisprudence using this method initiate the process of analyzing their actions and actions in the persons of interest to us, which, in most cases, is an indispensable condition for making certain volitional decisions, sometimes changing attitudes towards their behavior, actions and actions. This, as practitioners know, cannot be achieved by the transfer of information or only by persuasion. It is simply necessary that the active processing of all facts, all transmitted arguments or judgments be carried out by the person who is being influenced. This role is performed by the method of setting mental tasks. It finds a fairly wide application in the exposure of false testimony. The fact is that a person who knowingly gives false testimony necessarily has two of his own mentally worked out models of the event, about which specific testimony is given. In reality, one model reflects the event as it actually happened, and the other model, as a rule, the transmitted version of the event. Of course, the presence of these two models leads to the complication of the mental actions of a law enforcement officer after setting such a task for him. The one who gives false testimony seeks to most details combine these two models and its false version in most cases, unfortunately, becomes plausible. In this paper, we are in solidarity with M.V. Kostitsky that the role and method of reflection is important in the disclosure of an offense, which is understood as personal introspection, a person’s thinking about own behavior and state of mind. This method consists in the fact that any law enforcement officer mentally puts himself, let's say, in the place of the offender, or another person concerned, and, analyzing his actions, draws a conclusion from his perceptions. He tries to determine the nature of the behavior of a criminal or a criminal group in a given situation. This method is almost always effective in the presence of sufficient information about the offense committed and the identity of the offender.

The essence of the application of the reflexive method lies in ensuring sufficient preparedness and timeliness of the actions of a practicing lawyer, primarily to identify and expose the offender. In difficult situations, when the offender prepares in advance and diligently, when the offender is a person with considerable intellectual abilities, it is possible, as already indicated, to use the method of reflection on his part. This situation is defined as the use of two-way or synchronous reflection. The offender, calculating his actions, as a rule, foresees the actions of a law enforcement officer, as if “thinking” for him. With such mutual reflection, the assessment by a practicing lawyer of the opponent's reflexive abilities means a lot. In one case, a law enforcement officer comes from the position that we are both developed and smart and strives to choose a solution that guarantees a result. In particular, by outplaying the opponent in certain situations, he gradually achieves the main goal - the disclosure of the offense. In another case, the assessment of one's opponent occurs on the basis of the principle of superiority. When reasoning like "I'm smart", a law enforcement officer proceeds from the fact that any thought that came into the mind of his opponent can be imitated by him. When reasoning like “he is smart”, a practicing lawyer proceeds from the fact that any of his thoughts can be imitated by the enemy.

With two-sided reflection in the work of a law enforcement officer, it is not the prediction of the next move of the enemy that comes to the fore, but the active giving him grounds for making certain decisions, or reflexive control of him. It should also be noted that, in contrast to the rules of "game theory", lies, provocations, blackmail, intimidation, etc. are completely unacceptable when uncovering offenses. The control of the opponent's decision should not be carried out directly, not by brute coercion, but by transferring the grounds from which he could logically derive his own decision, but predetermined by the other side.

The behavior of the offender can be reflexively controlled in various ways, for example, by transmitting false information about the facts established by a law enforcement officer, exposed accomplices. In practice, this may be a disguise of actions that are carried out under the guise of others that are not essential for the offender. The purpose of masking is not to stop the enemy from receiving information, but to provide him with the opportunity to receive only certain information. Another variation of this technique is the creation of a false threat. In this case, a practicing lawyer demonstrates activity, interviews a large number of people, repeatedly inspects the same objects, repeat interviews and face-to-face confrontations of the same persons. The enemy in this case can apply the method of reflection in the direction of an imaginary threat, perceived by him as real.

Another way to reflexively control the enemy's behavior is the formation of his goals, for example, the "dummy duck" option. In this situation, in order to detain and expose the criminal, a special operational-investigative group was created, which included a number of women, police officers, outwardly similar to those who were attacked. The operation was carried out in evening time. In the area where it was carried out, measures were taken to remove potential victims so that only specially trained and reliably operationally covered women remained. On the second day, the offender was arrested.

The formation of the enemy's goal is also possible by transferring to him a picture of his achievements, goals, information about the collected evidence, etc. For example, conveying the intention to search, seize, or exhume a corpse forces the adversary, as a rule, to act proactively, to appear in a certain place, to try to destroy the evidence. The realization by the enemy of the set goal often leads to his exposure.

The method of reflexive control of the behavior of the offender is also used in practice - the formation of the doctrine of the enemy. In particular, a law enforcement officer pretends to “fall for” the same technique used by the enemy. This may be sincerity and frankness in a conversation about matters not related to the offense under investigation, for example, the real hobby of the offender and the imaginary hobby of a law enforcement officer. In the process of such an intimate, accessible conversation on an abstract topic, significantness, negligence, interpreted by the offender in his favor, are acceptable. With repeated repetition of this technique, the offender develops an opinion about the possibility of influencing a practicing lawyer through his hobby. In this case, the offender may use hysteria, tears, falsification, simulation, rudeness, flattery. Applying these means repeatedly and being convinced of their practical effectiveness, he develops a line of subsequent behavior, taking into account the weakness of this lawyer that he himself has established. As a result, he himself is under the control of the latter.

The method of reflexive control of the behavior of the offender is the transfer of the decision.

This path is more suitable for operational-search activities, but is also used in investigative and judicial work. The transfer of the decision may be carried out by a lawyer, for example, in the form of prompting an incorrect answer to an essential question. The respondent, accepting or refuting it, is forced to abandon the unfair attitude to the process of revealing the offense: agreeing with the lawyer, he will be caught in a lie, refuting him, he is forced to give arguments and real facts. The transfer of the decision can also be carried out through other persons, in particular relatives, friends, close acquaintances, etc. The decision must always be logically justified and the only one in a given situation (frank confession, confession, etc.).

Reflexive control of the offender's behavior is also carried out by creating in him, with the help of a chain of actions, a false idea of the means, opportunities and goals available to a practicing lawyer, and, accordingly, of his further actions, specific intermediate goals, and sometimes the chain of these goals. Such awareness of the offender should increase his anxiety, fear of being exposed, encourage him to act. By creating such an imaginary threat, stronger than its execution, and in false directions, the legal worker achieves a certain superiority in reflection over the enemy, which certainly facilitates his subsequent activity.

In practice, in the process of uncovering an offense, it is possible to completely avoid transferring information to the enemy only at the first stages. Then the offender, in the process of contacting a law enforcement officer, directly or indirectly, nevertheless receives certain information of interest to him and, of course, seeks to carefully analyze it. Therefore, a practicing lawyer cannot refuse such a method of reflexive management as neutralizing the offender, when the latter, although he understands and sees that an investigation is underway or some specific procedural action is being taken that poses a threat to him, however, he cannot reveal his goals and prepare accordingly to protection. The most appropriate application of this method at the beginning of the process of disclosure of the offense. It is easier for a law enforcement officer to trap an experienced offender in the so-called trap if he tactically correctly uses the flaws in the reasoning of the enemy, who in turn seeks to put it to a law enforcement officer. Reflexive control leads such a worker to success regardless of the quality of the opponent's reasoning, as long as they are sufficiently complete. Here, any optimal, but rigid action programs have less chance than programs that are sufficiently flexible and logical.

An important role in the process of disclosure of offenses is played by the use of such a method of psychological influence as an emotional experiment. It, as a rule, consists in the unexpected presentation to the offender of material objects that are directly related to the preparation, commission, or concealment of the offense. Practice shows that these can be stolen items, photographs, hiding places, forged documents, and other objects of crime. Here the reaction of the offender can help in determining the further path of disclosure of the offense, to draw a conclusion about his actual relationship to certain events or facts. Such an application of an emotional experiment is possible only after its careful preparation. In this case, the type of temperament of the respondent, his endurance, reaction speed, artistry, etc. should be taken into account. This emotional experiment most often gives a direct and immediate result.

A.V. Dulov and A.R. Ratinov include suggestion in the psychological arsenal of law enforcement officers.

Suggestion is understood as an influence leading to an uncritical perception of someone else's position, accepting it as one's own. This suggestion may be in the form of an order, a stern shout, a low whisper, a command given in a normal voice, and so on. Indirect suggestion lies in the fact that with a lack of information, the procedural opponent of a practicing lawyer receives it about facts that are not directly related to the offense. Information is given to him in such a way and in such a volume as to change the primary direction of his position, to induce a rethinking of his deed, to repent, to give truthful testimony. In this case, suggestion is based on the use of positive personality traits.

Indirect suggestion is made by transferring information, information about the life of the offender, the victim, the witness, creating a conviction that the law enforcement officer is fully informed. These can be direct neutral statements about the details of the offender's relationship with his accomplices, or about his work, hobbies, etc. questions that testify to the awareness of a law enforcement officer, in particular about how the person under investigation spent time before and after the commission of the offense, etc. It should be noted that suggestion is designed to suppress, subjugate the will of the person who is influenced by this method. At the same time, we must not forget that there are a significant number of varieties of the method of suggestion, applied taking into account the characteristics of the goals and conditions of influence. A variation of the method of suggestion is the method of command, which is a means of psychological coercion. Without coercion, it is impossible, in particular, to carry out work on the re-education of persons who have committed a crime, which ensures a change in the attitudes and habits of a certain person. Under the influence of coercion, the process of gradual weaning from harmful, negative habits and getting used to positive ones is carried out. As a result of the development of habits, skills for work, for discipline, new person with certain properties, later in his upbringing leading role will not perform methods of coercion, but methods of persuasion.

The use of the method of suggestion can be calculated for a long-term perception of it by a person in his mind or for a short-term change in behavior, activation of thinking. To achieve the latter goal, the order method serves. This method can be used to create a sudden, sharp stimulus, to instantly change and relieve heightened emotionality, to inhibit in the absence of a reaction to all other influences. The order method is used only if there are sufficient grounds for applying procedural or administrative coercion to a given person and is a means of implementing this coercion in the course of communication. The order method also takes into account the understanding by the person affected by this method of the real possibility of applying a certain punishment to him, a sanction in case of failure to comply.

We believe that at least briefly we should dwell on the method of the example. The essence of this method in pedagogy lies in the fact that actions, techniques, rules of behavior in communication are reproduced in the process of education. The example method finds its application in legal psychology, as a rule, here it is implemented in the process of communication. Using the example method, you can convey the attitude to objects, phenomena, events. Such an attitude can be conveyed primarily by one's actions, one's behavior. Note that the example method can be implemented in several ways: a personal example of behavior, actions; messages about the positive actions of others; giving the opportunity to personally perceive the action, behavior of other persons.

In practice, the example method is able to arouse a critical attitude of the person being influenced towards himself, which is achieved by comparing the actions of the behavior, the words of the influencer with his own. The example is not limited to outside behavior or action. It manifests itself in relation to one's duties, to the fulfillment of given promises, to discipline, to organization, etc. The example method is also implemented in the form of messages about the actions of other persons. Creating a habit of discipline, communication skills, the transfer of positive social experience is impossible without the use of the example method. Exceptional impact is exerted by personal meetings with progressive people.

Conclusion

The study of a personality necessarily involves summarizing all the materials received by the experimenter and obtaining a conclusion about the essence of a given personality, that is, drawing up a characteristic that helps to navigate the collected material, identify existing contradictions, facilitates the search for approaches to a given personality, and helps to find out the reasons for committing a crime.

The compilation of a characterization should always be preceded by a thorough study of the collected material, an analysis of each available fact, verification of these facts by all available procedural and operational means. The preparation of characteristics for the personality being studied makes it possible to determine not only a further plan for studying the personality, but also ways of its further re-education, ways of influencing it to develop skills, correct the psyche, etc.

Bibliography

1. Baranov P.P., V.I. Kurbatov. Legal psychology. Rostov-on-Don, "Phoenix", 2007.

2. Bondarenko T. A. Legal psychology for investigators. M., 2007.

3. Volkov V.N., Yanaev S.I. Legal psychology. M., 2005.

4. Vasiliev V.L. "Legal Psychology": Textbook - St. Petersburg, 2006.

5. Enikeev M.I. Legal psychology. M., 2006.

6. Psychological techniques in the work of a lawyer. Stolyarenko O.M. M., 2006.

7. Shikhantsov G.G. Legal psychology. M., 2006.

Cand. psychol. Sci., Associate Professor, Department of General and Social Psychology, Tyumen State University

On the example of forensic psychological expertology, the following are emphasized: the importance of the scientific autonomy of legal psychology, expressed in its ability to enrich general psychological theory; the correctness of the use of its developments in law enforcement and law-making activities. An understanding of the mechanism of emotional regulation is proposed and articles of the old and new Criminal Codes related to "emotional crimes" are analyzed. An analysis is made of the correlation of legal, general psychological and expert-psychological concepts "strong and sudden strong emotional excitement", "affect", "emotional state", "legally significant emotional state"; the concept of "legally significant ability" is singled out. Conclusions are drawn that "a legally significant emotional state" is an extremely generalized concept of forensic psychological expertology and that in a different legislative context it has a special set of essential features.

Keywords: psychological and legal context, theory of legal psychology, forensic psychological expertise, affect, legally significant emotional states.

1. STATEMENT OF THE PROBLEM

This article is devoted to a discussion of the prerequisites and consequences of strengthening the autonomous scientific status of legal psychology, which it needs at the present stage for adequate interaction with general psychology, law and other sciences. If the emergence of legal psychology was due to the demands of law, i.e. applied problems, then today it should be equally developed in both applied and fundamental aspects.

Considering the problem of the scientific autonomy of legal psychology, it is necessary to discuss the relationship between general psychology, legal psychology and criminal law, setting a number of tasks for solving: differentiation of the subject of research; development of own categorical apparatus; development of new concepts necessary for the practice of legal proceedings; enrichment by legal psychology of general psychological theory. Their solution is relevant primarily in the field of forensic psychological expertise, in connection with the adoption of the Criminal Code of the Russian Federation, which has been in force since 1997.

The lack of elaboration of the relationship between the theories of psychology and law in forensic psychological examination, various interpretations in the literature of the subject and tasks of various types of forensic psychological examinations arising from legislative innovations, the undeveloped methodology, the lack of unification and standardization of expert approaches significantly complicate the activities of both expert psychologists and judicial and investigative bodies, and the theoretical underdevelopment of psychological phenomena that are significant for criminal law affects the adequacy of the laws being created. For example, only the absence of an interdisciplinary correlation of legal, psychological and psychiatric knowledge can explain the discrepancy between articles 20 part 3 and 22 part 1 of the Criminal Code of the Russian Federation: according to their norms, if a minor who has reached the age of criminal responsibility, but who is lagging behind in mental development, not related to mental disorder, during the commission of a socially dangerous act could not fully aware of the actual nature and social danger of his actions (inaction), or manage them, then he is not subject to criminal liability (Article 20 part 3), but a sane person who, during the commission of a crime due to a mental disorder, showed the indicated "phenomenon of incompleteness" , is subject to criminal liability (Article 22 Part 1).

2. SCIENTIFIC AUTONOMY OF LEGAL PSYCHOLOGY

If we talk about psychological theory in the context of legal psychology, is it enough to justify its provisions of general psychological concepts? A. R. Ratinov, who stood at the origins of the development of domestic legal

psychology, wrote that the need for legal theory in psychological knowledge "forced lawyers in scientific research to resort to the instructions of general psychology, which were applied and adapted to the solution of legal issues, or to independent psychological study and generalization of investigative and judicial practice and the development on this basis of psychological recommendations ". The current state of affairs shows that developments general psychology are different from the developments of psychology legal, but not at all because the first is fundamental science, and the second is applied. There are more compelling reasons for such a difference, since these sciences differ not only in the subject, but also in the object of research: in addition to general patterns in the functioning of the psyche, specific ones are also studied. G. M. Minkovsky rightly noted in the introduction to that legal psychology, like any other branch of psychology, has its own extensive "theoretical field". "After all, a methodology for interpreting, detailing, supplementing general psychological knowledge in specific areas of human behavior is needed. Moreover, a number of patterns of such behavior, despite a fairly high level of generalization, are simply not of interest to general psychology" .

The development of a fundamental aspect of legal psychology should manifest itself in two ways. Firstly, through the development of theoretical studies that contribute to strengthening the scientific usefulness of legal psychology and its solution applied tasks. Secondly, by emphasizing the problems of the relationship between psychology and criminal law in the field of not only law enforcement, but also lawmaking. The closest interdisciplinary interaction is carried out in the field of forensic psychological expertology, and we will conduct our analysis in its mainstream.

3. DIFFERENTIATION OF THE SUBJECT OF RESEARCH

Defining the purpose and objectives of forensic psychological examination (FPE), it should be taken into account that an expert psychologist (as a legal psychologist) and a psychologist-researcher have in mind a different object and subject of research. The relevance of the design and development of a system of necessary concepts of SPE, possible ways of adapting general psychological concepts at the level of SPE are considered by O. D. Sitkovskaya. In the study of F. S. Safuanov, the specificity of the expert forensic psychological concept of "affect" is discussed; the author believes that expert concepts "occupy an intermediate position between general psychological concepts and legal terms and cannot be directly borrowed from the theory of psychology" .

In our opinion, object expert's research is not at all the functioning of the psyche of the subject, he must study the psychological mechanisms of human behavior in a specific legally significant situation. The situational functioning of the psyche as an object of study is emphasized by a number of researchers in relation to psychological, psychiatric and complex psychological and psychiatric examinations.

In theoretical terms, firstly, a clear dilution of the subject of research is necessary. different types examinations investigating the psyche (errors in recommending an adequate type of examination are found even at the level of resolutions of the Plenum Supreme Court Russian Federation ); secondly, the delimitation of the subjects of examinations with the subject of law, so that specialists can clearly understand the boundaries of their competence; thirdly, the construction of formulations must be carried out in an identical categorical context, taking into account not only procedural complementarity, but also preventing the reduction of the subject of research. And then it turns out that subject:

- forensic psychological expert research should be legally significant mental phenomena: mechanisms and laws of the functioning of the psyche, leading to specific legal consequences;

- forensic psychiatric examination - mental disorders, leading to specific legal consequences;

- complex psychological and psychiatric examination - mental disorders, determining mechanisms of the functioning of the psyche, leading to specific legal consequences.

If we are guided by the law, then the assessment of the person under study, her states, actions and their consequences, the entire system of evidence presented, established during the preliminary investigation, refers to subject justice.

Based on the foregoing, it is clear that the question of the state of passion (Articles 107 and 113 of the Criminal Code of the Russian Federation) of the accused does not correspond to the subject of either a comprehensive psychological and psychiatric examination, or, even more so, a forensic psychiatric examination (which occurs in practice); as a psychological phenomenon, it is the subject of a forensic psychological expert study.

An examination of persons with a mental disorder that does not exclude sanity (Article 22 of the Criminal Code of the Russian Federation), or minors with a mental retardation not associated with a mental disorder (part 3 of Article 20 of the Criminal Code of the Russian Federation) is carried out

comprehensively, with the involvement of psychiatrists and psychologists. The knowledge of psychologists is necessary to diagnose measure of completeness manifestations of a person's ability to consciously volitional behavior, and the knowledge of psychiatrists is needed to resolve the issue of the influence or absence of a mental disorder on this ability. However, another way is possible: conducting homogeneous examinations, first (according to tradition) forensic psychiatric, and then forensic psychological.

IN modern conditions the first manual on forensic psychological examination by M. M. Kochenov, which explained the tasks and functions of the SPE, as well as the principles of its implementation, has not lost its relevance. "Understanding the tasks and functions of the SPE at any stage of its development was determined by the content of the legislation in which it was carried out, the methodological principles of legal science and various psychological schools and trends" . Undoubtedly, legal psychology is such a direction. There is no doubt that an expert psychologist, as a representative of psychological science, should not only limit himself to the scope of its subject, but also isolate for study a legally significant psychological phenomenon that manifests itself in a specific situation of an offense. Answers to questions like: "Could this person in the situation under study to kill, slander, take bribes, etc.?"; "Was it in a state predisposing to suicide?"; "Was it in a state of sudden strong mental agitation?" refer to the subject of justice, - despite the fact that they are examples from expert practice, if they are formulated in this way, then they cannot be placed before the POC.

It is also unlawful to address a question to an expert psychologist about the compliance of a minor accused with his calendar age in the case when, according to his documents, this age is known. There are legal and expert-psychological reasons for this. In connection with the content of the legislation, when sentencing a minor, in accordance with paragraph 1 of Art. 89 of the Criminal Code of the Russian Federation "the conditions of his life and upbringing, the level of mental development are taken into account." "Category actual age is not based on the current law", therefore it is unlawful to associate the level of mental development with it. The concept of "age" in the Criminal Code of the Russian Federation is not divided into types, for example, calendar, actual, psychological. We add to this that, guided by expert psychological principles, the answer about the discrepancy age does not explain the specific psychological capabilities of the individual and their manifestation in the criminal situation under study.Thus, if in criminal proceedings there is a suspicion of a delay or lag in development, and the principle of subjective imputation requires that the subject of the crime be able to realize the social danger of his actions and be able to to lead, it is necessary to establish precisely this fact: capable - not capable (according to Article 21 of the Criminal Code of the Russian Federation), or the measure of manifestation of these abilities (according to Part 3 of Article 20, Part 1 of Article 22 of the Criminal Code of the Russian Federation). in the second case, the studied phenomenon (ability) is within the competence of an expert psychologist, although in the first case, according to tradition, it is studied only by expert psychiatrists.

So, we can distinguish the same terms that reflect concepts that have different content: general psychological, legal and forensic-psychological. For example, "the ability to realize the social danger of one's actions and manage them during the commission of a socially dangerous act" refers to the general features of the subject of the crime, i.e. it is a legal concept. In criminal law, the concept of "ability" is used in determining criminal behavior, the content of guilt, insanity, a helpless state; with the help of the concept of "ability" the capabilities of the accused, the victim and the witness are characterized. Therefore, a forensic psychological expert study should not establish any or all (in the general psychological sense) abilities of the subject, but only those that are legally significant. Among them are the abilities: to resist (resistance), to lead in a group, to exercise a special psychological impact on others, to correctly understand reality, to reproduce past events, to be aware of oneself and the significance of one’s actions, to control one’s actions, etc.

4. DEVELOPMENT OF OWN CATEGORIAL APPARATUS

One of the important theoretical problems of legal psychology is the development of its categorical apparatus, which includes the differentiation of general psychological and legal concepts, as well as the development of new concepts necessary for the practice of legal proceedings.

The non-identity of the categories of legal psychology with general psychological ones is connected with the peculiarity of the object and subject of research. The specific content of the concept arises when a legislative context is imposed on the psychological reality. This is the reason for the development of the concepts of "legally significant emotional states", "legally significant abilities", "social subjective abilities that have legal significance" .

Let us turn to the content of the legislation and, using the example of emotional states relevant to criminal law, analyze the grounds for a forensic psychological expert study. To discover the legal significance of emotional states, it is necessary to outline the boundaries of the mental phenomenon "emotional experience, state" and consider it through the prism of the legislative framework.

In the former Criminal Code, there were articles that indicated a strong and suddenly aroused strong emotional excitement. The new criminal legislation, with the replacement of articles 38,104 and 110 of the Criminal Code of the RSFSR with articles 61, 107 and 113 of the Criminal Code of the Russian Federation, has undergone significant changes. From the legal categorical apparatus, the concept of "strong emotional excitement" was withdrawn (see: Article 61 "Circumstances mitigating punishment") and the concept of "affect" was introduced - in the titles of articles 107 "Murder committed in a state of passion" and from "Causing grievous or medium severity of harm to health in a state of passion. The wording of the articles refers to a crime "committed in a state of sudden strong emotional excitement (affect)" and lists its qualifying features: the specified state must be caused by the unlawful actions (inaction) of the victim, as well as a prolonged psycho-traumatic situation that arose in connection with a systematic unlawful or immoral behavior of the victim. And one more sign: in the part of the article, where the signs of a specific crime are noted, in contrast to Art. 107 with the wording "murder committed in a state of...", in Art. FROM is formulated "deliberate infliction".

First, let us dwell on the discussion of several options for understanding innovation - the content of the concept of "affect". Although this issue was reflected in a special publication, it requires analysis in line with a generalized consideration of legally significant emotional experiences:

A. The affect caused by the unlawful or immoral actions (inaction) of the victim has become legal concept. But in this case, it cannot be used in the short formulation "affect", since then the legal concept will be inadequately identified with the psychological one. We also note that when using identical terms in criminal law and in general psychology, such as "personality", "will", "motive", "goal", "action", "mental attitude", etc., their content differs. . For example, the volitional sign of the subject of a crime in criminal law is not identical to the concept of the psychological manifestation of the subject's will, although it provokes such an understanding in the psychologist. At the same time, when a lawyer and a psychologist operate with the concepts of "suddenly strong emotional excitement" and "affect", they understand that the first is filled with legal significance, and the second is only psychological or, at best, expertological - and confusion does not arise.

B. Affect as Unambiguous psychological And expert the concept is used to strengthen the psychologization of legislation (which leads to a concretization of the phenomenon) and the ultimate narrowing of the legal concept of "suddenly strong mental agitation" to one psychological state. We find confirmation of this in the work of O. D. Sitkovskaya. "Of course, the terminology itself, traditionally used for decades, is not optimal. The concept of "strong emotional excitement" is intended to designate one of the temporary special mental states of the subject, so it must correspond accepted psychological terminology(highlighted by me. -L. A.). The concept used in the Criminal Code of 1960 actually had an evaluative, non-strict character. Adequate here is the use of the concept of affect, as is done in Art. 107 and 113 of the Criminal Code of 1996".

This position in this case does not correspond to the differentiation of legal, expert-psychological and general psychological concepts, but to integration, which can lead to their confusion. Therefore, the criticism of the legal concept of "strong emotional excitement" from a psychological point of view seems to us unjustified. The noted weak characteristics of this concept, which is not specific from a psychological point of view, express the strong side of the legal concept: the vagueness of the type of emotional state, a strict set of features expressing the assessment of the state, etc., which is important for the subject of law and is adequate to its approach, in contrast to the psychological, bearing formal character.

Equating the juridical concept of "suddenly strong emotional excitement" with the psychological concept of "affect" can lead not only to the "blurring" of the categorical apparatus of the three sciences: jurisprudence, psychology, legal psychology. It turns out that an expert opinion on the legal significance of the emotional state in relation to these articles becomes simply redundant, since the expert is "locked" by the legislation within the framework of the concept of "affect".

The problematic of the current situation lies in the fact that in the analyzed articles of the Criminal Code of the Russian Federation such a sign as the commission of a crime

lingering in an emotional state that narrows consciousness does not legally apply either to qualifying signs or to circumstances mitigating punishment. Crimes committed under the influence of such conditions should legally be qualified without alternative as dangerous. Focusing on the affect, the legislators, acting consistently, generally excluded "this emotional state from the list of mitigating circumstances, pointing only to the wrongfulness or immorality of the victim's behavior, which was the reason for the crime" .

Thus, one gets the following impression from the use of psychological knowledge in criminal lawmaking: modern developments and terminology are taken into service, but legal and psychological concepts are not differentiated, systemic knowledge is not used. How does an expert psychologist work V in accordance with Articles 107 and 113 of the new Criminal Code, in order to adequately "understand the tasks and functions of the PSE at the current stage of its development"? One of the approaches can be found in a deeper analysis of the content of the concept of "affect".

C. In forensic psychological literature there is an understanding of affect as a concept that combines strong and deep emotional states. This position has strengths and weaknesses. If we broadly interpret "affect" as a psychological concept, then, in our opinion, we will have to return to the times when it was used in psychology in a generalized and not differentiated way, for example, when representing the structure of the psyche as "intelligence - affect - will". However, if broadly interpreted as forensic psychological expert category, which is characterized by affect has a significant impact on consciousness and behavior, then the meaning of innovation is lost. Such an interpretation is an attempt to return to the version of the articles of the Criminal Code of 1960, when a number of emotional states fell under the concept of "severe mental agitation" or "suddenly aroused strong emotional agitation." F. S. Safuanov writes that in connection with the articles under discussion of the Criminal Code of the Russian Federation, generic expert forensic psychological concept "affect" in relation to its varieties ("physiological affect", "cumulative affect", "emotional excitement or tension", etc.) and intermediate expert concepts described through the general psychological concepts of "affect", "stress", "frustration", "conflict" and, possibly, others.

It should be noted that the broad expert-psychological interpretation of the concept of "affect", which does not coincide with the psychological one, has a deep humanistic meaning. By identifying emotional states with many affective states, arguing that they narrow the mind, the expert helps to avoid judicial errors - after all, crimes committed in a state of sudden strong emotional excitement (affect) are traditionally classified as less dangerous types, and this affects the definition of punishment.

The analysis showed that at the present stage in the psychological and legal context, three concepts of affect have been formed: psychological, legal and expert-psychological (expert-logical), bearing different content. In our opinion, the conceptual apparatus of the former Criminal Code of the RSFSR, when using the concepts of "strong and sudden strong emotional excitement" was adequate both to the tasks of legal proceedings and psychological theory. The idea that affect is the only significant emotional state, reflected in Articles 107 and 113 of the Criminal Code of 1996, excludes (due to its vagueness) the influence of strong emotional excitement (and, therefore, states relevant to it) from the list of extenuating circumstances in general. This phenomenon clearly revealed: the affiliation of legal psychology equally both psychology and jurisprudence - a statement of the desired, but not the actual state of affairs.

5. LEGALLY SIGNIFICANT EMOTIONAL STATES

Continuing the consideration of the problem of the categorical apparatus of legal psychology, let us dwell on the development of new concepts necessary for the practice of legal proceedings.

M. M. Kochenov wrote that for the development of the process of using special psychological knowledge in order to obtain new facts, three conditions are required: the need for the practice of legal proceedings to establish these facts; the presence and sufficiently high level of development of the field of knowledge that is able to establish them; admissibility from the point of view of the procedural legislation of the application in the criminal process of knowledge and methods that make up special knowledge in this area. In our work, these conditions are analyzed in relation to legally significant emotional states.

Our study of legally significant emotional states took place in the 1990s. almost in parallel with the preparation of the new Criminal Code of the Russian Federation. An analysis of the literature has shown that the list of strong and deep emotional states known to psychology looks very impressive; some of them were considered in psi-

Holo-legal context. So, in line with the in-depth study of normal and pathological affects and the state of aggression, researchers turned to the study of the stress state; pointed to the possibility of studying long-term, constantly growing emotional experiences, and specifically - frustration (both in psychological and in a comprehensive forensic psychological and psychiatric examination); anxiety in connection with criminal pathopsychology and criminal psychology; jealousy as a forensic psychological and forensic psychiatric phenomenon; mental state of an underage rape victim, emphasizing the importance of the mental criteria of a helpless state.

All these studies show that the list of emotional states (experiences) significant for law is not limited to affect, not only accused, but also victim. An attempt to create not a list, but a psychological typology of such states was carried out by us based on the typology of critical situations of F. E. Vasilyuk, causing states impossibility implementation by the subject of various types of internal needs own life. The psychological typology included psychological (informational and emotional) stress, affect, acute grief Andanxiety (helplessness) Andhopelessness) as a manifestation of the crisis, the state jealousy Andanxiety as conflict states; different type of state frustrations; and passion. These emotional states affect the self-management of a person and can reach such a depth that they reduce the intellectual and/or volitional capabilities of a person within the normal range. This is confirmed not only by our own long-term forensic psychological expert practice, but also by a generalization of expert experience pointing to some of these conditions. These states were singled out, as it was possible to show their possible characterization as legally significant. But they were defined not as "emotional states" of a particular kind, for example, "a state of tension, arousal, affect, frustration", mentioned so far in the literature, but as a "legally significant emotional state"; this concept was proposed as an expert-psychological one. Let's clarify our position.

The influence of affect, acute grief and anxiety, stress, jealousy, frustration, passion is more manifested as an impact strong, lasting and more importantly deep emotional states deforming the activity of the subject into reactivity, leading to the substitution of emotion for the functional links of self-government and thereby reducing the level of its functioning from rational, conscious to emotional, not fully conscious.

According to our approach, "suddenly strong mental agitation" and "helpless state" as legal concepts can be correlated with crisis emotional states, namely, affects, acute grief and anxiety (helplessness-hopelessness) as psychological states, and "severe mental agitation" - with states of jealousy, anxiety, various types of frustrations, as well as passion. Such states can not only contribute to the onset of an emotional crisis, but they themselves are able to reach a depth that leads to a narrowing of consciousness. They refer to strong emotional excitement, i.e. are characterized not by the force of an explosive nature, which is manifested by vivid expression and subjective suddenness, but by the depth of influence on the functioning of the psyche, leading to its affectation. Exactly depth emotional state is an essential sign of the influence of emotions on the functioning of the psyche. Consequently, the phenomena of strong and suddenly arisen strong emotional excitement do not lose their relevance for legal proceedings.

The list of emotional (i.e. psychological) states that we have established that relate to legally significant emotional states is only approximate and probable - not so much because it can be clarified by subsequent studies, or because it is sometimes difficult to clearly identify its type in practice, how much due to the fact that the legal significance of the emotional state must be established in each specific expert case. None of them, except for affect and, apparently, other crisis states, can be unequivocally called legally significant, since these states can be varying degrees of manifestation. The depth of an affective outburst and other crisis states have the ultimate possibility of constriction of consciousness, beyond which either unconscious mode, or pathological manifestations of the psyche arise (examples are pathological affect and catastrophic frustration). However, only a forensic psychological expert study, using a retrospective analysis of a person's self-government in a particular situation, can prove whether the emotional state he experienced was legally significant, or, more specifically, whether the emotional outburst reached the degree of affect. A "legally relevant emotional state", like "affect", is

concept of the categorical apparatus of legal psychology, but covers the entire list of experiences that are significant for criminal law and known to psychology. It should be noted that not every emotional state as a psychological state can be qualified by expert-psychological experts as legally significant; as well as subsequently may not qualify legally as a strong or sudden onset of strong emotional excitement. These considerations also apply to affect: not every "psychological affect" will be recognized as a "legal affect"; as a psychological one, it can occur, for example, as a result of self-inflating and exaltation.

It is possible to constructively use the concept of "legally significant emotional states" in the context of articles with legal concepts that indicate both the various states of the accused and victims, and critical and emotional situations. In the current Criminal Code of the Russian Federation, jurists, using the concepts of "a state of sudden strong emotional excitement (affect)" (Articles 107, 113), "the helpless state of the victim (victim)" (Articles 105,131, 132), "a state of extreme necessity" ( 14), prescribe to take into account both physical and mental violence. They also note: the inconsistency of psychophysiological qualities with the requirements of extreme conditions or neuropsychic overload (Article 28); a combination of difficult life circumstances (Article 61); the occurrence of a prolonged psycho-traumatic situation (Art. 107, 113); conditions of a psycho-traumatic situation or a state of mental disorder that does not exclude sanity (Article 106); infliction of mental suffering (art. 117); cruel treatment or systematic humiliation of human dignity (art. 110); insult, i.e. humiliation of honor and dignity (Article 130).

Thus, "a legally significant emotional state" as an expert-psychological or forensic-psychological concept does not lose its relevance in the context of the new legislation; on the contrary, it can be used as generic or the most general concept. We assume that, with the exception of Articles 107 and 113, such a state may be characterized by the following features: the presence of intolerable suffering; noticeable or persistent psychophysiological changes; narrowing of consciousness in the mode of experienced emotions.

A legally significant emotional state, established in the context of Articles 107 and 113, must necessarily be characterized by a narrowing of consciousness, which leads to a decrease in the capabilities of a person as a social subject. An important characteristic of such emotional states should be the affectation of self-government, leading to the fact that the state limited the ability of the accused to fully realize the actual nature and social danger of his actions or to control them. The subject of proof for an expert psychologist (not in general, but in accordance with the channel of our analysis) is a number of facts: 1) the presence of an emotional experience that arose subjectively suddenly; 2) a feature of the mental self-government of the subject in the situation under study; 3) the importance of reducing the ability to consciously volitional behavior; 4) the presence of a causal relationship between the first fact and the third.

Using the concept of "legally significant emotional states" it can be proved that legal psychology has something to offer the legislator in order to update the need in their establishment. To do this, it is necessary to show the content of this concept in the analysis of specific cases.

Let us consider excerpts from the forensic psychological expert opinions made in connection with the question of the state of passion of the accused.

1. According to the materials of the case, forty-seven-year-old P. (accused under Article 111 Part 4 of the Criminal Code of the Russian Federation of intentionally causing harm to health, resulting in the death of the victim through negligence) and O. (the victim) have known each other for about 10 years. The conflict under study arose due to the fact that P. could not give O. money in the amount of one thousand rubles in time. O. repeatedly came to P.'s house, demanded money from P.'s wife. P. did not like that O. comes home, worries the family, which had tense relations in connection with material problems, - P.'s business was not going well. He wanted to talk to O. and in the situation under investigation came to him for the second time with the intention of telling him not to go to his house, that he was an adult and would definitely return the money. P. had to wake up O., he was sleeping after the heroin injection. P. shows that the conversation quickly turned to mutual threats and O. spoke to him like a kid, promising to put him on the "counter", to which P. replied that there was no need to engage in nonsense and, considering that the conversation was over, began to leave. O. caught up with him at the gate when P. walked about 10 meters, grabbed him from behind, turned him around in such a way that a sweater was taken off over his head, which slipped over his eyes. P., seeing nothing, began to fall on his right knee; he felt something in his hand (later he suggested that it was apparently a piece of scissors, which he had previously seen at the gate, and now, falling, he grabbed it from the ground) and, straightening up, pushed O. away from him with both hands so that his sweater was in the hands of O. According to P., from the push O. backed away from him. P. was excited (in his life no one touched him with a finger), he did not notice that in the jerk he struck a blow in the heart of O., as he covered himself with a sweater, once again told him that if he came home, his head would be torn off . Irritated and agitated, he immediately left energetically, because. I did not want to aggravate the relationship and always tried to get away from troubles.

So, the situation under study had emotional properties for P., as it offended his personal dignity. At the time of the crime, P. was in a state of emotional arousal, which was different from affect. Affective action occurs according to the scheme "provocation - emotional outburst - actions", i.e. arises

an explosive impulse from within unexpectedly for the person himself and causes his poorly controlled attack on the victim. P. acted according to the scheme "provocation - actions", i.e. made sudden reactive actions, caused from the outside and accompanied by emotional excitement, since they were aimed at protecting against the actions of O. (keeping balance, not seeing, he grabbed something from the ground, after which he pushed O with both hands, as a source of danger from himself ). The fact that P.'s emotional arousal did not reach the degree of affect is indicated, firstly, by the rapid restoration of social and normative self-government, which manifested itself in verbal contact with O. immediately after P. pushed him away from himself, in his ability to evaluate, that he is safe, in the inhibition of physical actions in relation to O. and, secondly, the absence of a stage of psychophysiological exhaustion.

Conclusion. At the time of the crime, P. was in a state of emotional arousal, which was different from affect. P., in emotional arousal, performed sudden reactive actions caused from the outside by the actions of O., his actions were aimed at maintaining balance and protecting against the actions of O.

2. According to the testimony of M. (forty-five-year-old accused under Article 105 part 1 of the Criminal Code of the Russian Federation in the murder of his wife), at the beginning of drinking alcohol on the occasion of the November holiday, N. (the victim) began to insult him as usual. In order not to quarrel with her, he went to the summer house and began to paint the door frame. Soon N. came to the house and began to shout at him and demand money for a birthday present, which would not be soon. When M. began to calm her down, she began to swear obscenely, insult him with slang expressions. M. went up to her when she sat down at the table and began to draw with a knife, like a pen, on the table. He asked her to shut up, leaned towards her, leaned on the table on her elbows, after which, in his words, she spat in his face and laughed, exposing her "fixes", which made the smile turn out to be malicious. M. was hurt: "I followed her, followed her, but for her it was nothing." What happened next, as he explains, happened in a blur, like a slow motion movie: he pulled a knife from her hand and put it to her chest; how it happened that the knife stuck into her, she cannot explain. He remembers how he put the knife, how she immediately put her hand on the knife, how and where she threw the knife after the blow. From the testimony of M.: “I didn’t want to kill N. I just wanted to scare her, I just wanted to hurt her skin. 2 - 3 mm to frighten and punish me for the insult inflicted on me. I did not feel how the blade of the knife entered her body. She still twitched, grabbed my hand with which I was holding the knife. I immediately released the handle of the knife, and N. herself took a knife and pulled it out of her, threw it on the table. She began to yell and swear at me even more. When N. became ill from her injury, M. thought she was faking it. After N. was taken to the hospital, M. began to cry in the kitchen, saying "what he did".

Conclusion. The emotional state in which M. was at the time of the crime is not a physiological affect. M. was in emotional arousal, which significantly affected his consciousness and activity, namely: it contributed to the impulsive-emotional decision to use the knife as an argument in the conflict, which led to the inability to fully regulate muscle tension in the hand with the knife.

3. As follows from the materials of the case, the night before at about 10 p.m. and at 4 a.m. S. (the victim) drank alcohol at home. His stepdaughter, seventeen-year-old N. (accused under Article 113 of the Criminal Code of the Russian Federation), the day before worked in the second half of the day at the station, trading near trains, was with a friend in a restaurant in the evening, spent the night at his work, slept for about 3-4 hours. At 9 o'clock in the morning she came home and drank tea, getting ready to go to sleep. She asked her mother for the money she had earned to buy herself a gold piece of jewelry. Stepfather S. began to insult her, called her a whore, wanted to hit her with a can opener. N.'s mother took him away and said that she had gone to call the police, after which S. caught up with her and knocked her down. When N., in order not to participate in the conflict, went to the bathroom to smoke, S. hit her with his head in the nose, made threats that he would stab both of them. Having smoked, N. wanted to go to her room, S. began waving a knife in front of her face. N.'s mother did not have time to notice how N. drew a knife and stabbed.

As follows from the testimony of N., “my mother and I tried to keep him. I was very worried, I don’t remember how I took the knife from him and how I cut him, I came to my senses when it all happened. I don’t remember how I stabbed because I was very excited, and when I saw blood and a knife on my hand, I cried and knelt down, I told my mother that I did not want to do this, I said that he needed medical attention and call an ambulance. I couldn’t get up from the floor, I tried, but my legs were like cotton wool.”

The emotional state of N. can be identified with affect: it is characterized, firstly, by a pronounced three-phase nature (tensioning, explosion, psychophysiological exhaustion); secondly, the subjective unexpectedness of the emergence of an emotional explosion; thirdly, the narrowing of consciousness (fragmentary perception, amnesia), in which the understanding of reality, awareness of the meaning of one’s actions and their regulation (can’t say how it happened, everything happened instantly) were not fully manifested due to the influence of the emotional state on conscious self-government.

Conclusion. N. at the time of the crime was in a state of passion.

The analyzed cases are examples of the diversity of psychological material, firstly, for the legal qualification of an act with a sudden or affected intent, and secondly, for the study and evaluation of the subjective side of the crime as a whole.

So, a legally significant emotional state is characterized not so much by integrity and originality, depending on its type (stress, anxiety, acute grief, frustration, etc., or emotional stress and arousal), but by its influence on a person, leading to a decrease in her ability to be a subject. social relations. Using the model of modes of functioning of the psyche proposed by F. E. Vasilyuk, one can come to the conclusion that this state arises during the functioning of the psyche, which is dominated not by the mode of awareness, but by the mode of experience.

Thus, a legally significant emotional state is a state that leads to the suffering of the position of the experiencing person, since the manifestation of social subjectivity (subjectivity of the personality) decreases in him, which is expressed in a decrease in the level of reflection and regulation, since the modes of awareness and, moreover, reflection do not function fully. This influence is also expressed by the specifics of the relationship between the functions of reflection and regulation: a violation of the unity of consciousness and activity and / or the integrity of activity. Such a state in its extreme variants manifests itself either in the form of a passive contemplation of a experiencing person, or an excessive

disordered activity, i.e. in the form of an affective explosion, as a "disruption" of the process of conscious self-government; it can manifest itself globally, deforming all links of conscious self-government, i.e. crisis, as well as locally, in the event of a "failure" in any link in the functioning of conscious self-government (one or more).

Thus, an important characteristic of both affect and other legally significant emotional states in the context under consideration is the impossibility of a person (as a social subject) to fully exercise conscious self-government. It occurs with the manifestation of abilities, which we have designated as "subjective abilities of the individual", and in the forensic psychological expert context as "social subjective abilities of legal significance" . This concept is formed when the legal content of the concept of "realization of the actual nature and social danger of one's actions and management of them" is superimposed on the general psychological content of the concept of "ability". As a result, not one, but three abilities are formed: correctly understand reality; be aware of yourself and the meaning of your actions; lead yourself.

Social subjective abilities make it possible to correlate the subject's ability to consciously volitional behavior with various legal criteria contained in the criminal law. The meaningful characterization of these abilities in connection with their importance for both forensic psychological and forensic psychiatric expert research is the subject of a special discussion.

6. POSSIBILITY OF ENRICHING THE GENERAL PSYCHOLOGICAL THEORY WITH RESEARCH IN LEGAL PSYCHOLOGY

The generalization of theoretical data and empirical material in line with the conduct of the SPE provide a basis for understanding the mechanism of emotional regulation as relevant for general psychological theory as well. If emotion replaces rational components in each functional link of self-management, a special type of regulation known to psychology arises - emotional. Apparently, this is exactly how the transition of the functioning of the psyche to the mode of experience occurs, where it is not the subject who shows emotions, but they own him.

Using the model of the main stages of the process of arbitrary self-regulation, one can imagine the participation of emotions in different functional links of self-government at the stages:

1) acceptance by the subject of the purpose of the activity - the experience of the need state;

2) building a subjective model of significant internal and external conditions of activity - an emotional signal and an assessment of one's capabilities, values, payments; and also - an emotional bias in understanding reality up to the replacement of its rational model with a state of experience;

3) the formation of a program of performing actions - the rejection of the goal or the irrational adoption of one of the parameters of the dual goal (to relieve stress, get rid of functional discomfort); and also - in the preconscious decision-making about the energy and dynamics of the action, about the time of its beginning and the actual initiation without prior programming;

4) creating a system of subjective criteria for the success of achieving the goal, which are the sign, strength, duration, depth of emotion;

5) obtaining information about the results - in competition, reflecting the emotional state with a reflection of current and achieved results;

6) the implementation of control and evaluation of the results obtained - the inefficiency of control, since this is a reflexive formation, the possibilities of which are reduced; and also because the standard and the result are not rational enough and the comparison takes place at the level of the operation; often emotional indicators are generally compared both as a goal (standard) and as a result;

7) making a decision to correct the self-regulation system at any level - the absence of a decision to correct it, since the control did not record a discrepancy between the result and the goal: either this discrepancy is not updated as significant, or the subject does not have the opportunity to transfer regulation to the category of volitional regulation.

Analysis of the possibility of participation of emotions in each functional link of self-government is consistent with psychological and psychophysiological studies, in which a wide variety of functions of emotions were distinguished: incentive, signal (evaluative), energy-providing, integrating, trace-forming, anticipating, heuristic, etc. It is worth noting the following fact: the need to separate the functions of monitoring and evaluation and allocation estimates as a separate functional link or stage in the manifestation of mental self-government.

The mechanism of influence of emotion states due to the possibilities of the functioning of the psyche with dominance experience mode: the state reduces the subjectivity of the person, not only

makes interference in the channel of perception, but also slows down mental activity in general, makes it difficult to display a full-fledged arbitrary activity, as well activity with mental activity, those. reflections And will, reducing the manifestation of personality to regressive, reactive (emotional and/or motor) ways. At the same time, the requirements of a "simple" social situation for a person are expressed in the possibility of manifestation by him of consciousness, meaningfulness and arbitrariness of his behavior. If the social situation is "difficult", i.e. critical, reflection and will are required, at a minimum, in order to prevent reactivity from developing, and, as a maximum, reflection, will, creativity - to get out of a difficult (critical) situation.

So, consideration of the features of the interdisciplinary interaction of psychology and criminal law shows that at the present stage, legal psychology, dealing with psychological and legal issues, is entrusted with solving not only practical problems, but also the development of the theoretical and methodological basis for the adequate use of psychological knowledge in legal proceedings and lawmaking. The level of these developments will determine whether legally significant mental phenomena are included or excluded from the field of attention of lawyers, and for an individual involved in legal proceedings, the correctness of legal verdicts concerning him.

1. Legal psychology will not become a full-fledged link between psychology and law, being considered an auxiliary and secondary science for law, if it does not develop theoretical problems in specific scientific and interdisciplinary aspects that are relevant both in law enforcement and law-making activities. The prerequisites for this in forensic psychological expertology are: differentiation of its subject of research, development of its own categorical apparatus, including new concepts necessary for the practice of legal proceedings, the ratio of the content of legal and psychological categories. At present, it is necessary to control the participation and use of psychology in lawmaking, since the following impression is formed from the application of psychological knowledge: modern developments and terminology are adopted, but legal and psychological concepts are not differentiated, systemic knowledge is not used.

2. The methodology for constructing expert psychological concepts is carried out through their specific content when applied to the psychological reality of the legislative context. This is precisely what caused us to introduce the concepts of "legally significant emotional states", "legally significant abilities", emphasizing that legal psychology studies the mental manifestations of a person only in situations with a legal context. The concept of "legally significant ability" is relevant for assessing the legally relevant capabilities of the accused, victims and witnesses. The use of the concept of "legally significant emotional state" can be constructive in the context of twelve articles of the Criminal Code of the Russian Federation, the content of which indicates both the various states of the accused and victims, as well as critical and emotional situations. But in accordance with the various legal criteria contained in the criminal law, such states and abilities can characterize different essential features.

3. The concept of "affect" introduced in the new Criminal Code of the Russian Federation is confusing. In the psychological and legal context, there are currently three concepts of affect that are different in content: psychological, legal and forensic-psychological (expertological). The conceptual apparatus of the former Criminal Code of the RSFSR, when using the concepts of "strong and sudden strong emotional excitement" was more adequate for interdisciplinary correlation. "Suddenly strong emotional excitement" and "helpless state" as legal concepts can be correlated with affects, acute grief and anxiety (helplessness-hopelessness), and "strong emotional excitement" - with states of jealousy, anxiety, various types of frustrations, as well as passion . However, only a forensic psychological expert study, using a retrospective analysis of a person's self-government in a particular situation, can prove the significance of the influence of any experienced state on him, including the achievement of the degree of affect by the experience, i.e. establish whether the experienced emotional state was legally significant. "A legally significant emotional state" is the most generalized concept of the categorical apparatus of forensic psychological expertology.

BIBLIOGRAPHY

1. Alekseeva L.V. Forensic psychological examination of emotional states: Dis. ... cand. psychol. Sciences. M., 1996.

2. Alekseeva L.V. The problem of legally significant emotional states. Tyumen, 1997.

3. Alekseeva L.V. Psychology of emotions and law: applied and fundamental aspects of cooperation // Bulletin of the Tyumen State University. 1999. N 4. S. 120 - 128.

4. Alekseeva L.V. Workshop on forensic psychological examination. Tyumen, 1999.

5. Antonyan Yu. M., Guldan V. V. Criminal pathopsychology. M., 1991.

6. Antonyan Yu. M., Enikeev M. I., Eminov V. E. Psychology of a criminal and investigation of crimes. M., 1996.

7. Vasiliev V. L. Legal psychology. SPb., 2000.

8. Vasilyuk F. E. Psychology of experience. Analysis of overcoming critical situations. M., 1984.

9. Vasilyuk F. E. Levels of construction of experience and methods of psychological science // Questions of psychology. 1988. N 5. S. 27 - 37.

10. Engalychev V. F., Shipshin S. S. Forensic psychological examination. Kaluga-Obninsk-Moscow, 1996.

11. Enikeev M.I. Fundamentals of general and legal psychology. M., 1996.

12. Enikolopov S. N. Some results of the study of aggression // The personality of the offender as an object of psychological research / Ed. A. R. Ratinova. M., 1979. S. 100 - 109.

13. Kalashnik Ya. M. Forensic psychiatry. M., 1961.

14. Commentary on the Criminal Code of the Russian Federation / Ed. Yu. I. Skuratov and V. M. Lebedev. M., 1996.

15. Koneva E. V., Orel V. E. Forensic psychological examination. Yaroslavl, 1998.

16. Konopkin O. A. Psychic self-regulation of voluntary human activity (structural and functional aspect) // Questions of Psychology. 1995. N 1. S. 5 - 12.

17. Konysheva L.P. Forensic psychological examination of the mental state of a minor victim of rape: Dis. ... cand. psychol. Sciences. M., 1988.

18. Kopotev S. L. Workshop on forensic psychology. Izhevsk, 1999.

19. Kochenov M. M. Forensic psychological examination. M., 1977.

20. Kochenov M. M. Theoretical foundations of forensic psychological examination: Dis. ... doc. psychol. Sciences. M., 1991.

21. Kochenov M. M., Melnik V. V., Romanov V. V. Forensic psychological examination in the practice of military justice bodies. M., 1982.

22. Kudryavtsev I. A. Forensic psychological and psychiatric examination. M., 1988.

23. Lebedev V., Demidov V. Decree of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 "On judicial practice in cases of juvenile crimes" // Rossiyskaya Gazeta. March 14, 2000, p. 6.

24. Metelitsa Yu. L., Shishkov S. N. Objects of forensic psychiatric examination // Current state and prospects for the development of new types of forensic examination. M., 1987. S. 143 - 153.

25. Nagaev V.V. Fundamentals of forensic psychological examination. M., 2000.

26. Nor V. T., Kostitsky M. V. Forensic psychological examination in criminal proceedings. Kyiv, 1985.

27. Pechernikova T. P., Guldan V. V. Topical issues of complex psychological and psychiatric examination // Psychol. magazine 1985. N 1. S. 96 - 104.

28. Ratinov A. R. Psychology of the offender's personality. Value-normative approach // The personality of a criminal as an object of psychological research. M., 1979. S. 3 - 33.

29. Ratinov A. R. Forensic psychology as a science // Legal Psychology: Reader / Comp. V. V. Romanov, E. V. Romanova. M., 2000. S. 9 - 32.

30. Romanov V.V. Legal psychology. M., 1998.

32. Safuanov F.S. Forensic psychological examination in criminal proceedings. M., 1998.

33. Safuanov F.S. Affect: forensic psychological expert analysis // Psychological. magazine 2001. N3. pp. 15 - 25.

34. Sitkovskaya O. D. Forensic psychological examination of affect. M., 1983.

35. Sitkovskaya O. D. Psychology of criminal responsibility. M., 1998.

36. Sitkovskaya O. D. Psychological commentary on the Criminal Code of the Russian Federation. M., 1999.

37. Sitkovskaya O. D., Konysheva L. P., Kochenov M. M. New directions of forensic psychological examination. Moscow: Yurlitinform, 2000.

38. Terentiev E. M. Brad of jealousy. M., 1990.

39. Shishkov S. N. The subject of forensic psychiatry // Soviet state and law. 1990. N 11. S. 31 - 38.

40. Shishkov S. N. Is the question to the experts about the discrepancy between the accused and his age lawful? // Legality. 1999. N 9. S. 27 - 30.

RELATIONS OF PSYCHOLOGY AND CRIMINAL LAW IN EXPERT JUDGMENTS

L. V. Alekseeva

Cand. sci. (psychology), associate of the chair of general and social psychology, State University of Tumen

On the example of judicial-psychological expertise there are emphasized the importance of scientific autonomy of juridical psychology (its ability to enrich the theory of general psychology) and adequacy to apply its elaborations in lawmaking. The mechanism of emotional regulaton is proposed and the articles of previous and new criminal codes related to "emotional crimes" are analyzed. There are also considered the relations of juridical, psychological and expert psychological terms such as "strong and sudden emotion", "affect", "emotional state", "emotional state with juridical significance"; the term "ability of juridical significance" is advanced. The conclusion is made that the "emotional state with juridical significance" is the extremely generalized notion of judicial-psychological expertise and it has special sets of essential notes in different law contexts.

key words: psychologically-judicial context, theory of juridical psychology, judicial-psychological expertise, affect, emotional states with juridical significance.

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