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The topic of this work is moral choice in the activities of law enforcement officers.
The interest and relevance of this work lies in the fact that moral ideals, principles and norms arose from people’s ideas about justice, humanity, goodness, public good, etc. The behavior of people that corresponded to these ideas was declared moral, the opposite - immoral. In other words, what is moral is what people believe is in the interests of society and individuals. What brings the most benefit. Naturally, these ideas changed from century to century, and, moreover, they were different among representatives of different strata and groups. This is also where the specificity of morality among representatives of various professions comes from. All of the above gives grounds to say that morality has a historical, social-class and professional character.
The sphere of activity of morality is wide, but nevertheless the wealth of human relations can be reduced to relationships:
- individual and society;
- individual and collective;
- collective and society;
- team and team;
- person and person;
- person to himself.
The purpose of this work is to consider the ethical and moral aspects of moral choice in the activities of law enforcement officers.
Job objectives:
- Consider the essence and structure of moral choice.
- Study moral conflicts in law enforcement.
- Consider the relationship between goals and means in law enforcement.
- Explore the moral responsibility of law enforcement officers.
Thus, in resolving moral issues, not only collective, but also individual consciousness is competent: the moral authority of someone depends on how correctly he understands the general moral principles and ideals of society and the historical necessity reflected in them.
1. The essence and structure of moral choice.
Morality refers to extra-institutional forms of regulation, while law refers to institutional forms. There are no organizations or institutions that create morality.
Morality regulates human behavior in all spheres of reality: in work, in everyday life, in law enforcement, in science, in family, intra-group and other relationships.
It authorizes and supports certain social foundations, a way of life, or requires their change. Morality regulates the behavior of both the individual and society.
Since the function of regulating behavior is carried out not only with the help of moral requirements, but also legal norms, administrative regulations, technical, social and hygienic rules, etc., moral regulation should be distinguished from any other, and, above all, from legal.
Moral regulation of human behavior differs significantly from legal regulation. So, law is based on the state, but morality? on public opinion and on human feelings, such as feelings of conscience, duty, justice, love, etc.
Morality differs from law in the subject of regulation. Law is addressed to a person as a specific citizen, and morality is addressed to a person as an individual. Personality is a value that does not recognize any physical or political boundaries.
Morality differs from law in its sanctions. Responsibility for violations of norms in law and morality is different. Moral sanctions are more flexible, varied, and appear in the form of not only coercion, but also persuasion, approval by public opinion, and in the form of self-esteem - a satisfied clear conscience or its remorse. The death penalty may be the ultimate punishment in law, but in morality? public and personal condemnation.
This circumstance did not escape the law enforcement agencies and their employees. True, another thing is also true: the difficulties confronting them also highlighted the fact that many of them actually showed their high moral culture, their excellent moral qualities, while others, fulfilling their official duty, unfortunately, sacrificed for the good of the Fatherland the most precious thing is your life.
It often happens that a person who is brought to legal responsibility may not realize the justice of the charges brought against him for the act committed. Responsibility in moral terms is characterized by self-assessment of one’s actions. In this case, remorse, self-flagellation or censure of others is a sufficient form of punishment for an immoral act [4, p.22]. Moreover, having internally realized his guilt, the individual independently takes practical steps to correct his actions, strives to win the recognition of the team and the people around him. A positive form of moral responsibility is not based on condemning illegal behavior, but on stimulating such human actions and deeds that are vital to society and have a significant impact on the course of future events. This form of moral responsibility covers a large area of human actions and is thought of as a creative awareness of one's abilities and capabilities in fulfilling duties. The socio-political and moral content of the position chosen by the individual is important in the manifestation of a positive form of moral responsibility. This enhances the activity of the individual and introduces him to public affairs. A person becomes more deeply aware of his connection with current events and is actively involved in the course of historical creativity. And his responsibility acquires a highly moral meaning, turning into an internal stimulus for activity.
The opportunity and ability to choose, as well as moral duty, is what determines the measure of responsibility. Having received an objective opportunity to act one way or another, a person must act in a certain way - it is her choice that is the condition for resolving the situation. The means by which an individual responds adequately to a situation is making decisions “with knowledge of the matter.” The ability to make moral choice turns out to be the same object of moral responsibility as the desire to resolve the situation of moral choice itself.
A morally free person must always, everywhere, in any situation, regardless of any external pressure, or any danger to himself personally, act only in accordance with his inner convictions, act in accordance with his conscience. And if it is true that internal truthfulness alone does not determine the essence of moral freedom, then it is no less true that without internal honesty moral freedom is generally an empty phrase.
The decisive, determining element of the moral freedom of the subject is his practical moral activity.
Moral choice is one of the overriding moral requirements in the application of goals and means by employees of internal affairs bodies. This is expressed in the fact that, firstly, when coming into contact with various categories of people, the employee must effectively use the means that is morally more justified (for example, a possible study of biographical and personal information about the suspect, carried out independently, with moral point of view is more justified than interrogating his close relatives). It is important to note here that the methods and means of employee activity themselves can be either morally neutral or include elements of coercion and restrictions. Obviously, the first is a moral “evil”. Secondly, the collected arguments for achieving one goal should not destroy the moral character of a higher goal (for example, a decision by a local police inspector not to prosecute this or that person for an administrative offense, made from the consideration of “deciding humanely”, is not consistent with the professional duty of inevitability punishment for what they did). Thirdly, the proportionality of means and ends, when the use of one means is sufficient to achieve the goal and does not require additional means. Unfortunately, in the practice of internal affairs bodies, cases of additional restrictions on individual rights are quite common (replacement of one preventive measure sufficient to achieve the set goal with another, more stringent one), etc.
Hence, the main ethical requirements regulating the selection process itself are: the unshakability of the ideological positions from which he must consider all issues of the fight against crime; intolerance to any violations of the law; implementation of professional duty as a moral imperative (the highest moral requirement); avoidance of formalism, negligence, indifference and haste in decision-making, indifference to the fate of a person.
Rudeness, intemperance, tactlessness cannot be justified by any reference to the “indelicacy” of the area in which the police operate, especially since in reality a significant part of its activity covers the extremely delicate area of human relationships. And in the Russian language dictionary, along with other meanings of the word “delicate,” there is also this: “requiring careful and tactful behavior.”
Who doesn’t know the ancient fairy tale about the crossroads of three roads and a good fellow who, using a stone sign, determines the consequences to which each path option will lead him: “You will go right... you will go left...”
The situation of choice at a crossroads came into the fairy tale from reality. Any person in life is faced with thousands of situations that require him to determine his moral position and translate it into action. Say yes or no. Pass by, or intervene. A person makes decisions guided by duty and conscience, ideas about good and evil, moral and immoral. Choice accompanies a person throughout life and constitutes its peculiarity, both in its attractive power and in its contradictory complexity.
The moral choice of an individual is a side of human activity. An essential feature of any type of human activity is the act of choice: the situation contains several possibilities and is resolved by the preference of one of the options.
The structure of moral choice is specified by its scale - from the choice of a single act to the “meaning of life”, its subject is the group, society as a whole, its object is the choice of ideals and values, lines of behavior and specific means of implementing situational tasks.
In order to create conditions for ethical support of choice, it is necessary to analyze the features of the motivation for choice, the relationship between goals and means, freedom and responsibility in choice, moral regulators (duty, conscience, legality) and expediency in choice. The objective possibility of choice does not mean the social and moral limitlessness of the range of moral choice. The ability to choose is determined by a person’s lifestyle, his place in the system of social relations, and certain systems of moral values enshrined in culture.
2. Moral conflicts in law enforcement.
Let's define the conflict as follows:
Conflict is the understanding, imagination or fear of at least one party that its interests are being violated, infringed or ignored by the other party or parties. The parties are ready to fight to capture, suppress or destroy the interests of rivals in order to satisfy their own interests.
Different systems of values and principles,
Incorrect information, including misinformation, inaccurate information and outdated information,
Unfamiliar information
Information perceived as unreliable due to the beliefs, experience or reputation of the source
Conflicting information
Unpleasant, disturbing information,
Complex information not fully understood
Information overload, i.e. too much information to analyze and assimilate,
Lack of resources
Dissatisfaction of interests,
Fear of dissatisfaction of interests, including survival and disclosure of the truth,
Competition between parties, reaching the point of hostility,
Clashes on a personal level, even between organizations,
Rules,
Stereotypes and common practices,
Habits
Positive Impact:
Strengthening the process of self-awareness,
Forms, strengthens and confirms a certain set of values,
Promotes awareness of the community of the group,
Often leads to the unification of like-minded people, within and between groups,
Often temporarily defuses or pushes other conflicts into the background,
Often sets priorities
Sometimes it plays the role of a safety valve for a safe and even constructive release of emotions,
Often draws attention to grievances and suggestions that need discussion, understanding, recognition, support and legal resolution,
Often leads to work contacts with others,
Stimulates the development of systems for fair conflict resolution.
Negative impact of conflict:
Threatens the stated interests of the parties,
Prevents rapid change
Leads to loss of support
Makes people dependent on their public statements
Leads to hasty actions
It undermines trust
Causes disunity among those who need or strive for unity,
Tends to deepen and widen.
The causes of the conflict may or may not manifest themselves depending on our physical condition. When we are physically tired, we are more prone to conflict. At about 16-18 hours we become inadequate to ourselves: hypersensitive, irritable, react aggressively to something that we would not have paid attention to before, for example at 11 o’clock. The dynamics of the fatigue process are approximately as follows: in the first pre-start phase, when a person comes to work , all its forces are mobilized, the body prepares for work, becomes more active, which is accompanied by a significant waste of energy resources. If this process is delayed for more than 5 minutes, there may be a decrease in tone. Hence, the advisability of morning planning sessions and meetings is questionable.
The second phase is “workability” - the stage of getting into work. At this stage, the nervous system calms down and the person enters an individual mode of operation. This period takes from 10 minutes to 1 hour. During this period, it is advisable to hold morning meetings.
The third phase is stable performance. It is characterized by stabilization of all indicators of the employee’s performance. This is the optimal operating mode, which depends on working conditions and type of activity and ranges from 3 to 6 hours.
The fourth phase is fatigue. It is accompanied by a decrease in performance. As fatigue increases, a person begins to feel a loss of strength, tension, and uncertainty. A number of functions weaken: attention is impaired, thinking processes deteriorate, drowsiness occurs, letters begin to float before the eyes, accuracy and coordination of movements decrease, etc.
The causes of conflict behavior are associated with shortcomings in upbringing, or the circumstances in which this person spent his childhood. This may be either an excess of attention to the child or a lack of it. With an excess of attention, adults note the child’s exclusivity and cripple his personality. In the future, he gets used to being the center of attention, and if there are no necessary advantages for this, then conflict is used. When realizing this need, either any conflict or confrontation for some “truth” is used. If it was possible to provoke a conflict and the steroid was in the spotlight, then it achieved its goal.
In each internal affairs body, as well as in each of its divisions, along with the officially established and obvious organizational structure, an unofficial (otherwise informal) socio-psychological structure is formed and exists, which is based on the patterns of interpersonal communication.
In each internal affairs body, as mentioned earlier, a complex network of relationships of subordination, official dependence, and functional responsibilities of employees is manifested. These relationships represent the official psychological structure of the body, in which the head always acts as the official leader. This structure is easily recognized by the staffing table.
However, the relationship between the employees of the body is by no means reduced to formally signed contracts. In any social system, a system of other interpersonal relationships spontaneously develops, which arise as the inevitable result of more or less long-term communication, based on the personal choice of connections and associations between people. Therefore, in each internal affairs body (unit) there is an informal unofficial socio-psychological structure. To identify it, the use of special methods is required, since it represents often invisible psychological relationships between people (their likes and dislikes, attraction and repulsion, group pressure and conformism.. These relationships form the socio-psychological climate in the team.
The informal socio-psychological structure of any team finds its expression in the emergence of both individual bilateral contacts and entire so-called informal groups. Such informal groups usually unite a small (3-10 people) number of team members who spontaneously established and maintain direct connections with each other for a relatively long time, are united by mutual interest, and recognize or identify themselves as a specific community. Such a group is characterized by a sense of solidarity, mutual trust, common destiny, etc. It gives workers a sense of identification and status that satisfies their social needs and offers group support and protection.
Each group develops in its environment certain norms of behavior, which together create a certain regime within the group, requiring commitment and loyalty of each member, without which its existence is impossible. Therefore, an unofficial group can act as a means of social control, which is manifested in various ways of its influence on the individual: through the inculcation of any social attitudes, life values, stereotypes; through influence on behavioral motivation, etc. Deviation from the norms developed in the group by any member causes the group to respond in the form of contempt, isolation, condemnation, etc.
Heads of internal affairs bodies should pay close attention to identifying and assessing emerging and existing informal groups in their departments and the leaders who lead them. At the same time, it should be remembered that the unofficial psychological structure cannot be identified with the so-called groupism, since, as practice shows, unofficial groups overwhelmingly unite employees who are honest and conscientious.
External causes of intrapersonal conflict can be caused by: I) the position of the individual in the group, 2) the position of the individual in the organization, 3) the position of the individual in society.
External causes of intrapersonal conflict, determined by the position of the individual in the group, can be varied. But their common feature is the impossibility of satisfying any important needs and motives that have deep inner meaning and significance for the individual in a given situation. In the work “Psychology of the Individual and the Group,” in this regard, four types of situations that cause intrapersonal conflict are identified:
1) physical barriers that prevent the satisfaction of our basic needs: a prisoner whose cell does not allow freedom of movement; bad weather preventing harvesting; insufficient income that does not allow the housewife to purchase what she wants; a lowered barrier or sentry that does not allow entry to one place or another;
2) the absence of an object necessary to satisfy the felt need (I want to drink a cup of coffee, but the shops are closed and there is no more coffee left at home);
3) biological limitations (mentally retarded people and people with physical defects, for whom the obstacle is rooted in the body itself);
4) social conditions (the main source of the largest number of our intrapersonal conflicts).
When our need for respect is not understood, when we are deprived of freedom or feel like strangers in our class because of the attitude of some people towards us, we are in a state of frustration. There are many examples of conflict situations of this type in society, since very often groups put pressure on their members, which leads to personal conflicts.
3. Problems of the relationship between goals and means in law enforcement. Moral responsibility.
In law enforcement, resolving the issue of the relationship between goals and means is inextricably linked with the problem of separating morality and law, because this allows one to be freed from moral norms and prohibitions when choosing ways to achieve goals. N. Machiavelli expressed the most clear approach to the problem of the relationship between goals and means in law enforcement. The main thing in law enforcement, according to him, is achieving the goal, even if the methods are unfair and immoral. The end justifies the means - this postulate characterizes Machiavelli's position. All means leading to the achievement of the public good are justified by this goal. In government activities, the winner was always the one who had the nature of a fox. Addressing L. Medici, N. Machiavelli writes: “No matter what means you take possession of the throne, no matter what crimes bring you to your goal, God’s blessing will be upon you.” Machiavellianism has become a symbol of political cunning.
In modern times, a belief is formed according to which fixed goals are achieved by any effective means, and the means used lose significance in the process of justifying the goals. The latter receive priority over funds. However, the means do not lead to the same goal, which can change depending on the set of means. Goals are not realized otherwise than through appropriate means, which thereby gain dangerous independence, turning into goals. The moral neutrality of means turns out to be a dubious assumption.
Indiscriminateness in the choice of means to achieve goals was characteristic not only of feudal rulers. Napoleon said that in law enforcement there are no crimes, only mistakes. Even K. Marx did not avoid doubtful statements on this matter. “In law enforcement for the sake of a certain goal,” he wrote, “you can enter into an alliance even with the devil himself, you just need to be sure that you will draw the devil, and not he you” (Marx K., Engels F. Soch. T. 8 410).
The progress of civilization has not led to a harmonious combination of goals and means in law enforcement. The 20th century showed that the use of progress to link moral goals and immoral means is unacceptable, since, firstly, it is fraught with totalitarian consequences, and secondly, there is no automatic correlation between moral, economic, and political progress. And now political leaders and parties try to justify their goals and actions with references to morality, trying to attract people to achieve their goals.
Law is not omnipotent, morality limits politics, freedom of uncontrolled political action, therefore law strives to free itself from morality.
“Realists” preached the idea that law is immoral by its nature and that moral assessment is inapplicable to this activity. In their opinion, morality manipulates the abstract categories of “good” and “evil,” while law is concerned with the prosperity of the state. Therefore, it must be carried out taking into account the real circumstances under which the action is performed. Law is interested in the results of an action, and not in the moral qualities of the means that led to it. Moral assessment was recognized as initially hostile to political assessment.
Law has an increasing impact on the material and spiritual life of society. In the field of interaction between morality and politics, the leading role in modern society belongs to politics. Morality is formed under the strong influence of politics, which leaves a significant imprint on the nature of the moral views of each class and permeates all their content.
Recognition of the internal impossibility of following moral norms in law enforcement activities is one of the important motives of modern political ideology. It is not without reason that it serves as ideological support for the most reactionary doctrines both in political strategy and in the tactics of the political elite. Where classes are in conflict, the law rejects morality as something beneficial. Moral purity, argues A. Schlessinger, is the realm of saints, and law must be responsible for achieving success.
G. Morgenthau emphasizes that the desire for power is the essence of human existence. It leads to the fact that one person is used as a means for another. Therefore, the comparison of morality and politics is fundamentally incorrect. The idea that moral principles are objective and independent, just like political and economic principles, is also incorrect. Morgenthau proceeds from the fact that the influence of morality can have a disastrous effect on political actions, because a politician defends the interests of the nation.
The place of morality in a number of other concepts is occupied by force. Emphasizing this, K. Marx and F. Engels wrote: “... starting with Machiavelli, Hobbes, Spinoza, Bodin and other thinkers of the New Age, not to mention the earlier ones, force was depicted as the basis of law; thus, the theoretical consideration of politics is freed from morality, and in fact, only the postulate of an independent interpretation of politics was put forward” (Marx K., Engels F. Soch. T. 3. P. 314).
Prominent scientists of the Western world express a negative attitude towards moral values in the sphere of political activity. Thus, R. Aron declares that there can be nothing in common between conscience and law. “If I considered morality, I would stop thinking legally.”
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In accordance with fatalistic position human behavior predetermined by objective circumstances, and therefore the moral choice turns out to be fiction, for a person commits certain actions not as a result of personal decisions, but under the pressure of vital necessity. Relativists They believe that a person is absolutely free in his choice, and no objective circumstances can limit him in this freedom. This position makes the choice completely arbitrary, not taking into account the realities of life, and therefore doomed to error. Objective freedom of choice- this is the presence of behavior options determined by external circumstances. Subjective freedom of choice- the ability to perform actions not under the influence of external coercive force, but under the influence of internal beliefs.
The lack of sufficient information to make a decision can push a person to commit rash actions, when in the name of duty and ideal he does not pay attention to the circumstances and consequences of his actions. This is the type adventurous behavior, often associated with manifestations of individualism, ambition, irresponsibility, and the desire to stand out. Another type of behavior in risky situations is the so-called "Hamletism" when a person refuses to take decisive action for fear of making a mistake.
Choice always means recognition of priority(preference) for one value over another. In some cases, the justification for the choice and the choice itself do not cause difficulties, in others they are associated with an acute struggle of motives. Situations of the second kind are usually called moral conflicts.
2.28.
Moral conflict.
Moral conflict
- this is a clash of moral norms in the individual or social consciousness, associated with a struggle of motives and requiring a moral choice. The peculiarity of a moral conflict is that in the current situation, the choice of any action as adherence to one or another moral norm leads to a violation of another norm.
external And internal conflicts. External conflicts
Interior Allow internal emergence of external.
There are conflicts constructive And destructive.
As a result constructive conflict occurs positive resolution Problems. Destructive does not solve the problem, but aggravates her.
Can classify conflicts and according to them content. This is a manifestation of specific contradictions between what should be and what is in the moral behavior of an individual. Such contradictions include:
- contradictions between knowledge of morality and actual behavior;
- between the goal and the means to achieve it;
- between motives and performance results;
- between social requirements for the moral character of an individual and his actual actions.
Axiom in resolving moral conflicts there is often a provision on priority public interest before private. Unfortunately, in reality this position is sometimes understood and implemented in a very simplified and crude way, when personal interest is opposed to public interest.
2.29. Moral choice in a situation of moral conflict in the activities of security agencies.
A moral conflict is a clash of moral norms in the individual or social consciousness, associated with a struggle of motives and requiring a moral choice. The peculiarity of a moral conflict is that in the current situation, the choice of any action as adherence to one or another moral norm leads to a violation of another norm.
Law enforcement activity, due to the intense confrontation with criminals and the use of specific forces and means, quite often puts employees in situations moral conflict. These conflicts arise in the presence of opposite directions of motives, when the subject has to mentally “weigh” social necessity, expressed in the demands of duty, and personal plans, rationally conscious motives and desires that run counter to them, when hesitation arises between the choice of near and distant goals, when a person the choice between a greater and a lesser evil is disturbing, etc.
Among conflicts of professional significance for law enforcement officers, you should pay attention to external And internal conflicts. External conflicts manifest themselves as acute moral contradictions between people (individual - society, individual - group, individual - individual, group - group, group - society). They express the divergence in the direction of value orientations of individuals, social groups and society.
Interior- discord with oneself. For a person, such a conflict is nothing more than an internal struggle of motives and feelings. The most common are personal conflicts between moral feelings and reason and intellect; between duty and desires, opportunities and aspirations. Allow internal conflict may in some cases be the reason for emergence of external.
Peculiarity The activity of a law enforcement officer is that sometimes he has to work in a criminal environment, hiding his affiliation with government agencies. In these situations, two moral systems simultaneously coexist in a person’s mind - one, which he shares himself, and the other, which is shared by the criminal environment and in accordance with which he must build his behavior in this environment.
In the human mind in such situations, conflicting interactions simultaneously occur. different moral value systems. From this point of view, this conflict can be called internal. However, the specificity of internal conflict is that it is characterized by a struggle between norms, values, and motives recognized by the individual as true. For external Conflict, on the contrary, is characterized by the denial of the correctness of opposing beliefs, views, values, and ideas. An employee working in an alien environment is forced to hide his conflicting attitude towards the system of moral values that dominates in this environment. This situation is caused not by a situation of moral choice (the choice has already been made by the employee), but by the peculiarities of operational work. Therefore, this conflict can be called hidden form of external conflict.
2.30. Moral principles of the relationship between goals and means in the activities of security agencies.
Solution, adopted in a situation of choice, requires for its implementation certain funds achieving the set goals. From this point of view facilities perform intermediate the link between the choice And purpose. This stage of moral choice is presented in the form problems of the relationship between the goal and the means to achieve it
.
Concepts Machiavellianism and the so-called abstract humanism.
Concepts Machiavellianism known as the principle end justifies the means"and proceeds from the fact that the means are conditioned by the goal, subordinate to it, while the goal is independent of the means. The main criterion for choosing means is their efficiency to achieve the goal, the moral side is not taken into account. Therefore, supporters of this concept consider it possible to use any means: violence, deception, cruelty, betrayal, etc., just to achieve their goal. Human - means to achieve the goal, and his conscience - interference on this path, that is why morality becomes unnecessary.
Second concept takes the position that no end justifies the means. Facilities absolutely independent from the target and have independence and their own value: either positive or negative. Thus, representatives of the first direction believe that any violence is justified if it helps to achieve the goal as quickly as possible, while supporters of the nonviolence movement recognize violence as an absolute evil that is not permissible under any circumstances. According to the latter, depending on what the means are, so will the goal: noble means determine a noble goal, immoral means lead to the achievement of an immoral goal. In other words, the basis of this concept lies in the thesis: it is not the end that justifies the means, but, on the contrary, the means determine the end. (Note that the representative of the second concept was Leo Tolstoy).
Naturally, in its extreme forms, an apology for Jesuitism or abstract humanism is relatively rare. Even Machiavelli himself, whose name is associated with the principle “the end justifies the means,” was not a supporter of a complete rejection of taking into account the moral content of the means used to achieve the goal. The most correct, in the case of law enforcement, it is necessary to recognize the position according to which the goal and means are objectively interconnected and are in a state of dialectical interaction.
The means chosen by people are determined by the goal facing them. But at the same time, the reverse influence of means on the goal is not denied; it is recognized that means can distort a noble goal. The means must correspond to the goal. In this correspondence, the goal plays a dominant role. It is she who determines the composition of the means and determines their moral content. criterion
To determine the value of an act or behavior, the following can be recognized: an act, the commission of which entailed less material, physical, moral or other costs, is considered morally permissible than its non-commitment. Moral choice is recognized correct, if there are taken into account all or at least the most significant consequences, which can be foreseen by the person making this choice.
Thus, the choice of means to achieve a goal can be considered correct if the following conditions are met:
- a full study of the expected consequences of achieving the goal and of using each of the available means;
- studying the possibilities of these consequences;
- correlation of the expected consequences of the chosen means with the consequences of using other means or refusing to achieve the goal.
Recognizing a choice as correct does not mean that when it is actually implemented, the expected results are always obtained, which is associated with the presence of chance, as well as with objective circumstances hidden from the person making the choice that can affect the final result. In this case, this person is not subject to responsibility, since his choice of action was made correctly, although due to circumstances beyond his control it turned out to be wrong.
KUPTSOVA O. V., LAVRUSHKINA A. A. CONFLICTS IN LAW ENFORCEMENT AND ETHICAL AND LEGAL BASES FOR THEIR PREVENTION
Annotation. Intrapersonal and interpersonal conflicts are considered, as well as the conflict between an individual and a group, the subjects of which are law enforcement officers. An analysis of legislative norms and ethical codes that serve as the basis for preventing contradictions in the law enforcement sphere is given. The psychological and moral prerequisites for preventing conflicts with the participation of human rights defenders are noted.
Key words: professional ethics, conflict, conflict prevention, law enforcement.
KUPTSOVA O. V., LAVRUSHKINA A. A.
CONFLICTS IN LAW ENFORCEMENT ACTIVITIES AND ETHICAL AND LEGAL GROUNDS OF THEIR PREVENTION
Abstract. The article considers intrapersonal and interpersonal conflicts as well as conflicts between the individual and the group in which law enforcement officials are typically involved. The authors analyze the legislation and codes of ethics as bases of preventing conflicts in law enforcement. The study results into identifying psychological and moral prerequisites for conflict prevention with the participation of human rights defenders.
Keywords: professional ethics, conflict, conflict prevention, law enforcement activities.
Conflict as a clash of interests of individuals, social groups and communities is an integral element of reality. In relation to the law enforcement sphere, it should be considered as a confrontation that arises in the process of the activities of specialized organizations in order to protect the interests, rights and freedoms of man and citizen, and public order in the state. The main task of a lawyer (prosecutor, judge, investigator, etc.) is to eliminate the conflict on the basis of the law.
As a rule, a lawyer acts as a mediator in resolving disputes when carrying out his professional functions in the field of law enforcement. The reasons for the confrontation do not concern the employee himself, his personal interests - he participates only in resolving the conflict, fulfilling his
professional task. However, the main (as a subject, the main participant) participation of a human rights defender in the conflict is also possible.
In science, it is customary to distinguish three types of social confrontations according to the subject covered: intrapersonal, interpersonal conflicts and conflict between an individual and a group.
Intrapersonal conflict directly affects the personality of a law enforcement officer, his inner world, emotions, legal awareness, beliefs, and value orientations. Such a conflict is caused by role inconsistency, when different social statuses of a person are incompatible, when moral principles, personal beliefs and ideals, and the level of legal culture of an employee run counter to the functions he performs. For example, the investigator may be forced to apply a certain coercive measure by fabricating the case in such a way that this measure can be chosen according to the law. In this case, the employee finds himself in a position where actions are acceptable from the point of view of the law, but are contrary to morality. Intrapersonal conflicts are not uncommon in legal practice when defending terrorists, serial killers, rapists and other persons who have committed egregious crimes.
The contradictions that arise in these cases remain only in the employee’s mind, “undermining” him from the inside, sharpening his sense of conscience and justice. Such situations are typical for the law enforcement sphere and are some of its costs. In order to minimize them, it is important for a law enforcement officer to learn to overcome internal confrontation and put professional duty above all else.
Interpersonal conflict is based on the clash of interests of individuals in the process of their social and psychological interaction. The consequences of such a conflict between representatives of law enforcement can be catastrophically dangerous, since in this case it is impossible to coordinate joint actions, perform high-quality teamwork, and hostility towards a colleague provokes illegal behavior and violation of ethical standards, which is unacceptable for a lawyer.
A conflict between an individual and a group occurs when an individual (the subject of law enforcement) goes against the values and rules established in the group. Such a confrontation arises, for example, when an investigator, starting to work on the periphery, intends to be guided by the rules acquired over years of training, but is faced with unspoken “laws” acting in the interests of “local princelings”, and tries to resist them, coming into conflict with colleagues.
The involvement of a law enforcement officer in a conflict (main participation) is a phenomenon undesirable for the state, since it interferes with the proper performance of professional duties by human rights defenders, undermines citizens' trust in law enforcement agencies, and disorganizes the work of law enforcement agencies as a whole. To avoid such phenomena, regulations include provisions aimed at preventing and suppressing conflicting behavior of law enforcement representatives. For example, according to Article 41.9 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation,” an employee is subject to dismissal due to loss of confidence in the event of failure to take measures to prevent and (or) resolve a conflict of interest to which he is a party .
More specific regulations aimed at preventing conflicts in law enforcement are contained in codes of professional ethics. Thus, paragraph 2 of Article 11 of the Code of Professional Ethics for Lawyers stipulates that if a lawyer provides legal assistance to persons with different interests, then in order to prevent a conflict it is necessary to obtain the consent of the parties to the conflict relationship to continue to perform the lawyer’s functions. Paragraph 3 of Article 5 of the Code of Judicial Ethics prohibits a judge from engaging in any activity that will lead to a conflict of interest when his personal interest affects the quality of the functions performed. Articles 8, 9, 17 of the Code also warn the judge against conflicts of interest, and paragraph 4 of Article 10 obliges the judge to avoid conflict situations that damage the authority of the judiciary. Clause 1.4 of the Code of Ethics for Prosecutors of the Russian Federation obliges an employee of the prosecutor's office to avoid conflict situations that damage his honor and dignity, the reputation of the prosecutor's office of the Russian Federation. A similar norm is contained in the Code of Ethics and Official Conduct of Federal Civil Servants of the Investigative Committee of the Russian Federation (see clause 9, clause 26).
Other norms of legislation and codes of professional ethics are also aimed at preventing conflicts. In particular, part 1 of paragraph 1 of Article 7 of the Federal Law of May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation” establishes the obligation of a lawyer to defend the rights and legitimate interests of the client by all means not prohibited by law. Part 1 of paragraph 5 of Article 9 of the Code of Professional Ethics for Lawyers states that a lawyer should not accept orders to provide legal assistance in an amount that is obviously greater than he is able to fulfill. These norms are aimed at preventing conflict in the activities of a lawyer, since conscientious, high-quality, timely
his fulfillment of his function predetermines the client’s satisfaction with his work, which is the key to preventing and avoiding disagreements between the lawyer and the client.
Clause 2.1.7 of the Code of Ethics for Prosecutors of the Russian Federation prescribes the use of official powers in a balanced and humane manner, and clause 2.1.8 of this act prohibits the manifestation of bureaucracy, formalism, arrogance, and disrespect for the legitimate requests and demands of citizens. These norms are designed to prevent psychological tension in the relations of prosecutors with citizens, as well as with other representatives of the law enforcement sphere, thereby preventing employees from becoming involved in a conflict.
Ethical codes establish the professional and moral standard of representatives of the relevant fields of activity. The content of these documents, on the one hand, normatively establishes options for the proper behavior of specialists in the field of law enforcement, on the other hand, it guides employees towards their own regulation of their behavior, acting as a normative ethical and legal basis for proper professional behavior in general and the prevention of conflicts in law enforcement in particular.
By regulating the official and partly off-duty behavior of law enforcement officers, the norms of laws and codes of professional ethics are aimed at preventing conflicting actions in the interests of preserving the personal reputation of the employee, maintaining the authority of the relevant human rights institution and the entire system of the state apparatus.
LITERATURE
1. Zhadan V. N. On methods for resolving certain types of conflicts // Science Time. -2016. - No. 1 (25). - pp. 154-160.
2. On the Prosecutor's Office of the Russian Federation: Federal Law of January 17. 1992 No. 2202-1 (as amended on November 28, 2015) // Gazette of the Congress of People's Deputies of the Russian Federation. Federation and the Supreme Council of Russia. Federation. - 1992. - No. 8. - Art. 366.
3. Code of Professional Ethics for Lawyers: adopted by the first All-Russian Congress of Lawyers on January 31. 2003 (with amendments and additions approved by the Seventh All-Russian Congress of Lawyers on April 22, 2015) [Electronic resource]. - Access from the reference legal system "Garant".
4. Code of Judicial Ethics: approved. VIII All-Russian Congress of Judges on December 19. 2012 [Electronic resource]. - Access mode: http://base.consultant.ru/cons/cgi/online.cgi? ged=yoos; base=LAW;n=195310.
5. Code of ethics for prosecutors of the Russian Federation: approved. Order of the General Prosecutor's Office of the Russian Federation dated March 17, 2010 No. 114 (as amended on April 22, 2011) [Electronic resource]. - Access mode: http://base.consultant.ru/cons/cgi/online.cgi? req=doc;base=LAW;n=115128.
6. Code of ethics and official conduct of federal civil servants of the Investigative Committee of the Russian Federation: approved. Chairman of the Investigative Committee of Russia. Federation Apr 11 2011 [Electronic resource]. -Access mode: http://base.consultant.ru/regbase/cgi/online.cgi? req=doc;base=LAW;n =168636.
7. On advocacy and the legal profession in the Russian Federation: Federal Law of May 31, 2002 No. 63-F3 (as amended on June 2, 2016) // Collection. Russian legislation Federation. - 2002. - No. 23. - Art. 2102.
8. Mikryukov V. A. The burden of a lawyer’s integrity // Lawyer’s practice. - 2015. - No. 2. - P. 48-52.
The purpose and objectives of this work is to study conflict management in the aspect of predicting prevention, stimulation and resolution. However, the presence of contradictions alone is not enough for a conflict to arise. And secondly, for a conflict to arise, someone must take the first step and take the initiative.
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Conflict management and its specific manifestations in law enforcement activities
Introduction
The active development of conflict problems in the social and technical fields of science and practice has led to the emergence of a new, interdisciplinary branch of knowledge - conflictology.
Conflictology includes the study of the emergence, development and functioning of various conflicts: from conflicts in abstract systems to conflicts between social groups and individuals.
A certain place within the framework of conflictology is occupied by the study of conflicts in the activities of employees of internal affairs bodies. In the process of solving and investigating crimes, conflicts are inevitable, since for persons who have committed crimes and fall into the orbit of the interests of law enforcement agencies, one of the ways to avoid or reduce criminal liability is opposition to a police officer, which manifests itself in the form of various conflicts arising as a result of the divergence of interests of these persons, with the professional interests of employees of internal affairs bodies. Practice shows that those who oppose them use a variety of means, including psychological ones, to influence employees. At the same time, law enforcement officials, daily feeling the underestimation of the socio-political significance of their activities, experience not only legal, but also psychological insecurity.
Currently, in legal psychology there are three independent, although interrelated, directions in the study of conflicts in the activities of employees of internal affairs bodies.
Within the framework of the first direction, conflicts in teams of internal affairs bodies are studied and recommendations are developed mainly for heads of internal affairs bodies on resolving and resolving conflicts between subordinates.
The second direction is focused on the development of techniques and methods for resolving conflict situations in the process of solving operational and service tasks by police officers (investigation and detection of crimes, crime prevention, suppression of riots, etc.).
In the third, currently just emerging direction, approaches and recommendations for negotiating with criminals are being developed.
All three areas play a huge role in the activities of police officers, which actually determines the relevance of the topic of this work.
The purpose and objectives of this work is to study conflict management in the aspect of forecasting, prevention, stimulation and resolution.
1 The essence and types of conflicts in the activities of police officers
There is no single generally accepted definition of the concept of “conflict” in the scientific literature. But this phenomenon is quite well known to every police officer, as well as to any person.
Definitions of the concept of “conflict” are often based on the definition proposed by J. Szczepanski, who understands conflict as a collision caused by a contradiction in attitudes, goals and methods of action in relation to a specific object or situation. 1
.
The starting point for analyzing conflicts in the activities of a police officer will be an understanding of conflicts in which conflict is not something exceptional, not a synonym for confrontation, but a way of overcoming contradictions and limitations, a way of interaction of complex systems - an inevitable, normal phenomenon. However, the presence of contradictions alone is not enough for a conflict to arise. First, these contradictions must be significant. And secondly, for a conflict to arise, someone must take the first step, take the initiative. It manifests itself primarily in actions that lead to conflict. But since, in relation to the activities of a police officer, the concept of “collision” is used as a metaphor, it is more accurate to talk about such interaction in which actions take on the nature of reactions.
If we consider the conflict in the activities of a police officer as a way to overcome opposition, and the opposition of interested parties as an obstacle to achieving the goals of criminal proceedings, then it is legitimate to talk about the struggle between the officer and the person opposing him.
Based on this, the following definition of conflict can be accepted as satisfying the practical goals of the activities of a police officer.
Conflict is a psychological confrontation between a police officer and a participant in the case, or another interested party who has goals and interests that are contradictory or incompatible with the goals and professional interests of the employee.
Considering a conflict as a complex interaction of a number of objective and subjective factors, the initial cause of the conflict must be recognized as objective prerequisites that create the potential for a conflict to arise3. This methodological position is reflected in the fact of separation of a conflict situation (or the objective basis of the conflict) and conflict behavior, i.e., ways of interaction between the conflicting parties4. Therefore, the same situation may or may not prompt different people to enter into conflict.
Sometimes a conflict situation is represented through its elements: participants with their divergent goals and the object of the conflict. At the same time, the characteristic features of a conflict situation are the absence of active actions aimed at achieving the goals of the participants and the possibility of its existence long before a direct clash occurs.
In relation to the activities of a police officer, a conflict situation can be defined as an employee’s ideas about an existing contradiction, about himself (his goals, capabilities, etc.), about the “enemy” (his goals, individual and personal characteristics) in specific conditions before the start of the confrontation , as well as what the “enemy’s” idea is of the employee’s ideas.
It is the employee’s ideas, “images, ideal pictures, and not reality itself that are the direct determinant of conflict behavior...” 2
. At the same time, the analysis of a conflict situation is an analysis of a potential conflict when the confrontation has not yet begun.
Ideas about the existing conflict, about oneself and one’s “enemy” are called a “conflict situation.”
Typically, in conflict analysis, four main categorical groups are distinguished: the structure of the conflict, its dynamics, functions and typology.
Let's look briefly at each of them.
Structure of the conflict. In the psychological structure of conflicts in the activities and communication of employees of internal affairs bodies, I. B. Ponomarev identifies the following components.
1. Cognitive components. Mutual perception of the characteristics of each of the conflicting parties; intellectual abilities of information processing and decision making; the degree of involvement of the individual in a conflict situation at various stages of its development; level of self-control of conflict participants; experience working with people and professional preparedness; self-awareness, self-understanding and objectivity in assessing one’s capabilities.
2. The emotional components of a conflict represent the totality of the experiences of its participants.
3. The volitional components of the conflict manifest themselves as a set of efforts aimed at overcoming disagreements and other difficulties arising as a result of the confrontation between the parties, and at achieving the goals pursued by the parties to the conflict.
4. The motivational components of the conflict form its core and characterize the essence of the discrepancy between the positions of the participants in the confrontation.
In addition, it is advisable to include in the structure of the conflict the subject of the conflict, which is understood as everything about which the confrontation arose.
Dynamics of conflict. In the general scheme of conflict dynamics, there are from two to seven stages of its development. Having analyzed modern approaches to this issue, I. B. Ponomarev, in relation to the activities of a police officer, identified seven main stages of conflict development.
1) pre-conflict stage;
2) the stage associated with the emergence of an objective conflict situation;
3) the intellectual stage of development of the conflict;
4) a critical stage in the development of the conflict;
5) a decrease in tension in opposition;
6) comparison of official and unofficial assessments of behavior;
7) resolution of the conflict or withdrawal of one of the parties from it.
Functions of conflict. Usually there are two functions of conflicts: destructive and constructive. When determining the functions of a real conflict, a specific approach is necessary, since the same conflict can be destructive in one respect and constructive in another. Play a negative role at one stage of development, in some specific circumstances, and a positive role at another stage, in another specific situation.
In addition to these functions, in the activities of a police officer, conflict can perform five more functions: signaling, diagnostic, restorative, probing and regulatory.
Typology of conflicts. The typology of conflicts plays not only a methodological, but also a practical role. Currently, there are a large number of different typologies and classifications of conflicts, reflecting different views and positions of the authors.
For the tasks of solving and investigating crimes, the typology of conflicts proposed by M. Deutsch is of interest. This typology is based on the nature of the objective situation of contradiction and the understanding of this situation by the parties.
M. Deutsch identifies six types of conflicts:
1. Genuine conflict.
2. Random or conditional conflict.
3. Displaced conflict.
4. Misattributed conflict.
5. Latent (hidden) conflict.
6. False conflict.
Thus, to understand the essence of conflicts in the activities of a police officer, we have three important concepts.
1. Conflict situation ideas about the existing contradiction, about oneself (one’s goals, capabilities, etc.), about the “enemy” (his goals, individual and personal characteristics) in specific conditions, before the start of the confrontation, as well as about , what is the “enemy’s” perception of the employee’s perceptions.
2. Conflict psychological confrontation between an employee and any other person who has incompatible goals and interests.
3. Situation of conflict employee’s ideas about this confrontation, about himself and his “enemy” in specific conditions and circumstances.
2 Forecasting, preventing and stimulating conflicts
A legal conflict as a confrontation between subjects of law with conflicting legal interests arises when the parties begin to confront, actively confront each other, pursuing their goals. Until this moment we have a conflict situation.
Assessing the situation as a conflict gives grounds and obliges the subjects of prevention to act. It is at this stage of the conflict process that preventive measures should be carried out that affect the conflict situation and the behavior of potential conflict participants: diagnosing a conflict situation, forecasting the development of the conflict, planning preventive actions, their direct implementation, control, etc.
The main directions for the prevention of conflicts that disorganize the team and negatively affect the results of official activities are determined by the simultaneous and parallel solution of issues of maintaining public order and fighting crime in a given region and the tasks facing the heads of internal affairs bodies in forming the right relationships in the team of workers. In insufficiently cohesive teams, managers have to pay more attention to the prevention of conflicts that arise on a personal basis, and not on the basis of mutual demands and improvement of performance. This is due to the fact that in a team with a low level of development, the tasks of joint activities often fade into the background, workers even within the same department or service are not sufficiently oriented towards each other, the problem of compatibility is still far from being resolved, a stable composition, a professional core of the team It hasn't worked out yet. Prevention in these cases is associated with stabilizing the team, taking measures to strengthen the cadre of officers and enlisted personnel.
General conflict prevention measures include:
- improving the organization of management (achieving value-target unity of the team, overcoming negative tendencies entailing functional egocentrism, increasing the level of professional awareness of personnel, the educational value of decisions made by management and other impacts on the management system, improving the criteria for assessing the work of employees, competent placement of personnel, their mobilization to perform official tasks);
- focusing the attention of personnel on the state of the operational situation, maintaining public order, preventing offenses and fighting crime;
- business-like overcoming of logistical difficulties, improving the living and working conditions of the team (rational use of premises, transport and other equipment, resolving issues related to improving housing and living conditions, organizing rest and leisure for employees);
- carrying out educational work taking into account socio-psychological factors: public opinion, mood in the team, cohesion, customs and traditions;
- increasing professional preparedness and skill of workers;
- strengthening the authority of the rank and file and commanding staff of internal affairs bodies among the population.
Special prevention of conflicts with a negative content includes the following as the main measures:
- paying constant attention to phenomena and facts about which the accumulation of disagreements between employees or their individual groups is possible;
- training in the art of communication between managers and subordinates, subordinates among themselves and with citizens (in the process of official and non-official contacts, in oral speech and business correspondence);
- identification of facts of professional deformation of employees (abuse of power, “accusatory bias”, instability in relation to the negative influence of antisocial elements);
- preventing the concentration in certain departments of officials transferred from other services due to their negative characteristics at their previous place of work;
- regulation of relationships among employees between whom conflicts may arise on business or personal grounds 3
.
Thus, we can conclude that targeted influence on the organization’s personnel in order to eliminate the causes that give rise to confrontation and bring the participants in a conflict situation into line with established norms of relationships requires a combination of many methods for effective conflict management.
3 Conflict resolution
Considering the problem of conflict resolution in the activities of a police officer, we consider it necessary to point out the conventionality of the thesis shared by a number of scientists about the possibility of considering the preliminary investigation of crimes as a unique process of conflict resolution.
The conventionality of this approach does not stem from the denial of the presence of conflicts in the activities of a police officer, but from the fact that this statement assumes the obligatory resolution of conflicts that arise. But this is not always the case.
The active use of the phrases “conflict prevention and resolution” creates the illusion of clarity and obviousness of their meaning. With regard to the concept of “conflict prevention,” there is indeed enough level of everyday understanding to understand that we are talking about preventing conflicts. As for the concept of “conflict resolution in the activities of a police officer,” then, in our opinion, it requires special analysis.
The separation of the concepts of “conflict” and “conflict situation” allowed F. M. Borodkin and N. M. Koryak to offer the following general understanding of conflict resolution. The authors believe that conflict resolution, i.e. the end of a conflict confrontation, and not a break, can only occur if the conflict situation changes, a change of which means a change in any of its parameters: the goal, the object of the conflict, opponents (participants, parties), relationship object opponent or opponent opponent 4
.
Let's consider options for resolving the most typical role conflicts in the activities of a police officer. It is quite obvious that the conflict can be considered resolved when the goals of the “enemy” change. But we cannot deny and ignore that the conflict can be resolved if the goals of the police officer change. For example, in the case of newly discovered circumstances that change his ideas about the role of the interrogated.
In role conflicts between an employee and the interrogated object, the right of the police officer to receive information relevant to the crime under investigation most often comes into play. If the interrogated person recognizes this right to receive the necessary information, the conflict will be resolved. We emphasize that we are talking only about role conflicts. Interpersonal conflicts are generally not resolved by obtaining information, since knowledge of the truth can often reinforce rather than resolve interpersonal conflict.
The specific nature of the activities of a police officer excludes, as a rule, the possibility of him refusing the object of a role conflict, since in this case he will not be able to fulfill his professional duties.
The relationship “object of conflict participant in conflict” records, first of all, the degree of significance of the object for each of the parties. In relation to conflicts that arise between an employee and an interrogated person, we can say that the significance of the object for both participants will be maximum with a minimum evidence base and vice versa, the more evidence the employee has at his disposal, the less significant the object will be for the parties. The loss of significance of the object of the conflict for at least one of the participants leads to its resolution.
Changing participants in a role conflict has an ambiguous effect on its resolution. Changing the person being interrogated almost always leads to its resolution. But changing an employee for some reason, as a rule, does not lead to the resolution of the role conflict, since in this case the conflict situation will remain. If in such a situation the existing conflict is resolved, then the conflict was not role-playing, but interpersonal.
In the relationship that develops between a police officer and the person being interrogated, social-role and personal characteristics are intertwined, and one or the other may dominate. In the process of real interaction at the initial stage, the socio-role characteristics of the relationship predominate, determined by the attitudes and social stereotypes of the participants in the conflict, into which their personal characteristics can be introduced. Social-role and personal characteristics that determine the behavior and relationships of interaction participants are not only interconnected, but also actively influence each other.
Some interrogated people intuitively feel this and try to either establish a positive (trusting) relationship with the police officer, or try to transform an existing business conflict into a positional conflict. But police officers, consciously or not, understand that positive interpersonal relationships can influence social-role conflict and lead to its resolution.
An analysis of practice shows that not all conflicts are resolved during the activities of a police officer, and he often has to act in situations of unresolved conflicts, experiencing opposition from those being interrogated and other interested parties. Therefore, we consider it appropriate to talk not only about conflict resolution, but also about the activities of police officers in conflict situations.
Psychological means used by a police officer in conflict situations can be divided into means of analysis and means of activity. At the same time, we distinguish two types of analysis: analysis of a conflict situation, or the initial situation before the start of interaction, and analysis of conflict interaction (conflict situation).
One of the main means of investigator activity is psychological influence.
In relation to the activities of a police officer, psychological influence is understood as the psychological result of the employee organizing joint activities with the interrogated person aimed at establishing the truth in the case, which manifests itself in a change in their psychological characteristics and a restructuring of behavior. We associate the concept of “psychological impact” with the impact on the semantic sphere of the individual, on the needs, motives, goals, attitudes, and semantic formations of the individual.
At the same time, psychological influence, being a means of activity, is itself realized using certain means. These means can be divided into material (material) and psychological. The most important psychological means of implementing influence include the following: instrumental (verbal, non-verbal) and internal (empathy and reflection).
Considering the psychological impact as a result of the interaction process, i.e., as a result not of transmission, but of exchange of information, practically means that the behavior of the interrogated is involved in the arsenal of psychological means of activity of a police officer. In this case, we are talking not only about the simple use, for example, of the emotional states of the interrogated, but about the possibility of understanding his behavior in order to determine his goals in conflict interaction. This allows us to consider instrumental psychological means both as a means of activity and as a means of analyzing and diagnosing the goals of the opposing subject’s behavior in the process of contact interaction. It is the ability of the employee to “see” in the behavior of the interrogated the means of influence he uses on the employee that makes it possible to adequately determine his goals. In other words, psychological means perform two functions: when used to provide psychological influence, they act as means of activity, and when used to understand the person being interrogated, these means act as means of visual diagnostics.
To exert a psychological influence on the interrogated, it is necessary to change his ideas. To do this, the employee needs to transfer certain information to him. And when transmitting information, you need to make sure that these changes have occurred. That is, in the language of cybernetics, it is necessary to receive information for feedback. And this information is contained in agreement, and in objections, and in wordless reactions, and in the absence of any visible reactions. In the latter case, the feedback information indicates that the transmitted information was ineffective.
That is why we consider empathy to be a means of psychological influence - a mechanism of penetration into a person’s inner world with the help of sympathy, empathy, and feeling into it. Developing employees' ability to empathize is one of the ways to humanize relationships in law enforcement practice. But using empathy without reflection can have certain negative consequences, since the main thing in the empathy mechanism is the emotional component, which obscures the rational analysis of the interrogated person’s behavior. Therefore, the empathy mechanism must be used together with the reflection mechanism 5
.
Reflection occupies a special place among the means of implementing psychological influence due to the fact that it performs several functions. Firstly, it is a means of self-knowledge. Secondly, reflection is a means of understanding a communication partner. Thirdly, the phenomenon of reflection underlies the reflexive management of the behavior of the “enemy” in conflict situations.
conclusions
In general, it can be noted that the effectiveness of an employee’s activities depends on the nature of his goals. If it is necessary to establish psychological contact, the goals should be positional, and in a situation of confrontation - only business goals. At the same time, taciturnity in communication at a business level is a manifestation (demonstration) of strength and self-confidence. When communicating about relationships, a sign of strength and confidence is ease and verbosity. When an employee uses verbal means to diagnose the goals of the interrogated, it is recommended to take into account the following trends in his behavior.
1. In a situation of conflict, the interrogated seeks to connect the meaningful part of the information with his own assessment of it. And the conclusions that he tries to impose on the employee are most often unfounded. Therefore, it is important for an employee to be able to separate the meaningful part of the information received from the assessment of it by the person being interrogated.
2. The active actions of the employee seeking to obtain information force the interrogated person to give it. But since in a conflict situation the interests of the person being interrogated contradict the interests of the employee, he cannot (does not want) to give out information that, in his opinion, could bring him harm. This contradiction is often resolved with the help of certain camouflage actions: the interrogated person gives out insignificant information using verbal means as the most important, exaggerating its significance, and tries to convey the most important information for the employee as trivial.
3. In a situation of conflict, it is typical for the interrogated person to give out information that can demobilize and demoralize the employee. He resorts either to threats like “you will answer for this,” or tries to give out information that is unpleasant for the employee, sometimes with provocative notes (“Of course, your zeal is understandable. Your bosses demand you to comply.”), sometimes with demeaning compliments (“Well, how are you?” You, so smart, can’t understand...”, etc.
And finally, it should be noted that any recommendations of this kind inevitably simplify the understanding of the real process of conflict interaction between the employee and the interrogated. The complexity of this process is determined by the interweaving of individually unique combinations of means of influence of the interacting parties.
List of used literature
- Andreev V.I. Conflictology: The art of dispute, negotiation, conflict resolution. M., 2005.
- Andreeva G. M. Social psychology. M., 2004.
- Antsupov A.Ya. Shipilov A.I. Conflictology. - M.: UNITI, 2009.
- Bolshakov A.G., Nesmelova M.Yu. Conflictology of organizations. Tutorial. - M.: MZ Press, 2001. - 182 p.
- Matveev, D. D. Organizational methods for resolving conflicts of interest in the official activities of employees of internal affairs bodies / D. D. Matveev. //Law and law. -2008. - No. 4. - P. 44 45
- Fundamentals of conflictology. Textbook Benefit. Under. ed. IN AND. Kudryavtseva. 2007.
1
Shchepansky J. Elementary concepts of sociology.M. 2009. p. 200.
2
Ponomarev I.B. Conflicts in the activities and communication of employees of internal affairs bodies.M., 2008 P. 2940.
3
Radchenko, V.A. Specifics of educational influence and conflict management among employees of internal affairs bodies / V.A. Radchenko // Humanities and socio-economic sciences. Special issue “Educator Geek”. - No. 4. 2006. P. 140-147
4
Ponomarev I.B. Conflicts in the activities and communication of employees of internal affairs bodies.M., 2008 P. 2940.
5
Oleinik A.N. Fundamentals of conflictology. M., 2002.
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MOSCOW UNIVERSITY OF THE MIA OF RUSSIA
TULA BRANCH
Department of Preliminary Investigation
On professional ethics of police officers
"Moral conflicts in law enforcement"
Completed
2nd year cadet 0-23 groups
police private
A.Sh. Mutalibov
Checked
senior police lieutenant
S.V. Ryazantsev
INTRODUCTION
3. Practical tasks
CONCLUSION
LITERATURE
Applications
INTRODUCTION
The goals facing law enforcement agencies and their employees are determined by the tasks of fighting crime, are socially significant in nature, and have a deeply humanistic content. However, this does not mean that any goal pursued by law enforcement agencies or their employees automatically acquires positive moral content. This content depends on compliance with the law, the level of legal awareness, forms and methods of activity and many other factors. Therefore, in each specific case, it is necessary to re-evaluate the emerging goal each time.
In order for the choice of action to be the most effective from both a practical and moral point of view, a person must know all the options for possible actions in order to then determine among them the best one from his point of view. The specifics of fighting crime introduces some features into the knowledge of choice options, the main one being that employees quite often have to make a moral choice in risk situations, when it is difficult to figure out all possible choices.
The purpose of this essay is to study the problem of moral conflicts in law enforcement, to characterize, classify and find out what measures exist to prevent and eliminate them, using not only educational literature, but also scientific publications on this topic.
1. Nature and types of moral conflicts
The number of definitions of the concept “conflict” is difficult to count: probably, each scientific discipline has its own set of definitions, reflecting the main directions, schools, approaches, points of view. The Great Soviet Encyclopedia defines conflict as “a clash of opposing interests, views, aspirations; a serious disagreement, a sharp dispute leading to a fight.” In the philosophical encyclopedia, conflict means “an extreme case of aggravation of contradictions.” The dictionary of psychology states that “Conflict (from Latin сonflictus - collision) is a collision of opposing goals, interests, positions of opinion or views of opponents or subjects of interaction.” Thus, it can be emphasized that the concept of “conflict” is usually defined through the concepts of “contradiction”, “opposite” Safyanov V.I. Ethics of communication // http://www.hi-edu.ru. .
There are five main types of conflict (see Appendix 1):
· Intrapersonal (the participants in the conflict are not people, but various psychological factors of the inner world of the individual, often seeming or being incompatible: needs, motives, values, feelings, etc.);
· Interpersonal (such conflicts, as a rule, are based on objective reasons. Most often, it is a struggle for limited resources: material resources, production space, time to use equipment, labor, etc.);
· Between an individual and a group (groups establish their own norms of behavior and communication. Each member of such a group must comply with them. The group considers deviation from accepted norms as a negative phenomenon, a conflict arises between the individual and the group);
· Intergroup (For example, between management and performers, between employees of different departments, between informal groups within departments, between the administration and the trade union);
· Social (a situation where the parties (subjects) of interaction pursue some of their own goals that contradict or mutually exclude each other Site http://
www.
lawlist.
people.
ru.).
In addition, conflicts can be classified on other grounds (see Appendix 2). For example:
1. If conflicts contribute to making informed decisions and developing relationships, then they are called functional (constructive). Conflicts that prevent effective interaction and decision making are called dysfunctional (destructive).
2. Conflicts can be hidden or overt, but they are always based on a lack of agreement.
Classifications of conflicts also include the so-called moral or ethical conflict, understood as a clash of moral norms in the individual or social consciousness, associated with a struggle of motives and requiring a moral choice. Professional ethics of law enforcement officers. Textbook / Ed. G.V. Dubova. M., 2004. P. 145., although identifying such a category is a controversial issue. For example, V. Safyanov argues that in the case when we are talking about a conflict in the sphere of moral consciousness, it would be more correct to use the term “conflict of moral consciousness” rather than “moral conflict”, because it is more correct to talk about moral contradictions , since within the framework of moral consciousness itself, norms and values can only be in relations of contradiction. Conflict is a form of conscious confrontation, opposition; norms by themselves, without a person, without his consciousness, cannot fight. These norms and values can collide only in a situation of moral choice, and then there are “victims” in the form of rejected moral values, ideals, norms Safyanov V.I. Ethics of communication // http://www.hi-edu.ru. .
So, is it possible to steal medicine for a dying person? Torture a terrorist to find out the location of a bomb? Or, like Gleb Zheglov, put the evidence in the pocket of a thief who is difficult to catch “by the hand”? These conflicts arise in the presence of opposite directions of motives, when the subject has to mentally “weigh” social necessity, expressed in the demands of duty, and personal plans, rationally conscious motives and desires that run counter to them, when an oscillation arises between greater and lesser evils.
The peculiarity of a moral conflict is that in the current situation, the choice of any action as adherence to one or another moral norm leads to a violation of another norm. The difficulty here lies not so much in the fact that a person cannot not know certain moral norms and therefore is not able to make a choice, nor in the fact that he does not want to fulfill the requirements of morality, but in the need to resolve the clash of these requirements.
An example would be a situation where a law enforcement officer conducting a search at the apartment of a suspect or accused of committing a crime is faced with a dilemma: either to inspect the bed of a sick person who is dying, or, guided by humanitarian considerations, to refuse to do so. The complexity of such situations also lies in the fact that the criminal often adheres to a different system of moral values, and, knowing that moral standards for law enforcement officers have a high degree of imperativeness, he tries to use this to his advantage.
Among the conflicts of professional importance for law enforcement officers, attention should be paid to external and internal conflicts. The resolution of an internal conflict can in some cases be the reason for the emergence of an external one. Thus, a person’s decision to cooperate with law enforcement agencies on a confidential basis may be, for example, the result of resolving an internal conflict between the fear of exposure in the environment in which he has to work, and the awareness of the need for such cooperation in favor of the latter, which can lead to the emergence of an external contradiction between the secret assistant and the environment of his activity (if this environment has the opposite moral orientation) Professional ethics of law enforcement officers. Textbook / Ed. G.V. Dubova. M., 2004. P. 146. .
There are many forms of manifestation of moral conflicts. They are conditioned (see Appendix 3):
· specific features of a particular area of activity,
· specific conditions in which this activity is carried out,
· socio-psychological characteristics of the participants in the conflict and other circumstances.
The development of a conflict leads to its resolution, that is, the choice of a certain action or behavior. Here it is important to help a person determine the correct position underlying the decision he makes. Moreover, this position will be the more durable the more the moral requirements a person is aware of are transformed into his beliefs. This issue is of practical importance for law enforcement. Motivation of belief characterizes the highest type of moral behavior.
An axiom in resolving moral conflicts is often the priority of public interest over private interest. Unfortunately, in reality this provision is understood and implemented in a very simplified and crude manner. A conflict situation is often resolved by simply sacrificing the interests of an individual to the general interest, without noticing that the situation, upon more careful analysis, reveals, perhaps, a somewhat more complex method of resolution, but one in which the realization of the common interest does not require any then victims from the individual.
The subordination of the personal to the public is an extreme, although quite common, option for resolving those situations in which there is no other way out. For an optimal way out of a conflict situation, it is necessary not only the willingness of the individual to sacrifice his own interests, but also the efforts of society to satisfy the interests of the individual. Only in such a counter-movement from the individual to society and from society to the individual is the correct moral choice possible. Professional ethics of law enforcement officers. Textbook / Ed. A.V. Opalev and G.V. Dubova. M., 1997. P. 147. .
2. Prevention and resolution of moral conflicts in work teams. Ethical standards of conduct for a police officer in a conflict situation
It is very important to determine the causes of the conflict, since knowing them (the causes), it is easier to take specific measures to prevent the destructive consequences of the conflict, which in turn can be irreversible and even lead to tragic consequences.
If we try to consider the causes of conflicts that arise in the work team, then we could conditionally present them in the form of three main groups of causes (see Appendix 4):
· reasons generated by the characteristics of the service.
· these are reasons caused by the psychological characteristics of human relationships.
· reasons rooted in the personal identity of the members of the Psychology team. Pedagogy. Ethics: Textbook for universities. 2nd ed., rev. and additional / Ed. Naumkina Yu.V. M., 2002. P. 187. .
The first group of reasons, generated by the characteristics of the service, is the main source of conflict situations for many teams. The main factors of the first group of reasons include:
b) transfer of problems, the solution of which should go vertically, to the horizontal level of relations. That is, problems whose solution depends on the manager can cause conflict between ordinary employees;
c) failure to fulfill functional responsibilities in the “leadership-subordination” system. This factor may be due to the improper performance of their duties by subordinates or the inability of the manager to provide subordinates with the conditions for their successful activities.
In addition, conflicts that arise during service are often generated by the inconsistency of the actions of the employee accepted in his team with the norms and life values of the employee. This also includes role inconsistencies in the “manager - subordinates” system when, for example, there is a discrepancy between the expectations common in the team regarding the behavior of people occupying certain leadership positions with their actual actions.
The second group of causes of interpersonal conflict are those caused by the psychological characteristics of human relationships. The most typical example of this kind of features is the mutual likes and dislikes of people, leading to their compatibility and incompatibility.
There are several other causes of conflict similar to the above:
a) an unfavorable psychological atmosphere in the team (it can be caused by the formation of “opposing” groupings of employees, associated with cultural, aesthetic, religious and other differences between people, incorrect actions of the manager, etc.);
b) poor psychological communication, which occurs when employees are unwilling to understand and take into account each other’s intentions and states, and take into account the needs of other people;
Factors rooted in the personal identity of team members include possible personal characteristics that can lead to a conflict situation. Inability to control one’s emotional state, low level of self-esteem, aggressiveness, increased anxiety, lack of communication, excessive adherence to principles.
At the same time, factors that aggravate the conflict situation may include personal crises, which can be “planned”, or age-related and “unplanned”, associated with various shocks, such as divorce, death of a loved one, etc.
As already noted, knowing these reasons, it will be much easier to prevent moral conflicts in work teams. In this case, the manager will play a special role in this.
It is quite important for team members to adhere to etiquette standards in their daily activities. Etiquette is a unique form of moral and psychological compromise, within the framework of which moral contradictions and conflicts can be resolved, within the framework of which a person can non-violently realize his moral needs and interests. That is why etiquette is filled with moral content in the process of communication itself.
Just as legal norms bring order to the regulation of social relations, etiquette norms bring a certain order and discipline to communication. Etiquette introduces a certain official character into communication: it calls for being attentive and sensitive, showing attention and respect to elders, and being especially considerate towards women.
Compliance with etiquette norms can also be a form of non-violent protest against infringement of dignity, against familiarity, against familiarity. If an employee offers unregulated, friendly communication to his manager, then the latter has the right to refuse this and protect himself from further attempts in this direction by etiquette norms. There are cases when it is enough for a person to simply strictly follow the norms and rules of etiquette, so that interpersonal contradictions not only do not escalate further, but are also gradually erased, forgotten and old grievances come to naught Safyanov V.I. Ethics of communication // http://www.hi-edu.ru. .
There are certain initial foundations, principles of communication ethics, which can be defined as principles on which the behavior of law enforcement officers in a conflict situation should be based. Among these principles we can name, first of all, the following:
1 - the principle of the presumption of decency of every person;
2 - the principle of preserving sovereignty and inviolability of personal dignity;
3 - the principle of tolerance and altruism;
4 - the principle of mercy;
5 - the principle of justice and nobility Smotritsky E.Yu. Moral conflict: causes and forms, ways to prevent and overcome // http://zhurnal.lib.ru/. .
The principle of the presumption of decency (by analogy with the legal principle of the presumption of innocence) presupposes treating even a complete stranger as decent, worthy of respect, regardless of any of his social and anthropological qualities. If, for example, a person is poorly dressed or has a haircut, if he works simply as a watchman or a janitor, etc., then this absolutely cannot mean that one can treat this person arrogantly, communicate “from above”, infringe on his human dignity, humiliate him. and insult.
The principle of preserving sovereignty and the inviolability of human dignity is closely related to the previous one and is essentially its logical continuation. Dignity as a person’s awareness of the intrinsic value of his own “I”, his rights (to life, to happiness, to freedom...) and moral duties (to be a noble person, not to humiliate others, to help the weak, not to lie, to keep his word...) is the value of communication that is not at all difficult to break, but very difficult to keep intact. This, at first glance, abstract attitude is realized in concrete actions, judgments, assessments, and statements, which must be as tactful and correct as possible.
The principle of tolerance is associated with all of the above principles; adherence to it is a kind of guarantee that ensures their implementation: it is intolerance that can be the beginning of the destruction of humanistic values and ethical norms. Tolerance is most closely related to altruism and is based on it: if a person does not suppress selfish tendencies, then it is very, very difficult to be tolerant. Tolerance is needed, as a rule, at the moment when a counterbalance, compensation for someone’s egoistic needs is required.
Nobility in communication is manifested not only by the sublimity of motives, but also by tact, delicacy, and modesty.
· Firstly, do not demonstrate your superiority, even when it is obvious, do not act out or advertise the role of the winner (this requirement is mandatory, for example, in Japan),
· secondly, to recognize that people all have equal rights and the difference between them is that they commit different actions, which are very, very difficult to judge from the outside fairly.
The principle of mercy is expressed in recognizing a person as he is, in compassion for him if he has any difficulties, difficulties, or obstacles. Compassion is based, first of all, on merciful love for one's neighbor. Compassion from under the stick is impossible; it is determined by the foundations of morality, which is associated, first of all, with freedom of choice.
It should be noted that a law enforcement officer, when making a decision when he has to be guided by moral norms, must understand that there are two types of such norms (see Appendix 6):
· The norm-ideal, on the totality of which all classical ethics and all simple principles of morality are based, including in everyday, commonly used forms (for example, “don’t steal,” “don’t lie,” etc.). norms and ideals are, as it were, the pinnacle of moral aspirations, the ideal goal of moral education, guidelines for moral choice in ordinary situations.
· Norm-measure, that is, a norm commensurate with the specific conditions and possibilities of the real situation in which the employee performs a job task and which shows the lower limit, beyond which the decision made becomes clearly immoral, no matter how social or official expediency it is justified.
This norm is determined by the following criteria:
1. Least damage;
2. The most favorable moral consequences;
3. Respect for the interests of the largest circle of people;
4. Compliance with the principle of reasonable sufficiency of the means used. Professional ethics of law enforcement officers. Textbook / Ed. A.V. Opalev and G.V. Dubova. M., 1997. P. 158.
Since, due to the specific nature of his work, a law enforcement officer often has to work in conditions close to the lower limit of the norm-measure, he should constantly cultivate the ability of moral thinking, moral analysis of the situation so that in every atypical case, when there are no given stereotypes of behavior , determine the compliance of their actions with the above criteria, so that they remain within the boundaries of moral admissibility. This ability, in other words, the moral culture, moral education of an employee should be his professional quality, allowing him to carry out his activities in such a way that professional interest in it does not lose moral guidelines, does not go beyond humanistic values, corresponds to the public moral ideal, but at the same time, he would not have been infringed for the sake of abstract, especially falsely understood, moral values and norms.
3. Practical tasks
Justify what falls within the scope of professional ethics:
1) control over the performance by people of their professional duties.
2) moral standards governing a person’s attitude to his professional responsibilities.
3) relationships between people in the process of work.
Professional ethics is a field of ethical science that studies the system of moral norms and principles that operate in the specific conditions of relationships between people in a particular profession; this is a specific effect of both general ethical norms and special norms of professional morality, which are analytical and recommendatory in nature, arising and existing in this professional group Professional ethics of law enforcement officers. Textbook / Ed. G.V. Dubova. M., 2004. P. 15. .
Based on this definition, we can say that the sphere of professional ethics includes moral norms that regulate a person’s attitude towards his professional duties and the relationships between people in the process of work. Let's look at each example separately.
1. Moral standards governing a person’s attitude to his professional responsibilities. These norms operate in specific conditions, which are determined precisely by the characteristics of professional activity. They are practically the same for different professions; only the degree of significance of a particular norm when performing specific professional functions changes. If we turn to law enforcement officers, then an example of such norms can be: hard work, frugality, a sense of professional pride, initiative, perseverance, diligence, discipline and much more.
2. Relationships between people in the process of work. An obligatory element of any social system is a collective that performs specific, socially significant functions assigned only to it in this structure to achieve its goals. Relationships in a team largely influence the quality of work of each individual employee, therefore the issue of relationships between people within teams is one of the most important issues of professional ethics. A favorable moral climate in a team is one of the most essential conditions that determine its high ability to work and stability.
CONCLUSION
The concept of “conflict” is usually defined through the concepts of “contradiction”, “opposite”; there are several classifications and, accordingly, several types of conflicts, one of which is moral or ethical conflict. The peculiarity of a moral conflict is that in the current situation, the choice of any action as adherence to one or another moral norm leads to a violation of another norm.
For an optimal way out of a conflict situation, it is necessary not only the willingness of the individual to sacrifice his own interests, but also the efforts of society to satisfy the interests of the individual.
The scientific literature identifies a number of principles on which the behavior of law enforcement officers in a conflict situation should be based. These are principles such as: nobility, tolerance, mercy, etc.
There are two types of such moral norms. These are norms-ideals, which are, as it were, the pinnacle of moral aspirations, the ideal goal of moral education and a norm-measure commensurate with the specific conditions of the situation in which the employee performs an official task and which shows the lower limit, beyond which the decision made becomes clearly immoral.
Due to the specific nature of his or her job, a law enforcement officer should constantly cultivate the ability of moral thinking, moral analysis of the situation in order to determine in each atypical case, when there are no given stereotypes of behavior, the compliance of his actions with the above criteria, so that they remain within the boundaries moral permissibility.
LITERATURE
2. Code of Professional Ethics for Employees of Internal Affairs Bodies of the Russian Federation dated December 24, 2008.
3. Professional ethics of law enforcement officers. Textbook / Ed. G.V. Dubova. M., 2004.
4. Professional ethics of law enforcement officers. Textbook / Ed. A.V. Opalev and G.V. Dubova. M., 1997.
5. Psychology. Pedagogy. Ethics: Textbook for universities. 2nd ed., rev. and additional / Ed. Naumkina Yu.V. M., 2002.
6. Website http://www.hi-edu.ru.
7. Website http://
www.
lawlist.
people.
ru.
8. Safyanov V.I. Ethics of communication // http://www.hi-edu.ru.
9. Smotritsky E.Yu. Moral conflict: causes and forms, ways to prevent and overcome // http://zhurnal.lib.ru/.
10. Shcheglov A.V. Professional ethics of employees of internal affairs bodies: A course of lectures. Part 2. M.: YuI MIA of Russia, 1999.
Annex 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Principles on which the behavior of law enforcement officers in a conflict situation should be based.
Appendix 6
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