Legal awareness of participants in criminal proceedings as a reflection of the Russian legal mentality: unity and differentiation

Abstract

Problem. In the context of active reformation of criminal procedural legislation and growing legal nihilism, the ethico-centric nature of Russian legal consciousness creates a contradiction between law and law enforcement, however, systematic study of its impact on criminal procedural regulation is virtually absent in domestic science. Aim. To identify common and specific features of legal consciousness among authoritative and non-authoritative participants in criminal proceedings and determine the degree of their conditionality by the Russian legal mentality. Methods. Anonymous survey of 200 respondents in the Samara region: 100 empowered and 100 non-empowered participants in criminal proceedings. Statistical data processing on a five-point Likert scale was carried out using Student's t-test for independent samples and Mann– Whitney U-test to verify the significance of intergroup differences (p < 0.05). Results. On the indicator of “priority of moral assessment over formal law,” the average score was 4.6 ± 0.3 for authoritative and 4.7 ± 0.2 for non-authoritative participants (differences are insignificant, p > 0.05). The indicator of “trust in formal procedural guarantees” showed significant differences: 3.1 ± 0.4 for authoritative versus 4.2 ± 0.3 for non-authoritative (p < 0.01). A significant correlation was also found between religious affiliation and propensity for communal solidarity (r = 0.67; p < 0.05). At the same time, general archetypal ideas about law and justice remain dominant for all groups. Conclusions. The unity of value foundations of legal consciousness (ethical priority concept and priority of moral justice) while maintaining group differences in relation to formal institutions confirms the archetypal structure of the Russian legal mentality as a factor integrating the legal consciousness of various social groups.