DOI 10.37749/2308-9636-2020-2(206)-1

Kovalskyi V. S. The theory of law functions. Introduction

The development of the theoretical doctrine of the functions of law is associated with the creation of fundamental scientific knowledge about legal phenomena, processes and events. An important place in this case is occupied by an understanding of the impact of law on public, political, economic processes, civil society institutions, the binding of state power institutions to the norms of law, as well as legal motivation and identification of a person. Scientific knowledge about the state, determination and laws of the functions of law, their functioning in the information and legal space, is formed at the intersection of industry and intersectoral generalizations, the absorption of certain signs, phenomena and processes.

Such knowledge relates, firstly, to the development of a methodology for the analysis of new social and legal phenomena (development of the technology of scientific analysis), and, secondly, they are realized in the context of obtaining and consolidating in the practical plane legal facts, concepts, events (development of legal praxeology).

The scientific and practical problems of the functional purpose of law are related to the issues of management tools based on law, society’s self-preservation, legal security, legal consolidation and professional competence, as well as the development of legal awareness, legal culture and legal mentality of Ukrainian citizens.

A theoretical analysis of the problems of the function of law can be properly carried out in determining the public boundaries of the emergence and change of legal relations, including those combined in protective, regulatory, organizational jurisdictions; at the present stage, such jurisdictions are mainly departmental or sectoral in nature. Among the many legal phenomena that have become the object of functional analysis, such phenomena as the state and quality of the legal system, the quality of legislation, the sequence of legal policy, legal civilization, regulation and control of public relations have recently attracted attention. The conceptual apparatus of legal science has recently increased significantly, although at the same time the methodological circle of concepts and methods of analysis practically remains the same.

Conclusion: the theory of the functions of law makes it possible to determine the objects, objects and methodology of scientific knowledge of law in its functional purpose, integrative interpretation of legal concepts and categories.

Key words: functions of law, influence of law, binding by the right of power, legal identification, expansion of the methodology of scientific analysis, restrictions on human rights, jurisdictions.


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