For the first time in the national legal science, the law-governed state in the philosophical and legal dimension of the development of the Ukrainian lawyer of the twentieth century Bogdan Kistiakivskyi was investigated in the dissertation. The point at issue is the legal organization of the people's life-sustaining activity according to the ontological, natural norms that actually ensure the rule of law, since they have real domination, and the system of justice is not violent, but a civilizational one. Such degree of development of the state requires the natural internal imperatives of society, culminating in the con-notation of the people's representation in the government of the state. As a result, an existential dialectic of law comes into existence; it forms the basis for the metaphysical and natural-legal understanding of the organization of government in the law-governed state, as well as really exaggerates the non-material substances, in particular education, science, and natural sciences, which should not be traditionally supplementary, but must have a qualitative effect on material substances.
A sagnificant place is occupied by the philosophy of morality in the law-governed state, it is determined by ontological needs, and it is the natural creation of a legal society. To create a legal society, you should first educate a legal person. To do this, it should be borne in mind that the legal ideas in the perception of people receive a unique coloration and its own tint. Such moral conditions require radical reformist transformations. To a large extent, such transformational changes should relate to the relationship between the state and the person (the individual), the nature of which implies the protection and guarantee of human rights and citizenship. To do this, one needs to study conscientiously the relevant concepts of human rights, rethink them in the context of concrete social economic and political conditions, and then turn to the practical aspects of defining, establishing and guaranteeing the rights of self-determination of the individual, considering the inadequate declaration of the principles of individual and social freedoms, neglected moral obligations.
The realization of the philosophy of the legal aspect of the relationship between the individual and the state in the principles of unity of rights and duties is based on the absence of contradictions between social and personal interests. Such a consensus is possible only in a democratic society, which widest range of aspects of life and life-sustaining activity is provided by well-established legal ordering. The law and order that exist in life do not coincide with the law and order, expressed in legal norms. Therefore, the main attention should be paid to the study of the first, investigating the right as a social phenomenon. This gives grounds for considering it as the only effective system that disciplines the society, organizes and regulates the relations between its members, therefore, the right acts as a kind of technology of social life, designed to streamline it and realize the ideals of the proper one into the social world. To do this, it is necessary to delve into the anthropological dimensions of the law and order, which depend on the totality of individual spiritual qualities of each member of society.
The dissertation is of great practical importance for solving problems of the law-governed state within the limits of philosophical and theoretical and legal sciences.
