The dissertation resolves an important scientific issue aimed at the general theoretical analysis of how legal regulation affects the satisfaction of human needs and interests.
The methodological basis for the research is the needs-oriented approach. Given this approach, it is noticed that legal regulation is always aiming for an effective instrument of satisfaction and promotion of these needs and interests.
It is established that term “legal need” was coined in the German classical philosophy (I. Kant). The definition of the notion of “legal need” as the need for proper and effective legal regulation and legal aid is laid down. The subject core of this kind of needs involves the necessity of positive-law phenomena as a means for the satisfaction of biological and societal needs and interests.
The classification of legal needs is carried out according to the following criteria: (1) by the “type” of the needs’ owner (individual, collective, “mixed” (individual-collective)); (2) by the area of human activity (personal, economic, political, cultural, in the field of social protection); (3) by the duration (permanent, temporary); (4) by the satisfaction rate (level) (absolutely and partially satisfied or unsatisfied; well- or badly-satisfied; timely or untimely satisfied); (5) by the branch of law (constitutional, civil, family, administrative, criminal, financial, criminal procedure, civil procedure, etc.); (6) by the legal status of the needs’ owners (legal needs of the nationals, foreigners, stateless persons, persons with disabilities, children, military servants, members of other social groups); (7) by the entity that meets legal needs (such needs which are satisfied by public authorities, local self-government bodies, other authorized entities, natural persons); (8) by the personal engagement in the satisfaction of the legal needs (active, passive).
The quantitative research was conducted to discover the way terms “need”, “interest”, and the same-root words (in Ukrainian) are used in the Constitution of Ukraine and some of its Codes. The identified quantitative indicators show:
(1) aims, in the pursuit of which the legislator applies these terms, namely: (a) to lay down the rights and duties of the parties in legal relations; (b) to lay down the grounds for the human rights limitations; (c) to identify the right-holders; (d) to identify the legal objects; (e) to specify the functions and powers of authorities; (f) to direct (to limit) functions and powers;
(2) group affiliations of the needs and interests enshrined in the Constitution of Ukraine and particular Сodes by the area of human activity and by the number of the needs’ owners.
In a way that is similar to the analysis of statutory acts, the quantitative indicators of the application of terms “need” and “interest” throughout the judgments of the Constitutional Court of Ukraine and particular decisions of the Supreme Court of Ukraine in 2015-2017 are found out.
It is justified that when a conflict of interpretations occurs so that a given provision of law may have a few meanings, the court shall deliver the decision based on analysis of needs and interests met by both contrary interpretations, i.e., applying needs-oriented criteria to the assessment of the social effect of possible interpretations of that provision.
Taking into account that the terms “need” and “interest” are applied only in some provisions of the primary UN instruments in human rights, the attempt is made to find out the minimal quantitative indicators of the needs and interests guaranteed under these acts by the area of human activity and by the “type” of the needs’ owner.
Two forms of “reverse” influence of legal regulation on the satisfaction of human needs and interests are investigated: (a) direct – relating to legal needs (interests); (b) indirect – relating to needs (interests) of other types than legal. The main dimensions of the indirect influence of legal regulation on the satisfaction of human needs (interests) are the following: (1) designatory (objectificative); (2) orientational; (3) instrumental-commensurate; (4) distributive; (5) protective.
It is observed that the satisfaction of legal needs is made complicated by the problems caused by legislative gaps, various types of legal collisions, as well as violations of the legislative technique rules. A significant contribution to overcoming these problems in Ukraine nowadays is made in particular by the Grand Chamber of the Supreme Court. A study of its case law for the period of 2018-2019 revealed cases in which the Grand Chamber filled gaps in the legislation by the analogy of statute and analogy of law; overcame hierarchic, substantive, temporal-substantive, hierarchic-substantive and temporal-hierarchic legal conflicts as well as also partially expressed shortcomings of regulations caused by improper use of specific means of legislative technique.
