Hanchuk O. Legal order: valuable and institutional approach

The dissertation deals with the philosophical and legal analysis of legal order within the valuable and instrumental dimension based on sociological, natural and legal, positivist content. Legal order is a qualitative legal status, which is expressed in the functioning of the system of social relations in the specified legal parameters. The essence of legal order is that its content is reflected in two philosophical and legal principles –the existing and the proper. On the one hand, legal order is a phenomenon that exists objectively in reality, which is reflected through the acts of legal behaviour and represented within the framework of the structure of a complex institutional and legal mechanism. On the other hand, legal order is a standard, a sample of the proper, in cases of reflecting the socio-valuable characteristics of its image – it is an achievement of the desired state of social relations as a necessary and only correct socially useful goal. Immanent valuable substantial components of legal order are diverse social needs: moral standards; nonlinearity, synergy of social development; legitimacy of legal regulations, their effectiveness in the implementation and protection of human rights, etc.