The dissertation is devoted to complex and thorough research of theoretical and legal bases of scientific and legal views of P. O. Nedbaylo. The historical scientific and legal contribution of P. O. Nedbaylo into the development of legal thought and legal science in Ukraine is analyzed. The peculiarities of P. O. Nedbaylo views on law and morality are characterized.
The common and distinctive features of these legal categories are singled out, the main periods of P. O. Nedbaylo life and the influence of the circumstances and conditions of that time on the formation of the scientist’s worldview are clarified. Peter Nedbaylo legal opinion on legal norms is determined. The essence of Peter Nedbaylo idea of increasing the role of legal science in the development of legislation is established. The main problems of the theory of state and law in the views of the scientist are determined.
To the distinctive features of legal norms and moral norms, according to P. O. Nedbaylo includes the following: to establish legal norms – a function of the state, while moral norms are established by society itself or by each person personally; legal norms are divided into compulsory and compulsory voluntary, moral norms are always voluntary; legal norms have a sign of clarity and consistency, while moral norms depend on each individual separately; legal norms have normative significance and are a source of law, moral norms are not defined in any normative legal act and are not a source of law, but exist in the consciousness of each person differently; the legal norm is obligatory for performance of all groups of the population in the territory of the state, moral norms depend on the person and on his actions; the state has an apparatus of coercion to ensure the implementation of legal norms, but no one can enforce moral norms, it all depends on herself; legal norms have a well-defined framework, which expresses the rights and responsibilities of the parties to the relationship, moral norms can not be defined within certain limits, but depend solely on the individual and his consciousness.
It is noted that the scientific works of Peter Nedbaylo objectively contributed to overcoming the well-known legal nihilism (education of culture, legal awareness, etc.), strengthening the rule of law, focused on in-depth study of the specific laws of the legal form of regulation of social relations. Among other scientists, he spread the foundations of the domestic theory of legal education, raised the importance of law, constantly focusing on this in his works, which are still relevant today.
Specific proposals and recommendations of the scientist P. O. Nedbaylo given in improving various topics of the theory of state and law, a comparative legal analysis of the legal ideas of the latter with Soviet scholars and modern scholars are defined. In the paper a general theoretical description of the permanent representation of P. O. Nedbaylo of the USSR in the UN Commission on Human Rights in 1958–1971 is presented. A list of problems of international protection of human rights in the works of P. O. Nedbaylo is explored.
The most outstanding achievements of the scientist P. O. Nedbailo in international activities have been identified: 1) he headed the delegation of the Ukrainian SSR at international conferences and scientific seminars on human rights and as part of state, scientific and cultural delegations, and also took part in the work of international organizations, meetings, public-political congresses; 2) was elected chairman and vice-chairman of the UN Commission on Human Rights; 3) was awarded a special gold medal and was honored with the title of laureate of the UN prize «For outstanding achievements in the protection of human rights».
Key words: law, moral, morality, legality, legal consciousness, legal views, P. E. Nedbailo, theory of state and law, legal norms, law enforcement, interpretation of the law, legal acts, protection of human rights.
