Ivanychuk R. Dynamics of legal functions and forms of their implementation in the conditions of transformation of the modern legal system of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103570

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

28-09-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The thesis is devoted to research of modern problems of correlation of functions of law and forms of their realization in the conditions of their dynamic development, the decision of which directly influences transformation of modern legal system of Ukraine that is an important part of modern strategy of law making and state building. The dynamics of the functions of law and forms of their implementation stated in the thesis topic are also the basis for the transformation of the Ukrainian legal system, which needs to be improved to properly respond to the complex multilevel civilizational and socio-legal challenges of modernity. The research finds that important components of the essence and content of legal functions are areas of legal influence, which are considered as a response to the needs of social development, the results of effective legislative policy aimed at the transition from static understanding of legal functions to dynamic, that is from unilateral (command) to the dichotomous (socio-value) nature of law. Therefore, it is advisable to call the functions of law a double definition, such as: an organizational and integration (organizational-integration), an information and communication (information-communication), a social and economic (socio-economic), a cultural and educational (cultural-educational), an axiological and regulatory (regulatory-axiological) function. In this case, one component of the function reflects its stability, the other – the dynamics, variability in accordance with social and legal development. The description of the peculiarities of the classification of law functions allowed to establish that the polyvariety of approaches to the classification of functions of modern Ukrainian law is important to overcome the narrow normative method of understanding the role of these functions, according to which it is necessary to form a fundamental theoretical scheme, and the prevailing conceptual and methodological attitudes in Ukrainian law enforcement in general, as the globalization of law becomes an important factor in the development of both legal life and the science of general theory of state and law, that is strengthening the unity in the diversity of transnational development of law as a social phenomenon, increasingly determined not so much by political functions of national states, but by the common social and political development of modern democracies.

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