In the thesis, for the first time within the domestic legal science, it is made the general theoretical description of individual legal regulation, its features and types are revealed, as well as the role of individual legal regulation in ensuring the principles of decentralization and strengthening of self-regulation on the stage of modern development of Ukraine, that determines the scientific novelty of the research.
The emphasis is placed on the fact that several factors contribute simultaneously to the growth of the role of individual legal regulation. On the one hand, today the role of the person is put on the foreground, its legal activity increases, as well as self-awareness, the understanding of the value of democratic citizenship is formed, and the individual subjects of law become co-authors of legal regulation, that is its active participants. On the other hand, the active development of the economic autonomy, the growth of the autonomy of the subjects of economic (and business, including) activities, in particular, entails an increasing role of contractual legal regulation, which is a kind of individual regulation of social relations. In general, the constant dynamic development of social relations raises new questions about the relationship between the state and a number of other actors and institutions, the relationship between normative regulation and other techniques and means of regulation. Search for the answers to these questions forces lawyers to expand the horizons, refusing to consider the state as the sole creator of the rules and as well as to consider law as a system of normative rules. However, this does not mean that such an understanding of legal regulation displaces the state, denies its role in regulating social relations or diminishes the role of the normative component in the law. From this point of study, the author follows from the fact that individual regulation is based on a normative one, taking into account the specific situation of life, or the concrete person contributing to its individualization and concretization, and it is carried out by adopting acts of application of the law or conclusion of individual contracts, etc.
In order to explain the statement that individual regulation is based on the normative one, it is carried out the research on existing approaches in the domestic and foreign scientific literature on the definition of the nature and content of regulation of social relations, the main stages of the development of the legal regulation concept in legal science and its current issues, and also defined the role of normative and individual elements in legal regulation .
On the basis of the study of doctrinal approaches to understanding the regulation of social relations with the help of the norms of law, the division of the theory of regulation into the following groups is suggested as follows: the theory of public interest, the theory of private interest, the institutional theory. Given this, it is concluded that modern theories of regulation focus on the need to revise some of the provisions recognized in domestic legal science, concerning in particular next questions: 1) generally accepted in the domestic legal science thesis, according to which the state has a monopoly on legal regulation; 2) regarding the hierarchical nature of state influence - it becomes clear today that the legal influence on social relations is multilevel and comes from different centers of government that act simultaneously or in turn, but not vertically; 3) regarding the perception of legal norms as teams, which in their turn are no longer perceived as the main way of forming behavior – thus the theory of law, being under the significant influence of practice, recognizes the increasing importance of alternative ways of legal regulation.
In particular, it was found that the concept of legal regulation is characterized by the following elements of its structure: the subject of regulation (economic, political, social, cultural relations, etc., which require regulatory influence), the purpose, task and result, to which the actions of the subject of regulatory influence and legal facts that determine the regulatory process are aimed. The author suggests to follow from such an understanding of the regulation of social relations in the disclosure of content of the normative and individual legal regulation .
There are generalized the characteristics of the normative legal regulation (the normativity of the social regulation ): universality (norms are addressed to an uncertain circle of persons, their effect extends to all subjects that enter into the relevant social relations), standardity (social norms come into force each time, when there arises social relations regulated by them and are equal and the same for all), the ability to model social relations, which manifests itself in the design of a particular behavior model that determines a social practice of people and involves a nega
