The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 081 – the Law. – National University «Odessa Law Academy», Odessa, 2021.
In the dissertation the general theoretical research of dialogue of legal cultures in a cut of the legislative and case law is carried out.
As a result of scientific and technological achievements of the XXI century, humanity is in transition to a new civilization, characterized by the complexity and diversification of social relations. Of particular importance in this context is the willingness of people to accept the attitudes of social (cultural, mental) regulators that contribute to the choice of legitimate patterns of behavior. At the same time, law was and remains the main regulatory system in demand by both the state and society.
Usually, legal awareness and legal culture are perceived as a prerequisite for positive law. Legal culture, especially in societies of a transitional nature, should precede and promote the formation of positive law. Of great importance is the consideration in positive law of the diversity of motives for human behavior. As sociological research and world practice show, in most cases, relations between people are regulated not only by the rule of law. Ways to resolve the issues that arise usually do not contradict the requirements of the law, although many of the participants in this relationship are not aware of the content of legal requirements, even if they assume their existence.
Legal relations are based on the rules of legal law, the participants of which have subjective rights and have legal obligations, and must know them. But rarely does any society manage to achieve such a state of legal literacy of the population, but people choose the right form of behavior, obey the legal requirements. The opposite statement would not be true, because in society there are always more people with lawful behavior, otherwise the rule of law would change under the pressure of society. This proves the existence of a system of values and motivations, which contributes to the optimal regime of social relations.
At the present stage of development of general theoretical jurisprudence, law as a concept is recognized as broader than the rules of conduct contained in laws, and does not always meet the content and essence of the law, and therefore legal culture - not only that formed under the influence of positive law. The rules of conduct enshrined in law function in close cooperation with other social regulators (morality, religion, ethics, etc.). The nature of the relationship of different regulatory systems, which have their own characteristics, is very complex. But all together they form an even greater value, which requires no less careful research.
The main link of legal culture is a developed legal system that provides a worthy place of law in society. In legal science, legal culture is usually considered in a static state. Meanwhile, this approach does not fully reveal many facets of legal culture. In this regard, the study of the dialogue of legal cultures opens up new possibilities.
