The article considers the problem of law-making significance of legal doctrine, its relationship with the national idea and the democratic, social, rule-of-law state. According to the authors, the doctrine is an internally consistent segment of legal science, which not only gives a generally accepted interpretation of legal phenomena in the legal community, but also establishes mandatory for state and public institutions, members of society models of functioning and behavior. Like legal science in general, the doctrine is a set of symbolic forms (texts), which embody the content of the national idea, as a voluntarily chosen goal and a necessary means of progressive development of the country. Responsibilities of both state institutions and individuals. The implementation of the law-making function of the doctrine is carried out, according to the author, in three ways, namely through lawmaking, judicial practice and law enforcement activities of legal practitioners.

Being relatively free from formalities, the product of intellectual activity and to some extent the result of science and creativity, the doctrine serves as a guide to achieving social progress – building a democratic, social, rule-of-law state and civil society.

In this case, as a material result should express not just a general idea or initiative, but a balanced concept or bill. Thanks to the legal doctrine, the law becomes clear, close to the consciousness not only of civil servants, but also of ordinary citizens.

The development of a new legal doctrine of Ukraine implies an objective recognition that there are differences between public and private branches of law because public branches regulate primarily relations related to the possibility of human and civil rights and freedoms, as well as legal relations of political rule in the state and society. In this sense, the doctrinal rethinking of the basic foundations of the constitutional order of the state acquires special significance. Indeed, in modern circumstances, one of the most pressing doctrinal problems of Ukrainian public life is the nature and content of its constitutional order.

The authors concluded that the legal system of modern Ukraine is still in its infancy and new forms of interaction between legal doctrine and the mechanism of the state are currently being formed.

Bibliography

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Newspaper articles

7. Yushchyk O, ‘Natsionalna ideia: shcho tse? (vid utopii do teorii praktyky)’ Holos Ukrainy (6 liutoho 2021) 10–11 (in Ukrainian).