Article title Democratic, Social, Rule-of-Law State in the Context of the National Idea of Ukraine
Authors

Doctor of Law, Professor, Academician of the National Academy of Legal Sciences of Ukraine, Honored Lawyer of Ukraine, Deputy Director of the Institute of State and Law. V. M. Koretsky NAS of Ukraine, (Kyiv, Ukraine) ORCID ID: http://orcid.org/0000-0001-7052-3729 O.V.Skrypniuk@gmail.com

 

Candidate of Juridical Sciences, Doctoral Candidate of the Institute of State and Law V. M. Koretsky NAS of Ukraine (Kyiv, Ukraine) ORCID ID:  http://orcid.org/0000-0001-5620-7762 alexander.skrypniuk@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2/2021
Сторінки [52-62]
Annotation

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.

Keywords national idea; legal doctrine; democratic state; rule-of-law state; social state; state mechanism; law enforcement and law enforcement
References

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).

 

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