This article explores the phenomenon of the legal process in the context of dialectical understanding of law. The study is based on the idea that law is a normative instrument of social governance, while a legal norm is understood as a process of necessity consisting of three moments: conditions (hypothesis), subject (disposition), and legal activity (sanction). On this basis, a distinction arises between the concept of the legal process as the general process through which a legal norm exists, and the concept of the juridical process as the public-authoritative form in which a legal norm is implemented through legal activity. The article critically examines the concept of the mechanism of legal regulation, arguing, that it represents a technical and abstract model, that fails to reflect the procedural nature of law. Instead, juridical process is viewed as an organized public-authoritative process of sanctioning legal norms. This process includes their adoption, entry into force, organizational support, protection, supervision of their implementation and the restoration of legally established order when it has been violated. It is emphasized that sanctioning should not be understood only as the application of sanctions in the law-enforcement sense. Rather, it covers the entire range of public-authoritative activities through which legal norms become effective in social reality. The article also clarifies the relationship between concepts of the legal process and the juridical process, as well as between legal activity and the lawful conduct of participants of legal relations. It is grounded that the juridical process does not include all legally significant behavior. Instead, it refers specifically to the activities of public-authoritative subject aimed at ensuring the operation of legal norms. The lawful conduct of non-authoritative subjects represents the purpose and result of the juridical process, but not its substance. Therefore, the juridical process is defined as the publicauthoritative form through which a legal norm unfolds within the process of social governance.

Authored books

1. Ryndiuk V, Uporyadkuvannya zakonodavstva Ukrayiny: teoretyko-metodolohichnyy ta tekhniko-yurydychnyy aspekty (KNEU 2021) (in Ukrainian).

2. Tepliuk M, Teoretyko-pravovi osnovy vvedennya zakonu v diyu (Parlamentske vyd-vo 2013) (in Ukrainian).

3. Yushchyk O, Pravova reforma: zahalne ponyattya, problemy zdiysnennya v Ukrayini (Parlamentske vyd-vo 1997) (in Ukrainian).

4. Yushchyk O, Teoretychni osnovy zakonodavchoho protsesu (Parlamentske vyd-vo 2004) (in Ukrainian).

Conference papers

5. Yushchyk O, ‘Do ponyattya “pravotvorchist” v yurydychniy nautsi (krytychnyy aspekt)’, Aktualni problemy derzhavotvorennya ta pravozastosuvannya: materialy Vseukr. nauk.-prakt. konf. (Dnipro, 7 dec. 2023) (Dniprop. derzh. un-t vnutr. sprav 2024) (in Ukrainian).

Theses

6. Yushchyk O, ‘Pravova reforma yak sposib peretvorennya (reorhanizatsiyi) instytutiv derzhavy’ (avtoref dys kand yuryd nauk, 1996) (in Ukrainian).