Yearly journal of scientific articles “Pravova derzhava” Volume 32 (2021), 41-48 p.
Onishchenko Natalia. Modern reforms: legal component
Introduction: One of the directions of modern legal policy is to form the attention of representatives of all branches of government to any manifestations of legal “ignoring” of legal principles and guidelines; respect for the law as the most effective regulator of public relations; involvement of a wide arsenal of theoretical and practical measures, methods and principles to establish the principle of the rule of law both in legal doctrine and the implementation of its guidelines in practice.
Purpose of the article: the purpose of the article is to emphasize and state the thesis on the decisive role of law in modern reform changes: law-making and law-enforcement.
Conclusions. Having considered some approaches to the study of modern law, we want to state that the phenomenon of legal nihilism (pessimism), ignoring the precepts of law can deepen and deepen the crisis of modern society. Moreover, the possibility of “neglecting the law” leads to social tensions, economic calculations, political instability, the phenomenon of separatism, confrontation of authorities, moral and psychological instability of society. Law as a factor of reform changes must testify to its effectiveness and efficiency. The action of law is a substantive and dynamic side of law, which characterizes the actual implementation of its properties to carry out regulatory (special legal), information-psychological (motivational), educational (ideological, educational) and social impact on participants in social relations. The action is related to the essence and manifestation of the value of law, achieved or not realized the goal of legal regulation in society and the state, the degree of guarantee of human and civil rights and freedoms. The effectiveness of law – is a certain “slice” of law, in some sense, a functional legal system. It reflects the existence of law at different levels: it applies to the individual, social groups, society as a whole. Fixing in its content all those phenomena that determine the processes of expansion of law into social practice, the category of “action of law” includes methodological possibilities.
Consideration of law in terms of its effectiveness highlights the main quality of law – the ability to have a real impact on human activities and behavior, and therefore – to promote progressive change in society, introducing civilized relationships and social partnership. As a scientific concept, “the effectiveness of law” is designed to reflect the law (legal matter) from the standpoint of philosophical categories “possibility” and “reality”. As reflected in the scientific field, law in this sense characterizes the movement of the essence of law.
Today, legal science must use the whole communicative arsenal in modern society to crystallize step-by-step changes in improving social relations (the concept of market change), improving legal development, improving the efficiency of many civil society institutions, structures and institutions. In addition, legal nihilism at all levels is based on the imperfection of the legal awareness system in the context of uncertainty about the development of law in the legal information field.
Effective forms of overcoming, ignoring in the field of theoretical measures are the appropriate level of civic education, morality, appropriate perception of law, as well as practical – implementing measures: reducing corruption, stability, “good quality” social policy, overcoming the effects of the pandemic and more.
Key words: law, modern reforms, legal nihilism, role of law, theoretical and practical measures of legal progress in society.
References
1. Onishchenko N.M. Pravo ta pravova spromozhnist: «suchasnyi kontekst». Pravo u suchasnomu politychnomu zhytti Ukrainy. Naukove vydannia. Kerivnyk avtorskoho kol. A.O. Selivanov Kyiv : Lohos, 2020. [uk]. 2. Onishchenko N.M., Tarakhonych T.I. Pravova systema: vid teorii do prahmatyky. Challenges and prospects for the development of legal systems in Ukraine and EU: countries comparative analysis: Collective monograph. Riga: Baltija Publishing. 2019. Vol. 2. P. 24–42. 3. Lutskyi R.P. Pozytyvne pravo u suchasnykh naukovykh realiiakh: monohrafiia / MON Ukrainy, Ivano-Frankivskyi universytet prava imeni Korolia Danyla Halytskoho. Lviv : SKOLOM, 2016. S. 179–218. [uk].
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