Not the right of force, but force it is right (regulatory function of the right of the transformational period)
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In article the problem of functioning and reforming of legal system of Ukraine in the conditions of transformation is considered. The legal customs, traditions, the legislation, jurisdictional bodies work in each country, features of legal culture which acts as one of the main factors of providing in the society of action of precepts of law were created. It is noted that in the conditions of reforming of the state there is a request for fair laws and independent courts for normal functioning of society. The present stage of development of the Ukrainian state and society can be characterized as transformation of which the aspiration to build the constitutional state, civil society and the effective mechanism of legal support of the rights and freedoms of the person and citizen is characteristic. The theory of the law, legal philosophy speaks about the direction of the law for stable functioning of society, providing to people of worthy living conditions. Also ways of achievement of the chosen purpose, among other things – creation of official system of coercion, providing conditions for a private occupation of people when the state becomes the guarantor of observance of the relevant laws are specified. Violating the standard rules of coexistence, people can be exposed to punishments. The relevance of increase in efficiency of legal support of mechanisms of regulation of the public relations by improvement of the legislation of Ukraine increases. In realization of this task the main role is assigned to the state represented by appropriate authorities. At the same time, separate cases of authority misuse by public officials meet that is nothing else as legal nihilism – the phenomenon which has nothing in common with the constitutional state. Formation of legal culture of all participants of society, education of a habit to observe the law has to become a priority. Special attention is paid to reform of court; judges are a justice embodiment in society and have to possess high level of confidence. The legal culture of the population acts as one of the main factors of providing in the society of action of precepts of law interferes with manifestation of asocial behavior. The adopted laws can be from the point of view of law the best, perfect, but if not to carry out them, then in the country there will be a disorder. Before society it is worth – optimizing a common goal the right in three main directions: to prepare and adopt perfect legal laws; to raise the legal culture of citizens, the population in general; to involve all mechanisms of regulation of the public relations where along with the right the morals, religion, etc. have to work.
Authors and Affiliations
Bogdan Andrusishin, Olha Tokarchuk
Keywords
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