Проблеми Законності (Jun 2018)
General-theoretical analysis of legal consciousness as a catalyst for the development of Ukraine's legal system
Abstract
The content of the concept of legal consciousness from the point of view of modern scientific developments on this issue is considered. The article is devoted to the analysis of the interrelations of the legal consciousness and the legal system in the context of the European integration processes in Ukraine. The conclusion is argued: the processes that occur in society inevitably affect the legal consciousness and the development of new branches of law. Further development of the legal system of Ukraine and its acquisition of qualitatively new properties that would contribute to the development of civil society in the state and the establishment of the rule of law are possible only in the context of the development of legal consciousness. The development of the legal system of Ukraine has traditionally been a priority area of modern science research in the theory of state and law. The system of law is the regulatory core of the emerging legal system, based on the legal ideology of a particular state and at the same time serving as the normative basis of behavior in the field of law. The dialectic of the components of legal reality is due to their reflection in human consciousness and the embodiment of this process in other legal phenomena. But at the same time, one should not abstract from the generative role of legal consciousness. A significant factor that raises the theoretical relevance of this topic is that the emphasis on the theoretical level was mostly given to the normative component of the legal system, which somewhat artificially pushed issues related to the development of justice into the background. However, the practice of law-making processes in Ukraine proved the need for special legal research on the relationship between the dynamics of legal consciousness and the development of the legal system as a whole. Realization of legal norms and increase of efficiency of legal regulation necessitate study of all factors that promote normal development of legal life of society and legal relations. One of them is the legal consciousness, since just as the functioning of the legal system is impossible without the subjects of law, and the existence of the subjects themselves can’t be presented separately from the legal consciousness. Quite often, ineffectiveness and ineffectiveness of legal regulation are explained not only by the low level of legal acts in force, but also by the factor in rejecting the legal consciousness of the society of these legal norms or entire legal institutions. Legal consciousness is directly formed in the person himself and in fact with the person himself. She goes along with her path of development; in this context one can draw an analogy with the formation of the individual. And moreover, the person as the basis of the natural and social world, its development, forms the ideas of the legal field, that is, reflects through its legal consciousness the foundations of legal reality around them.
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