Короткий опис(реферат):
Із-поміж наявної сукупності методологічних підходів, що маються в арсеналі сучасної
правничої науки, обрано ті, що є найбільш ефективними у процесі пізнання феномена правових
актів як складного і багатоаспектного явища правової дійсності, а також окреслено їхні
гносеологічні можливості з огляду на вирішення визначених дослідницьких завдань.In the preparation of the article, the objective was set from among the available set of
methodological approaches in the arsenal of modern jurisprudence, to choose those that are most effective
in the process of learning the phenomenon of legal acts as a complex and multifaceted phenomenon of legal
reality, as well as to outline their epistemological possibilities with in view of the solution of defined
research tasks. A necessary component of the methodology of the research of legal acts is a set of the
following methodological approaches:
– dialectical one – is based on the following ideas: 1) the general, universal relationship of the
phenomenon we are studying with other phenomena of legal reality, primarily certain types of practical
legal activity, elements of the mechanism of legal regulation of social relations, as well as social relations
themselves, which are the subject of such regulation ; 2) dialectical development, «qualitative» changes in
the content of legal acts and other related phenomena; 3) the presence of contradictions naturally inherent
in legal entities that interact with each other in order to satisfy public and private needs and interests; 4) the
main source of development of legal acts is social (public) and private needs and interests of legal subjects;
it is legal acts that are the legal means that contribute to the satisfaction of such needs and interests, and in
case of need, their protection;
– synergistic one – provides an emphasis on the national legal system of Ukraine as an object of
knowledge, which has features of an open system with non-linear development, capable of selforganization; as well as «parameters of order», which acquires the necessary legal form in the social system;
– anthropological one – allows you to focus attention on such important primary anthropic
properties of a natural person, as his mind and will, because to a large extent it is with them that national
legislation already connects the legal properties of the subjects of administrative legal relations, such as
their legal capacity, capacity to act and delictual capacity. The recognition of a natural or legal person as
legally competent is a necessary prerequisite for entering into legal relations, within the limits of which the
state powers to adopt legal acts are exercised;
– axiological one – provides an emphasis on the informational, instrumental and historical value of
legal acts;
– operational one – allows to focus attention on legal acts of public authority as a result of legal
activity of authorized subjects of management legal relations, mainly public authority bodies, their officials
and officials; as well as acts of direct implementation of legal norms, which are a manifestation and result of lawful behavior of legal subjects as participants in public life;
– hermeneutic one – provides an emphasis on the expression of the will of legally competent
subjects, materialized in the text of legal documents of a general and individual nature.
