Методологічні підходи як необхідна складова методології дослідження правових актів

Abstract

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.