The article clarifies the influence of the religious factor on the formation of the legal ideology of Ukrainian society in modern realities, which often has an ambiguous and contradictory character in the formation of the newest mechanism for the realization of human and citizen rights and freedoms.
Abstract. The relevance of the mentioned issues lies in the analysis of the approaches to the interpretation of legal understanding as a key category of jurisprudence available in the legal doctrine. The nature of professional legal understanding as its separate level (type) is revealed. The peculiarities of the professional legal understanding of practicing lawyers in various legal families of today are outlined.
The article carries out a theoretical and legal study of religious organizations as participants in the discourse of the concept of human rights, clarification of the peculiarities of their perception of human rights in the historical context. It is proved that the contribution of Western and Eastern religious organizations to the development of the concept of human rights is not homologous.
The article defines the impact of value orientations of law on the formation of human behavior through the prism of the main concepts of legal understanding. It has been found that the nature of legal values occurs in several alternative axiological approaches, of which the most well-founded are the objectivist and subjectivist concepts. Thus, the first determines that values exist objectively, that is, regardless of the subject's consciousness, and he only correctly or incorrectly evaluates them and applies them in everyday life.
The article analyzes the doctrinal definitions of "law formation" available in modern scientific discourse and outlines the characteristic features of this phenomenon. Based on the generalization of various approaches to the definition of "law-making", the following characteristics are defined: 1) it is used in various aspects; 2) duration of legal formation; 3) contains both objective and subjective factors; 4) legal norms are formed as a result of law formation. Since law formation is a long process, it can be divided into certain stages.
The article defines the legal imperatives of tolerance of social relations. The problem of tolerance is connected with a number of fundamental philosophical and worldview questions that affect the understanding of man, his identity, civic position, the possibilities and limits of nation- and state-building, the democratization of social life, the dialogue of cultures and civilizations, and the search for a "sophia" discourse of tolerance.
The article indicates that the honor and dignity of a person is an important factor and an integral component of his constitutional rights and freedoms. Starting from antiquity, in many normative legal acts such as Roman law, Digests of Justinian, the legislation of Kievan Rus, and other European states, the desire to protect the rights, honor and dignity of privileged social classes, and later also of free people, through the legislative policy of the state, can be traced.
The article is devoted to the recognition of the impossibility of the disappearance of the phenomenon of religiosity in society and the obvious facts of the influence of religion on the processes of formation and development of law.
An analysis of many historical sources convincingly states that religion itself is in fact a spiritual cradle right.
The article is devoted to the recognition of the impossibility of the disappearance of the phenomenon of religiosity in society and the obvious facts of the influence of religion on the processes of formation and development of law. An analysis of many historical sources convincingly states that religion itself is in fact a spiritual cradle right. It is substantiated that three things are necessary for initiating legal communication: knowledge of law (intellectual element), activity (volitional element), and – without a doubt – consciousness (spiritual element).
Abstract. The article is devoted to the delimitation of the concepts of a group of persons by prior agreement, a group of persons and an organized group. It is proved that a lot of difficulties in legal science are caused by the distinction between a group of persons by prior conspiracy and an organized group. In view of this, we consider it expedient to establish differences between these forms of complicity through the disclosure of the characteristics of a group of persons by prior agreement and an organized group.