In terms of competitiveness of the domestic proceedings and the ambiguous approach of the theory of the judicial process and the legislator to judge procedural manifestations of activity in court cases urgent problem of the judge's discretion in the preparation for the trial, in a case in court, the reopening of the case in view of new or newly discovered facts.
The article is dedicated to the study of the content of the notion of consciousness due to modern scientific portfolios.
The author found that scientists have not come to a single common definition of legal consciousness. Consistently the new aspects of legal consciousness appear. Also analysis performed of the mental states of consciousness. In the conclusion the author formulated his own scientific position regarding the notion of legal consciousness, including the position that legal consciousness can be an ideological source of law.
The article investigates the features of formation of the populist philosophy of law and the philosophical and legal ideas in Ukraine. The article analyzes the development of philosophical thought in the context of European philosophical and legal culture and the roots of its own formation. The basic ideas of the relationship between the position of human rights with notions of
power and state in philosophical and legal concepts Ukrainian populists, their views on natural law.
The article is devoted to problems of science theory of state and law at the modern stage of development of legal reality. Listed on the duality of manifestations of legal phenomena in innovative and classic form and the necessity of transformation of the methodology of theory of state and law in this regard. Dedicated modern problems of theory of state and law.
General theoretical principles regarding the understanding of the essence of freedom
are analyzed. The notion and meaning of freedom are outlined. Certain types of freedom are
characterized. A connection between freedom and law has been identified. The correlation
between “freedom in law” and “rights for freedom” and their meanings are established
The article deals with the natural and legal approach to the understanding of the
essential features of the public society in the natural and legal space as the embodiment of the
ideal of human existence on the basis of the implementation of its natural and legal freedom
and mutual responsibility of the state and the citizen, that is the guarantee of maintaining a
stable positive and legal field, and this will provide the complete harmony of the natural and
legal space
The article is devoted to the exploration of ways and methods of formation of legal
consciousness in the context of ensuring their realization of the State and civil society.
The author attempted to describe the basic methods of forming of legal consciousness
separating them into categories to “public” and “private”, depending on the subjects of their
implementation.
We come to the conclusion that a key place in the system of remedies of formation of legal
consciousness takes legal education as a precondition for social development of individual.
Methodological situation in the modern jurisprudence, the main peculiarity of which
there is transition from monistic methodology to philosophical and methodological pluralism,
is described in the article
The article examines historical views on the functioning of public power sphere of public
relations. Particular attention is paid to the origin and development of the doctrine of human
rights and its impact on the legal nature of public power relations. In particular examines the
philosophical ideas of thinkers like Machiavelli, Hobbes, John Locke, Jean-Jacques Rousseau,
Montesquieu, Kant, Hegel
The article comprehensively studied the legal principles of interaction of internal affairs
and civil society, comprehensively analyzes the legal framework of the mentioned issues. Deals
with the concept of relation “state – civil society” as a regulatory scheme that ensures longterm
stable development of Ukrainian society