FUNCTIONAL INTEGRITY OF THE LEGAL SYSTEM: CONCEPT, SIGNS AND MAIN CHARACTERISTICS OF SCIENTIFIC RESEARCH

Анотація

The article examines the problem of internal contradiction of the conceptof legal system and related concepts ("system of law", "legal system", etc.), as phenomena of legal reality and objects of scientific research.The author reveals the lack of a unified approach to the understanding of these concepts in modern Ukrainian legal science. The author sees the solution to this problem in the approach according to which the legal system is considered as a functional integrity.This concept is used in a doctrinal, theoretical and legal sense. In order to identify the main essentialcharacteristics and signs of the concept of legal system, the author analyzes and summarizes the main positions of Ukrainian lawyers, and also turns to the methodology of systems theory and system analysis.Explanations of the integrity of the legal system are developed mainly in the structural and organizational planes using the structural-functional approach. Preference is given to the essential-functional, functional-genetic and functional-logical structure of the legal system.On the basis of the conducted research, the definition of the concept of the legal system was formulated, which is considered asa clearly structured normative-regulatory, dynamic-static system of connections between real phenomena and institutions of legal validity in their complex (internal and external) interdependence, which form a unique socio-legal complex, within which a specific society in the process of historical development implements its own patterns of achieving stable functioning on a firm basis of the norms of positive law expressed in legislation, and which in organic connection with legal consciousness and legal relations constitute a normative the basis of legal order in society.

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