Harchenko N.P. LEGAL POLICY OF THE STATE: TO DEFINITION CONCEPTS AND CONTENTS

DOI: 10.33098/2078-6670.10.22.110-117

Goal. The purpose of the work is a comprehensive theoretical and methodological analysis of the definition of the concept and content of modern legal policy of the state. Method. The methodology of the study involves the use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, induction, deduction, structural-functional and comparative law. Results. In the course of the research it is proved that in modern conditions the legal policy of the state is determined in theoretical and practical aspects. Thus, in the theoretical aspect, the legal policy of the state is the legal ideology of the state, which includes ideas, theories, concepts, doctrines, strategies, programs, etc., enshrined mostly in the form of regulations. In the practical aspect, the legal policy of the state means the activities of the state to exercise effective legal influence on all spheres of public life. In all the considered approaches to the definition of the category of “legal policy” there is one common feature – the state-will character, which forms its power-imperative content. The features of legal policy include: based on law; implementation by legal methods; coverage mainly of the legal sphere of activity; reinforcement, when necessary, by force, coercion; publicity, formality; it has an external expression in the form of legal and organizational forms of its implementation. Scientific novelty. According to the results of the study, the legal policy of the state is designed primarily to manage the legal development of the state, to be aimed at improving legal means and mechanisms of legal tools to ensure the most optimal development of relations in various spheres of society. Practical significance. The results of the study can be useful in the process of formation and implementation of the general theoretical concept of legal policy of the modern state.

Key words: politics, law, legal policy, state, civil society, state power.

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