Lutskyi R., Havrylyshyn P. Positive law as a manifestation of the rational correlation of the will of the state and its citizens: political and legal aspect

DOI: 10.33098/2078-6670.2022.14.26.39-45

Purpose. The purpose of the article is to determine the essence and features of positive law based on a correct understanding of the signs that characterize this phenomenon, and are also key factors in the process of legal understanding. It is the latter that outline the components that characterize the essence of the so-called state (positive) law.  Methodology. In order to achieve this goal, a comprehensive analysis of the available information on the analyzed problem was conducted and conclusions and proposals were formed on their basis. The following methods of scientific cognition were used during the research: dialectical, system-structural, terminological, system-functional, historical, normative-dogmatic, generalization method.  Originality. As a result of the conducted research, it was established that the term «positive law» expresses a rule of conduct that is accepted and sanctioned by the state and has a universally binding nature. In addition, positive law outlines the specific direction of the development of the legislative process of the corresponding stage of development at which the state is located, and only it, in combination with natural law, is the tool that guides the development of society and statehood.  Scientific novelty. For the first time, systematization and generalization of the levels of political and legal understanding of the concept of «positive law» through the prism of the rational relationship between the will of the state and its citizens, taking into account the realities of today, has been carried out.   Practical significance. Research results can be used in law-making and human rights protection activities regarding the implementation of current legislation during wartime.

Key words: the will of a person, the will of the state, law, signs of law, positive law, society, state, system, universal obligation, state coercion, political and legal essence of law.

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