“Pravova derzhava”. Issue 36 (2025), pages 106–117.
DOI: 10.33663/0869-2491-2025-36-106-117
Ryndiuk Vira
Doctrinal foundations of realization of law: current state and research prospects
Introduction. The article is analyzed the current state of research into the category of «realization of law» in domestic theoretical legal science and the conclusion is made about the need to form a holistic system of scientifically based knowledge about realization of law (theory of realization of law) on the latest scientific and methodological principles. Despite a number of scientific works of domestic legal theorists regarding realization of law, the literature draws attention to the insufficient theoretical level of scientific development and the ambiguity of approaches to understanding various aspects of the category of realization of law, which, in turn, negatively affects legal practice. A modern trend in domestic legal science is a significant worldview and methodological rethinking of traditional dogmatic ideas about the content of legal concepts and the formation of individual theories (doctrines) within the general science of legal theory, in particular, the theory of realization of law.
The aim of the article is to outline the theoretical and methodological foundations of further scientific development of the category of realization of law, which in the future can become the basis for the formation of the theory of realization of law as a holistic, coherent system of scientific knowledge about realization of law.
Results. First of all, the very concept of «realization of law», which depends on different approaches to understanding the concept of law, needs to be clarified.
Clarifying the meaning of the concept of realization of law, one should proceed from the fact that law-making and realization of law are two interdependent and interconnected aspects of the life of the rule of law. The center of the legal norm is its disposition, the rule of conduct that determines the rights and obligations of the subjects of legal relations. Therefore, the content of realization of law is, first of all, the implementation of the disposition of the legal norm into the actual rights and obligations of the subjects of the relevant legal relations. The praxeological approach has a methodological significance in the study of realization of law as a legal activity.
Realization of law from the point of view of law praxeology should be considered in the context of its structural components (subject, object, way in which the activity is carried out, the result and purpose of the activity), as well as the relation between the purpose and the result as the effectiveness of legal implementation.
Conclusions. As a result of the conducted research, it is proposed to single out two main directions of prospective scientific research on realization of law. First, the center of realization of law is the person, their rights and obligations, not an impersonal legal norm. Secondly, an important moment in the formation of the theory of realization of law is its praxeological (activity) aspect.
Key words: realization of law, norm of law, disposition of the norm of law, subjective right, legal obligation, legal praxeology, legal activity, juridical activity.
References
- Dyachkova O. N. Scientific theory. General problems of the philosophy of science. Dictionary for postgraduate students and applicants. URL: http://psychologis.com.ua/nauchnaya_teoriya-1.htm.
- Legka O. V. Implementation of legal norms: theoretical and legal aspects. Law and society. 2012. No. 1. P. 30, 32.
- Duma V. V. Approaches to legal understanding and implementation of legal norms. Legal informatics. 2009. No. 1. P. 47–52.
- Makushev P. V., Khridochkin A. V. Theory of law enforcement: textbook. Dnipro: Helvetica Publishing House, 2018. 360 p.
- General theory of law. Normative course: textbook for law students / edited by Dr. of Law Sciences, Prof. S.V. Bobrovnyk. Kyiv: Yurinkom Inter, 2021. P. 344.
- Large Explanatory Dictionary of the Modern Ukrainian Language: 250 000 / Compiled and Chief Editor V. T. Busel. Kyiv: Perun, 2005. P. 1204.
- General Theory of Law: Textbook / O. V. Petryshyn, D. V. Lukyanov, S. I. Maksymov, V. S. Smorodynskyi and others; edited by O. V. Petryshyn. Kharkiv: Pravo, 2021. P. 364.
- General Theory of Law: Textbook / Edited by M. I. Kozyubry. Kyiv: Vaite, 2015. P. 235.
- Yukhymyuk O. M. The Relationship between the Concepts of «Law Enforcement» and «Application of Law Norms». Journal of the Kyiv University of Law. 2011. No. 4. P. 55.
- Podpisnov D. S. Signs of the implementation of legal norms. Bulletin of the National Technical University of Ukraine «Kyiv Polytechnic Institute». Political Science. Sociology. Law. 2013. No. 3. P. 107–109.
- General Theory of Law: Textbook / Edited by M. I. Kozyubry. Kyiv: Vaite, 2015. P. 234–235.
- Ryndiuk V. I. Systematization of the Legislation of Ukraine: Theoretical, Methodological and Technical, and Legal Aspects: Monograph. Kyiv: KNEU, 2021. P. 76–97.
- Podpisnov D. S. Ibid. P. 107.
- Romanyuk Ya. M. Law Enforcement Functions: Some Issues. The Rule of Law. 2016. No. 24. P. 29.
- Tsmots U. O. Legal Praxeology as a Factor of Effectiveness of Legal Practice. Scientific Bulletin of the Lviv State University of Internal Affairs. Legal Series. 2023. No. 4. P. 156, 160. DOI: https://doi.org/10.32782/2311-8040/2023-4-18.
- Nastasyak I. Yu. General theoretical analysis of legal activity (in the context of studying the functional part of the legal system). Jurnalul juridic national: teorie şi practică. 2018. Vol. 5 (33). P. 25.
- Bandura O. O. Praxeology of law as a component of the philosophy of law. Philosophical and methodological problems of law. 2017. No. 2 (14). P. 12.
- Yushchyk O. I. Theoretical foundations of the legislative process: Monograph. Kyiv: Parlamentary Publishing House, 2004. P. 20.
- Gusarev S. D. Legal activity: methodological and theoretical aspects: abstract of the dissertation ... doctor of law sciences: 12.00.01 / Kyiv National University of Internal Affairs. Kyiv, 2007. P. 16.
- Nastasyak I. Yu. Ibid. P. 24.
- Podpisnov D. S. Ibid. P. 107.
- Khaustova M. The subject of law as an element of the legal system of society. Bulletin of the Academy of Legal Sciences of Ukraine. Kharkiv: Pravo, 2009. No. 3(58). P. 31–35.
- Legka O. V. Ibid. P. 30.
- Borshchevsky I. V. The object and subject of systematization of legislation. Bulletin of Odessa National University. 2008. Vol. 13. Issue 10: Ser. «Jurisprudenc». P. 7.
- Slynko D. V. The main features and structure of law enforcement activity. Bulletin of the V. N. Karazin Kharkiv National University. Series: Pravo. 2015. Issue 20. P. 24.
- Lichman L. G. On the necessity of studying law enforcement in civil proceedings in Ukraine. University scientific notes. 2010. No. 4. P. 71.
- Reshota V. Problems of defining basic concepts in the sphere of justice administration. Bulletin of Lviv University. Legal series. 2015. Issue 62. P. 121.
- Bordenyuk V. I. Local self-government and state administration: constitutional and legal foundations of correlation and interaction: monograph. Kyiv: Parliamentary Publishing House, 2007. P. 29.
- Kostruba A. V. Acts of realization of legal rights and obligations as an element of the mechanism of legal regulation. Theory and practice of application of current domestic and international legislation in modern conditions: Materials of the International Scientific and Practical Conference (Odesa, Ukraine, February 12–13, 2011): in 3 parts. Odesa: NGO «Black Sea Law Foundation», 2011. Part 1. P. 29.
- Kostruba A. V. Ibid. P. 29.
- General Theory of Law: Textbook / Edited by M. I. Kozyubry. Kyiv: Vaite, 2015. P. 235–236.
- Prygara L. I., Stupnyk Ya. V. Legal Technique of Law Enforcement Acts: Monograph. Uzhhorod: Publishing House of Individual Entrepreneur Breza A. E., 2013. P. 29.
- Kostruba A. V. Ibid. P. 28–29.
- Legka O. V. Ibid. P. 31.
- Large Explanatory Dictionary of the Modern Ukrainian Language: 250 000 / Compiled and edited by V. T. Busel. Kyiv: Perun, 2005. P. 661, 1588.
- Theory of State and Law: Textbook / O. V. Petryshyn, S. P. Pogrebnyak, V. S. Smorodynskyi et al.; edited by O. V. Petryshyn. Kharkiv: Pravo, 2015. pp. 337–338.
- Duma V. V. Ibid. p. 49.
- Hnatiuk M. D. Theoretical aspects of implementing the goals of legal norms. Scientific notes of the NaUKMA: Legal sciences. 2004. T. 26. Pp. 22–23.