The paper contains a comprehensive analysis of the legal doctrine’s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is paid to the historical aspects of the legal doctrine development which have significance and influence on the formation and development of international and domestic law. Particular attention of the authors of the paper is drawn to the place and role of legal doctrine in international legal practice. The paper notes that the legal doctrine manifestation in the activities of modern states can be observed in such functions as prognostic, evaluation, regulatory, methodological, world outlook and ideological function. In addition, it is noted that the doctrine plays an important role in the activities of the UN International Court of Justice, where the doctrines of the most qualified specialists are often used in making decisions and drawing up advisory opinions; in the development of international treaties at international conferences and in international organizations, etc. Specific examples of the legal doctrine manifestations in the activities of the ECHR are given.
The paper is devoted to the fundamental issues of modern legal regulation, in particular, its grounds and limits. The author substantiates the position according to which the absence of certain essential imperatives of law that help direct and restrict the functioning of public authorities and other subjects, complicates the activities of the latter, concedes its inconsistency and spontaneity, creates conditions for the perception of law as a kind of "designer" of economic, political and other relations. According to the author, the lack of unified conceptual criteria in determining the essence of law leads to an imbalance in public relations, to their turbulence at all levels (national, international, etc.) and as a result has a detrimental effect on the life and security of a person, society and the state.The author notes that at the present stage of civilization development, it is the economy with its interests and principles that acts as the "nerve", as the main driving mechanism in recognizing the status of the subject state. From the author’s point of view, economic interests and relations today form the world agenda, set the tone for political and legal relations, and often directly correct the value bases of other social regulators.The author summarizes that in general, the current situation in the international legal space, associated with the lack of a generally recognized doctrine of legal understanding alongside the variability and inconsistency of views in the field of human rights and freedoms based on the natural law approach, allows some subjects to arbitrarily interpret and impose certain decisions and positions in the course of their political activities, based on their own resources and potential. This supports law usurpation, making it an instrument of manipulation and blackmail in the field of politics, economics, culture, ecology, etc. in order to create the most profitable conditions and obtaining the expected results.Thus, the natural law approach, on the one hand, needs to be rethought, transformed, on the other hand, it needs to be refined or analyzed in detail when building an original concept of legal understanding.
This article discusses one of the key principles of the rule of law, such as the principle of unity of law. Consequently, the opinions of scholars who define this principle were a naturalized and their main characteristics stand out. In addition, the article provides an attempt to compare the principle of unity of law with the principles of the rule of law and highlight its general characteristics and differences. In methodological terms, the technique of documentary research and comparative hermeneutics was used. It is concluded that the categories of "rule of law" are understood by several authors very differently, there is no consolidation in the definition of this concept; often the above principles contradict each other: they express the static or dynamics of the rule of law, so they require additional doctrinal legal awareness and study. Under modern socio-political conditions, it would be better to use unity of law as the principle of the rule of law; because, it is the principle of unity of law that can provide effective and rational protection and realization of the rights and freedoms of citizens, societies and states.
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