The purpose of this article is to distinguish the value determinants of cognition of law. The article reveals that the modern understanding of the term “law” is characterized by axiological and anthropological approaches to its cognition; founds out that the human legal value has an integral-synthesizing character to all other values and, as a result, is embodied in the absolute legal value and inherent worth; establishes that the human dimension of law has become the result and, at the same time, the source of value-legal human understanding, which indicates the value of law and its axiological characteristics.
The historical principles of the constitutional and legal reform of the administrative and territorial organizationin Ukraine and the Republic of Poland are studied, analyzing the constitutional legislation of both countries, the implementation of the reforms, and the existing scientific approaches. The possibilities of applying the Polish experience of constitutional modelling of the territorial organization in Ukraine are determined. Attention is paid to the main directions of reform the system of administrative and territorial organization in Ukraine and Poland at different stages of their historical development. It is noted that each period of reform to the administrative and territorial organization of these states is characterized by a different attitude towards local self-government. This allowed to outline the models of the system of administrative and territorial organization in Ukraine and Poland and to clarify their common and specific features.
The article explores the variety of theoretical approaches to legal interpretation. It has been determined that the variety of approaches to legal interpretation is due to the complexity of the nature of the origin of this phenomenon, the conditions for the development of post-non-classical science, and the recent influence of the paradigm of comparism, which assumes pluralism of opinions and ideas in legal research. It was found that in modern science there are four traditional theoretical approaches to the essence of legal interpretation. It has been determined that the content of the first approach is revealed within the framework of legal hermeneutics through a number of categories. The essence of the second approach (formal dogmatic or static) is expressed in the fact that the subject of interpretation must strictly and rigorously follow the letter of the law, establish only the meaning of the normative legal act, which the lawmaking body enshrined in it at the time of the publication of the act. That is why normative legal acts cannot, through interpretation, adapt to the changing economic, social, political, cultural internal and external conditions of public life. It is proved that the essence of the dynamic theoretical approach lies in the fact that the subject of legal interpretation adapts the normative legal act to the changes that occur in various social relations. It was found that there is a contradiction between the dynamic and static approaches in legal interpretation, which is reflected in the traditionally called objective and subjective theories of interpretation. According to the subjective theory, the purpose of legal interpretation is to establish the «will of the legislator», and according to the objective theory – to establish the «will of the law». It has been substantiated that the essence of the activity approach is that interpretation is considered as a special kind of legal activity aimed at understanding and clarifying the content of legal texts. The authors of this article point out that in order to establish the true nature of legal interpretation, the methodological foundations of the study should be presented much broader and more diverse, and not be limited only to traditional approaches. When studying it, a comprehensive, integrative approach is needed, which, based on the relevance of interdisciplinary relationships, would include logical, language (linguistic), philosophical, sociological, psychological, axiological (value), ethical, legal, historical, economic, political, mathematical and other substantiation of legal interpretation. Keywords: diversity, theoretical approach, legal interpretation, interpretive practice, integrative approach
The relevance of the research problem is due to the need for theoretical justification of the diversity of aspects of the relationship between the principles of inevitability and the institution of exemption from legal liability. The purpose of the article is to identify the essence of the relationship between the principles of inevitability and the institution of exemption from legal liability. The leading methodological approach of the research is the structural-functional approach, which allows to consider the principles of inevitability and the institution of exemption from legal liability as elements of the normative part of the legal system, which have their own functional purpose. The article reveals the essence of the principle of inevitability of legal liability; the content of the institute of exemption from legal liability is clarified; aspects of the relationship between the principle of inevitability of legal liability and the institution of exemption from legal liability have been established.
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