Сучасний теоретико-правовий дискурс щодо дефініції «правоутворення»

Abstract

The article analyzes the doctrinal definitions of "law formation" available in modern scientific discourse and outlines the characteristic features of this phenomenon. Based on the generalization of various approaches to the definition of "law-making", the following characteristics are defined: 1) it is used in various aspects; 2) duration of legal formation; 3) contains both objective and subjective factors; 4) legal norms are formed as a result of law formation. Since law formation is a long process, it can be divided into certain stages. Law formation involves three stages: 1) epistemological – reflects the process of emergence and formation of law in the form of legal awareness; 2) material - law is formed as a result of the implementation of subjective rights and legal obligations, which are transformed into specific legal relations; 3) institutional - law appears in the form of legal norms that collectively form a system. It is concluded that law-making as a phenomenon, a separate legal phenomenon is characterized by special independent conceptual aspects. This is primarily explained by the fact that: firstly, law-making has a specific definition that can ensure its unified standardized understanding and further application in scientific research; secondly, the definition of law-making will outline it as a separate independent phenomenon of legal reality, will indicate the special features of law-making and ensure its clear separation from related legal phenomena; thirdly, the conceptual aspects of legal formation will be able to ensure the integrity and systematicity of theoretical and legal knowledge.