ПЛЮРАЛІЗМ ПІДХОДІВ ДО КЛАСИФІКАЦІЇ ПРАВОВИХ АКСІОМ

Abstract

The article highlights that the classification of legal axioms is understood in several senses: the process of creating a classification scheme; the process of grouping objects; the result of scientific research. It is presented that the classification of legal axioms is an independent and self-sufficient research method and at the same time - an auxiliary, the result of which is important for the continuation of scientific research. It is considered that the classification of legal axioms acts as a method of scientific knowledge and as a stage of scientific research. The view is shown that the classification in law has its own specific features. It is presented that there is a point of view according to which the classification of legal phenomena is carried out by a special method. The division of legal axioms depending on the branches of law into legal axioms of procedural and substantive law has been further considered. It is noted that axioms in procedural law are traditionally more common than in substantive law, due to the specifics of procedural law, rather than the fact that they are more studied. It is highlighted that the axioms of common law, intersectoral, branch are distinguished from the scale of functioning. It is emphasized that this criterion reflects the view of scientists who either identify axioms with principles, or believe that they are very close to each other, but are not similar concepts. It is noted that the content of legal axioms is divided into normative, which are legal commands enshrined in the texts of regulations and scientific judgments are conceptual provisions that contain conceptual provisions formulated by scientists as well-known postulates. Attention is focused on the fact that the following types of axioms can be distinguished from the form of enshrinement: enshrined directly, which are derived from the content of legal norms that have been enshrined in law. The division of legal axioms depending on the ways of origin into legal axioms, which arose as a result of legal practice, and those that appeared as a result of legal awareness, is proposed.