ВЗАЄМООБУМОВЛЕННІСТЬ ТА ЗВ’ЯЗОК ПРАВОВИХ КАТЕГОРІЙ: КУЛЬТУРНІ ПРАВА І ПРАВОВА КУЛЬТУРА В УМОВАХ РОЗБУДОВИ ПРАВОВОЇ ДЕРЖАВИ

Abstract

The article explore the peculiarities of separate, independent legal categories such as: legal culture and cultural rights, their interrelationship and it correlation. An attempt to theoretically substantiate the idea that the provision of cultural human rights is a prerequisite for the formation of the legal culture of both an individual and the legal culture of the population is highlighted. In the conditions of the formation and development of the legal state, the level of legal culture and legal consciousness of the population, which is determined by the legal consciousness and personal legal culture of an individual, has a special role. In order to substantiate the direct connection of these categories, their terminological interpretation is analyzed through the prism of the category "culture", which is a basic concept that establishes a reference point for these legal categories and related processes. Attention is focused on the importance of understanding these separate phenomena and understanding their interdependence and correlation in the conditions of the development of the rule of law. The study characterizes the peculiarities, signs and structural elements of legal culture and cultural rights. Attention is drawn to the pluralism of the terminological interpretation of legal culture in comparison with the terminological uncertainty of cultural rights, taking into account the specificity and importance of these categories in the formation of the legal consciousness of the population as one of the constituent factors in the formation of the legal state. In order to determine the mutual influence of these categories, in the process of their formation and development, aggregate features are determined that are inherent to both categories within the limits of legal functioning. The importance of legal culture, through the realization of human cultural rights, is summarized as an important factor in the development of the rule of law. Legal culture and cultural rights are a kind of strong foundation for the existence of the rule of law, the functioning of civil society and the social life of the population. And also, it can be argued that both legal culture and cultural rights are a guarantor of the exercise of public power in accordance with the basic provisions of the Constitution of Ukraine, the basic principles of law and the exercise of state power, as well as in accordance with the interests of the people.