ПІДХОДИ ДО ПРАВОРОЗУМІННЯ У ПРАЦЯХ ПРЕДСТАВНИКІВ УКРАЇНСЬКОЇ ДІАСПОРИ

Abstract

The purpose of this article is to analyze scientific approaches to legal understanding by representatives of the Ukrainian diaspora in different countries of the world. The research identified the most famous Ukrainian lawyers-theoreticians, clarified which positions prevail among them and which characteristic features are inherent in their types of law understanding. In the article the author used a number of general philosophical, general scientific and specifically scientific methods. The use of the dialectical method made it possible to fully and comprehensively reveal the approaches of scientists to understanding law. With the help of historical-comparative method, the ideas of scientists were compared with other scientists in order to highlight certain features in their views on law. The method of analysis and synthesis was manifested in the processing of primary sources, scientific articles and archival materials. In the article the views on the law understanding of the well-known law scientist in the field of theory, philosophy and constitutional law S.S. Dnistryanskyi are revealed. His views on law were dominated by the sociological approach and the ideas of natural law. The peculiarity of the scientific views of F.V. Taranovsky is the combination of positions on the recognition of positive law and its interaction with actual customary law, the nation law, society law, which, although unofficially, but nevertheless plays an important role in the regulation of social relations. M.M. Kovalevskyi considered law as a product of the historical development of society and advocated the idea of close dependence between existing law and one or another economic, political, and religious-ethical system of life. O.O. Eichelman recognized positivism in law, but assumed that the existence of this socially important category was determined not by the will of the state, but by the direct efforts of the nation to self-organize and establish order. Also, the author believed that the emergence of law and its establishment by the state must necessarily be carried out at the expense of control by the relevant social institutions. K.A. Levitskyi's scientific views were positivistic and social in nature. He believed that law arises from the state, its authorities, which, in turn, are elected by the people. Elements of the sociological and positivist approach and ideas of natural law are traced in the views of these scientists.