Легитимность права: целевые и ценностные критерии

Abstract

Purpose: it is noted that today the ratio of legitimacy and legality is the social regulator that determines the main issues in the theory of law, and the legitimation process itself is directly related to the legitimacy of the law-forming will and, as a result, the forms of law. The transformation of approaches to legal understanding has significantly influenced both approaches to the legitimacy of law and the criteria for determining the legitimacy of law. A special role is played by various methods of social and legal discourse, which are presented in a political aspect in a combination of various types of democracies. Issues of legitimacy are considered directly with such legal categories as the validity of law, recognition of law, justice in law. In this regard, it becomes necessary to consider the opinion that legitimacy is a fundamental characteristic of law and public authority. Hence, the recognized legal prescriptions, observed not under compulsion, become a positive regulator, the law is recognized (accepted), and its prescriptions are not perceived by the society as unusual, alien. Despite this, legislation a priori remains the main regulator of social relations (lawmaking is all focused on lawmaking, as a narrower phenomenon of legal reality), therefore the flexibility and pliability of the legislator is one of the important criteria for the legitimacy of law, the source of which is the state will and the form of which then becomes normative. Act. Methodology: general and particular scientific methods: logical, functional, formal-legal, synergetic; used such techniques as description, analysis, generalization, abstraction. Conclusions: the legitimacy of law cannot and should not be reduced to the effectiveness of law alone. The legitimacy of law must be realized through the absolute recognition and voluntary observance of legal norms through a balance of restrictions. Scientific and practical significance: the conducted research allows us to talk about legitimacy, exploring the problems of the validity of the legal norm. Thus, the reality, legitimacy of law in society is considered by the correspondence of the norms of law (emerging legal relations) to real needs and interests. Relations that have actually arisen must comply with legal requirements and be systematically observed, in turn, the requirements themselves must optimally reflect legitimate interests.