Basic approaches to understanding the concept of the legal system

Abstract

Introduction. The article analyzes the methodology of the legal system research. The basic approaches to understanding the concept of the legal system as an autonomous, coherent and coherent set of legal phenomena, aiming to comprehend social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, in particular, the state of law and order. The position of eminent scientists is supported according to which the legal system is considered from the point of view of the functions it performs, and in particular its main function - legal regulation. The legal system is a fundamental category of the theory of law and the state and law in general. Thus, according to some researchers, it includes all legal phenomena, in particular: the system of law and law, justice and legal culture, law and order, etc. In view of this, the legal system has been and is the object of much basic research. The purpose of the paper is to reveal the main approaches to understanding the concept of legal system. Results. An active study of the legal system as a phenomenon began in the 80s of the last century. Since then, several approaches to understanding the legal system have emerged in domestic jurisprudence. Proponents of the first approach include in the concept of the legal system is not an exhaustive list of elements. This position is based on understanding the legal system as a complex of all legal phenomena of a particular society. Representatives of the second approach provide a comprehensive list of elements of the legal system. However, for the most part, such scientists do not specify the criteria for selecting such elements. Today's understanding of the legal system must be free from unnecessary elements that are alien to the legal system. In this case, it is a so-called "legal" or "legal" add-on. It was this alien element that artificially burdened the construction of the legal system as a phenomenon in the Soviet period. However, this element is still included in the legal system in modern scientific literature. Conclusion. The legal system is an autonomous, coherent, coherent set of legal phenomena, the purpose of which is to comprehend the social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, and in particular the state of law and order.