Abstract
Purpose. The purpose of the article is to define the essence and features of law based on a correct understanding of the features which characterize this phenomenon and are also key factors in the process of law understanding. It is the latter which outline the components which characterize the essence of modern law as a phenomenon of social reality. Methodology. In order to achieve this goal, the author conducted a comprehensive analysis of the available information on the issue under consideration and formed conclusions and proposals based on the same. The following methods of scientific cognition were used in the course of the study: dialectical, system-structural, terminological, system-functional, historical, normative-dogmatic, and generalization methods. Originality. As a result of the research, it is established that the term «law as a phenomenon of social reality» expresses a rule of behavior which is adopted and authorized by the State and is of a generally binding nature. In addition, law outlines a specific direction of development of the legislative process at the relevant stage of development at which the State is located, and only it, in combination with natural law, is the instrument which guides the development of society and statehood. Scientific novelty. For the first time, the author systematizes and generalizes the levels of political and legal understanding of the concept of «rights as a phenomenon of social reality» through the prism of a rational correlation between the will of the State and its citizens, taking into account the realities of today. Practical significance. The results of the research can be used in lawmaking and human rights activities to implement the current legislation during wartime.
Published Version
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