GENERAL PHILOSOPHICAL AND LEGAL ASPECTS OF THE CATEGORY “OBJECTIVE” AS ELEMENT OF OBJECTIVES IN ADMINISTRATIVE LAW

Abstract

The article revealed general philosophical and legal aspects of the category “goal” as an element of goal-setting norms of administrative law. Emphasis is placed on the fact that: 1) in the theory of law, the concept of “law in the objective sense” is defined as the result of rule-making activity and characterized as a system of legal norms; 2) the real realization of the goals of the right in an objective sense is acquired through law-making activity and through other forms of realization of the right; 3) “legal norm” as a static phenomenon has its own goals, because they are formed by the subject of norm-making and are the result of his goal-setting; 4) “law” as a general concept that characterizes all mandatory rules of conduct contained in the sources of national legislation also has its own goals, the main ones of which were formed in ancient times, but this does not exclude the possibility of correlation of such goals in the future. It has been established that the study of the goal as a key category of goal-setting norms of administrative law presupposes its study, on the one hand, as a general philosophical or general sociological concept, which is inherent in all types of purposeful activity (general philosophi­cal aspect), and, on the other hand, as a multifaceted concept that can acquire its substantive features depending on the level of legal regulation, the subject of goal-setting or the sphere of social relations where the relevant norms of law are implemented (legal aspect). It is proved that in the philosophy of law, the following basic approach to the interpretation of the concept of “goal” was formed - the goal is always a subjective reflection of objective reality in ideal images, although the definitions can be as follows - “it is an idealized need of a person who has found his object”, “this is such a subjective image of the object of activity, in the ideal form of which the result of human activity is assumed”, “imaginary, ideal image of the result of action”, etc. It was concluded that the legal aspect of the “goal” category consists in the analysis of the factors determining the goal of the subject of rule-making activity, the place, role and types of goals in legal regulation, methods of identifying and formalizing the goals of the subject of rule-making activity, etc. These aspects of the category “goal” reveal its meaning in different legal dimensions, which can be closely interconnected (for example, the goals of administrative law, the goals of administrative-legal regulation, the goals of administrative law norms), and can exist in parallel without interfering with each other one (for example, the goals of administrative proceedings and the goals of the development of the information society in Ukraine. It was found that none of the existing goals of law or norms of law are individually (independently) capable of giving a comprehensive idea of the phenomenon of “goals” in law. This can only be done on the basis of comprehensive, integrative and systematic analysis of the goal as a multifaceted phenomenon in legal reality.