Legal doctrine: aspects of understanding

Ігор Вікторович Семеніхін

doi:10.21564/2414-990x.141.130708

Abstract

The focus of this article is the research of the nature of legal doctrine, its features, content and the role in legal practice. Actuality of the working out of the legal doctrine is closely connected with the problem of determination of its role and significance in the development of Ukrainian law. It is concluded that legal doctrine has not only descriptive, but also prescriptive character (contains elements of the things existent and the proper). Describing law, carrying out its logical or economic analysis, scholars find gaps in legislation, desuetude of the legal norms, their non-compliance with the principles of law, etc., and prove the need to establish / change / abolish legal rules or institutions of law. The legal doctrine exists and develops in the system of coordinates, which are set by traditions, ideological, cultural, religious keynotes of society.

Highlights

Actuality of the working out of the legal doctrine is closely connected with the problem of determination of its role and significance in the development of Ukrainian law
The legal doctrine exists and develops in the system of coordinates, which are set by traditions, ideological, cultural, religious keynotes of society
They largely determine the content of the legal doctrine, which implicitly has a specific axiological burden

Summary

Introduction

Actuality of the working out of the legal doctrine is closely connected with the problem of determination of its role and significance in the development of Ukrainian law. Contemplating and summarizing their own experience of judicial activity, they publish scientific articles and monographs, and some of them play a significant role in the development of legal thought and practice – doctrinal ideas, concepts, views, approaches are not always born in the offices of university academics.

Results

Conclusion