Legal ideal in the light of potential achievement through the prism of axiological analysis of world experience and determination understanding in Ukraine

Abstract

Listen

Translate article

The article analyzes the current state of Ukraine and world experience regarding the possibility of achieving the legal ideal. The positions of Ukrainian scientists regarding the understanding of this category are considered. The author’s concept of the legal ideal is derived, which is interpreted in a narrow sense - as a process of knowledge and analysis of the current legal system with the aim of its further improvement, to ensure the dignified existence of the individual in the conditions of the development of civil society and the rule of law. It is proposed to consider the legal nature of the legal ideal at the doctrinal and everyday levels. The doctrinal level includes a harmoniously combined and integral system of principles, ideas, ideas, concepts and model norms regarding law and its development, that is, it expresses the normative-value nature of the legal ideal based on perfect and fair law. At the everyday level, the legal ideal is based on customs, traditions, and social experience, which characterize the peculiarities of the life of a specific nation, nationality, and ethnic group. The European legal ideal is studied using the example of the European Union. Among the main ideals in the 27 EU countries, human rights, peace, democracy, the rule of law, solidarity, equality and personal freedom take precedence. It has been proven that for Ukraine in modern realities it is practically impossible to achieve the legal ideal. However, it is necessary to work on improving the concept of the implementation of the legal ideal in order to maintain the appropriate level of legal awareness of the population. It is proposed to focus people’s orientation on striving for such a legal ideal that would correspond to the principles and standards of legal behavior based on national self-awareness, history, Ukrainian culture, ideals of goodness, justice, freedom and independence. The prospects for further research are indicated, namely: it is necessary to analyze in more detail the positive trends of the concept of realization of the legal ideal by other states with possible borrowing for improving the legal system of Ukraine; the question of the mechanism of implementing the legal ideal into legal reality should be subjected to a general theoretical analysis; it is necessary to specify ways of transforming legal ideology on the basis of the modern national idea of Ukrainians.