Nirvana of legal life in Ukraine

Abstract

This article discusses the issue of the state of legal life as a form of being of law, which characterizes the specifics and level of legal development of Ukrainian society, as well as the state and level of legal consciousness, the system of legislation, law enforcement practice, the degree of guarantee of fundamental rights and freedoms of a person. The main features of legal life and its directions, one of which is associated with the organization of social ties, and the other - with their disorganization. It is stated that legal life can be considered both at the level of society and at its individual components, individuals. It is differentiated according to the spatial principle (the legal life of the state, its individual territories), temporal (the legal life of modern society and past legal eras); by the level of legal development of society (life of legal and non-legal society, with a totalitarian heritage) and so on.. At the same time, a kind of “visiting card” of legal life is legal acts in which legal existence is expressed, in which law lives. It is legal acts that are an important means to meet the interests of all subjects. Therefore, the legal life of any society and state can be revealed by studying the nature of legal documents by which the persons concerned achieve their goals and satisfy their specific interests. A brief digression into the content of the concept of “nirvana”, as a subject of Buddhist philosophy, correlated with such a modern term as the term “legal life” is made. In a bilateral relationship with the corresponding content, their subject and concept, they can form such a new term, which is the term “ legal life nirvana ”. Under this term, it is proposed to understand such a state of functioning of a person, society, state, in which the proper operation of the principles of law, strict observance, execution and application of the rule of law, as the main mechanism for regulating social relations, is ensured. This helps to ensure the proper functioning of public life in accordance with the principles of law, which is a kind of litmus of the state of everything that is positive, available in the legal life of a person, society and the state, that is, an indicator of the positive component of the “legal life” in the state, and the negative component is an indicator of the deformation of nirvana. Thus, this is an indicator of high achievements (results) of the introduction of the rule of law into the daily life of society; it is a corresponding positive result of said implementation; it is an assessment of the proper respect for the law and its observance in society; this is a high level of legal consciousness of citizens; this is a high level of legal culture in the state. The modern legal life in Ukraine is revealed, which is characterized by a deep contradiction, and which, along with the corresponding level of legal culture and legal awareness of citizens, is filled with antagonistic tendencies, i.e. legal life exists with certain shortcomings. This is manifested in the rule-making activities of public authorities, decision-making by subjects of public and private law, in the actions of individual officials and citizens, that is, in the process of manifestations of banal legal nihilism. Examples of the manifestation of legal nihilism in the activities of public authorities, especially its highest bodies, are given. Conclusions have been drawn up with specific proposals to ensure the proper functioning of the “ legal life nirvana” in Ukraine.