Philosophy of law in the process of reforming the legal system of Ukraine: theory and practice

Abstract

The research aims at developing the concept of a new perception and content of philosophy of law which should be based on thephilosophies of the relevant fields of law and integrate the main directions of further evolution of the legal system into a single harmonizedmodel in order to protect rights and interests of the individual and the citizen. Theoretical basis comprises modern concepts of scholars inthe field of philosophy of law, whose typical and original ideas have been selected and analyzed. Also, the paper constructively and criticallyanalyzes their correspondence to contemporary problems of the legal system of Ukraine. The authors identify a new function of philosophyof law – defining the purpose and systematic direction of reforming the legal system of Ukraine, as well as the ways to achieve the goalthrough improving the activities of law enforcement and human rights bodies. Current tendencies in the development of the legal system ofUkraine are based on the solution of various tactical tasks, in particular, in the sphere of economy, health care, social security, the judicialsystem; however, the strategic goal of its reforming – the self-sufficient state of Ukraine – has not been set. This very goal should set prioritiesin the development of the legal system of Ukraine as a sovereign, independent, democratic, social, law-based state. At the same time, thepreamble to the Constitution of Ukraine stipulates the irreversibility of the European and Euro-Atlantic course of Ukraine, which will haveto delegate some of its powers to international organizations. The provisions regarding sovereignty and independence of the state will losepriority, which will lead to amendments to the Constitution of Ukraine. At the same time, the theory of a self-sufficient state has not beendeveloped in Ukraine. However, due to this theory the implementation of the defining principles of the state system, proclaimed in the Cons -titution of Ukraine and capable of ensuring a high standard of living of their citizens and their real independence should be guaranteed.