Reception as a constitutional and legal phenomenon

Abstract

It is indicated that modern trends in the civilizational development of society are determined by a large number of factors: global processes of transformation of social reality, the necessary development and modification of universal legal and constitutional values, rationalization and optimization in the direction of achieving a balance of international (international) and domestic interests of a modern democratic state. In this process, a completely logical conclusion is the urgent need for a qualitative change in the understanding of constitutionalism, which is currently being formed in the conditions of the convergence of modern legal systems, transnational processes of the development of constitutional law and the implementation of thestrategy of the life of society in the face of global challenges of humanity.
 The article raises the question of understanding the concept of “reception” as one of the factors in the development of constitutional and legal thought. Various opinions of scientists about the understanding of the concept of “reception” and its influence on the formation of modern legal society were studied. In the course of researching the topic, the author considered the issue of the concept of reception, the components and signs of the researched process, the influence on the formation of the constitutional and legal idea and the consequences of its influence for Ukraine.
 Doctrinal interpretations of reception as a general legal and constitutional phenomenon are of a debatable nature, which makes it possible to talk about the polysemanticity and heterogeneity of the understanding of this legal category. That is why the study of the reception and determination of the doctrinal definition of this constitutional-legal phenomenon is an actual problem that has a range of both general theoretical and praxeological research.
 Summarizing the analyzed doctrinal interpretations of the term “reception”, the authors concluded that the understanding of the term is the borrowing of the standards of legal systems of other countries of the world for the implementation of new processes of society to regulate new processes of the development of democracy. The correct interpretation and understanding of the relevant forms and the path of development will help in the transformation of constitutional-right forms to more progressive ones and the introduction of new trends of ideas and social standards, which is the main way to prevent world conflicts, class inequality and regimes of totalitarianism or dictatorship.