SOCIAL AND LEGAL VALUES IN THE PROCESS OF GOAL SETTING OF NORMS OF ADMINISTRATIVE LAW

Abstract

Based on the analysis of scientific sources, the article provides a comparative description of social and legal values, as well as reveals their role in the process of goal-setting norms of administrative law. It has been found that the subject of rule-making activity, proposing to establish one or another norm of administrative law, must clearly understand for the achievement of which goals he is enshrining it in the sources of legislation. In this case, social values, which are a kind of reference points for any goal-setting subject, help the subject of rule-making activity to orientate. It has been proven that there is an urgent need for a terminological distinction between the concepts of «value of law» and «legal values». The first concept considers law as a value, while the second one reveals the specifics of the impact of social values on the formation of legal norms, as well as the specifics of legal regulation and protection of social values. On the basis of this, the subject of the study devoted to the role of social values in the process of goal-setting of the norms of administrative law was specified, because then the subject of such a study covers a more general concept – «social values». On the one hand, it includes the concepts of «law as a value» and «legal values» in its content, and on the other hand, it allows specifying the concept of «values as guidelines for goal-setting norms of administrative law», narrowing the subject of such research to only those social values that are important for the process of forming the goals of the norms of administrative law. It was concluded that the peculiarity of the study, which is devoted to the role of social values in the process of goal-setting of legal norms, is that it covers the period when the legal norm has not yet been adopted, but the subject of norm-making activity is already determined with its goals (given the existing in society’s values) and ways of formulation in the sources of law. It was established that if the majority of scientists divide the world of values into legal and extralegal and, accordingly, work within the boundaries of the defined worlds – legal (theory of constitutional, administrative law, etc.) and extralegal (philosophy, sociology, psychology, etc.), then within the scope of research the goal-setting of the norms of administrative law is analyzed during the period when the rule of law has not yet been adopted, but legal processes are already taking place – the subject of goal-setting based on legal awareness and taking into account the scale of existing social and legal principles is determined with the goals of the future norm of administrative law.