SYSTEM-FORMING ROLE OF LEGAL VALUES AND NORMS IN DOMESTIC STATE-BUILDING

Abstract

Was investigated the system-forming role of legal values and norms in domestic statebuilding. It is alleged that gradation legal values and their social role determined methodological approaches to thinking: positivist or natural and legal. The dominance of the positivist paradigm in understanding the law contributed to the spread of the twentieth century totalitarian and authoritarian political regimes whose leaders rejected natural law values and norms, replacing their so-called «political expediency» and ideological tenets. Repressive totalitarian political regime found its expression in the first place a significant moral person humiliation, catastrophic possibilities for its fulfillment. That is why the criticism of totalitarianism aims to restore such moral and legal values as human dignity.Was indicated that the rooting of democratic values in the public law and practice of nation-building helps overcome strains of legal awareness and legal culture of the population especially in countries that are reforming their political and legal system. For Ukraine, the crucial problem is legal nihilism overcoming, not only among ordinary citizens as among civil servants, senior politicians and so on. Since it is an example of the latter would encourage the establishment of legal values and statist thinking standards.Was proved that the system-forming role of legal values and norms most clearly manifests in collaboration with other values, especially moral and spiritual. The real upsurge of law and legal values is only possible in conjunction with the spiritual and moral nation flourishing, because exactly free individuals and society with a high level of justice are able to deeply understand the importance of instrumental and spiritual rights standards, apply it in daily life.Was analyzed the national idea of the Ukrainian people in terms of values. The legal values and norms filled with concrete content the Ukrainian national idea implementation of which is the development of democratic, legal and socially-oriented state. The ranking of legal value as the embodiment of the national idea depends on ideological postulates which were elected by leaders of state-building process. Wherein the role of legal values and norms will be to design specific legislative ideology, fixing them as institutionally secured state-building decisions. Along with that the law should be maximally remote from the politics, ensuring justice, equality and freedom for all units of public relations.Was grounded the necessity of developing a national legal ideology in the context of contemporary problems of development of the Ukrainian state. In its turn, the legal values are the core of legal ideology, creating an ideological basis for its existence. Legal values constitute the social space and determine the development strategy of the state as a legal phenomenon. The content of legal ideology is poly-aspect and incorporates the following components: strategy legislation, regulation principles, the constitutional construction, administrative, legal and judicial reform, human rights, improvement of the electoral law, the foundations of democracy and statehood, strengthening the rule of law and order.