Abstract

The paper contains a comprehensive analysis of the legal doctrine’s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is paid to the historical aspects of the legal doctrine development which have significance and influence on the formation and development of international and domestic law. 
 
 Particular attention of the authors of the paper is drawn to the place and role of legal doctrine in international legal practice. The paper notes that the legal doctrine manifestation in the activities of modern states can be observed in such functions as prognostic, evaluation, regulatory, methodological, world outlook and ideological function. In addition, it is noted that the doctrine plays an important role in the activities of the UN International Court of Justice, where the doctrines of the most qualified specialists are often used in making decisions and drawing up advisory opinions; in the development of international treaties at international conferences and in international organizations, etc. Specific examples of the legal doctrine manifestations in the activities of the ECHR are given.

Highlights

  • In each historical period of the spiritual and metaphysical searches of people, a meaningful need is revealed for the generation of something creative and fundamental

  • The semantics of legal doctrine in the modern world is affected in various areas of legal regulation of both law enforcement and legislative processes

  • The legislative process requires for its life legal categories and definitions and fundamental provisions, development vectors, a methodological basis, fundamental and considered principles of law, which can only be obtained on the basis of legal doctrine

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Summary

Introduction

In each historical period of the spiritual and metaphysical searches of people, a meaningful need is revealed for the generation of something creative and fundamental. Thought is inevitably born, which becomes the determining vector of development for a certain historical period. Ideas transform into a different, radically new form of doctrine which determines the further consideration of the fundamental principles of civilization and their broader interpretation encompassing spirituality, morality, legal consciousness and legal culture. The legislative process requires for its life legal categories and definitions and fundamental provisions, development vectors, a methodological basis, fundamental and considered principles of law, which can only be obtained on the basis of legal doctrine

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