The state in the mechanism of law-formation as a subject of theoretical and legal knowledge

Abstract

In the content of the article, the author revealed the relevance of scientific knowledge of state issues in the system of subjects of modern law-formation. It is noted that the state in the modern conditions of the development of society acquires a new multifaceted meaning, since its role is significantly changing, namely the state faces new challenges associated with the resolution of hybrid wars, a significant increase in the number of armed conflicts on the political map of the world, a significant increase level of their aggressiveness, pandemic threats. It is emphasized that today the issue of both the scientific rethinking of the state's regulatory and protective capabilities, and the expansion of scientific ideas about the practical limits of the state's influence in improving regulation and protection of the rights, freedoms, and interests of legal subjects is becoming particularly relevant. The most significant character today is the state's influence on law-formation, ensuring a balance of interests in the formation of law, its formalization, interpretation and further socialization. However, the role of the state in the law-formation mechanism is currently in a state of significant transformation, which is accompanied by the strengthening of the state's influence on law-formation, in particular in terms of ensuring the effective implementation of state policy, especially in the areas of national security and defense, European integration, ensuring social standards, etc.
 The author substantiates that the scientific understanding of the state as a subject of law­formation has an ambiguous character. This is due to the discussion in the understanding of the phenomenon itself - law-formation, its properties, which are laid by scientists as the basis for understanding the mentioned concept, including such a property as subjectivity. From a cognitive point of view, the state in the mechanism of law-formation: firstly, it is characterized by the multifaceted nature of its manifestation and functioning, providing influence and determining the content of law-formation; secondly, it is a polystructural phenomenon, exerting an influence on law-formation through the system of state­authority subjects, ensuring legal regulation of social relations of an international, national, state-wide and regional nature; thirdly, it is an instrumental means that ensures not only the formalization of the law, but also its use, execution, compliance and application; fourthly, it is a functional phenomenon, providing a comprehensive impact on both the formation of the legal framework and legal regulation as a whole; fifth, it is a political phenomenon that ensures the implementation of its own law-formation policy and helps to balance the law-formation interests of other law-formation subjects.