Law-making Activities Research Articles

Legal liability for theft under martial law: substantive and procedural aspects

Purpose. The purpose of the work is to analyze changes to criminal legislation and legislation on administrative liability for the secret theft of someone else’s property, further judicial practice on this issue. To identify certain trends in the application by courts of legislation establishing liability for theft under martial law. To analyze the specified changes for their relevance and compliance with the basic principles of liability. The basis for such analysis is the practice of the courts of Ukraine, which is posted in the Unified Register of Court Decisions and previous theses of the author’s conferences, covering individual aspects of the problem under study. Methodology. The methodology includes a comprehensive review and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the study: terminological, systemic and structural, comparative legal and analytical methods (when analyzing and comparing existing judicial practice for several years). Results: During the research, it was recognized that changes to the legislation that provide for legal liability for the secret theft of someone else’s property are hasty, unfounded, and create new problems in law enforcement practice without solving existing ones. Originality. The research found that legislative work on legal liability, as a prerequisite for proper law enforcement, needs to be improved. The research perspective indicated that changes prompted by public demand did not respond to this demand, but were essentially a populist solution. Practical significance. The results of the study can be used in lawmaking activities to develop the necessary changes to the current legislation of Ukraine on criminal and administrative liability, as well as to continue further theoretical research in this area.

CONTENT OF THE EXCLUSIVE RIGHT TO INTELLECTUAL PROPERTY OBJECTS (PART 1)

The article analyzes the approaches of both domestic and foreign researchers of different periods of world history to the definition of the content of the exclusive right to intellectual property objects and the legislation of the Republic of Belarus. Modern concepts on the issue of the content of the exclusive right are defined. Special attention is paid to the inadmissibility of determining the content of the exclusive right by analogy with the content of the property right, as well as to the fact that the right to dispose of the intellectual property object cannot be included in the content of the exclusive right. It is concluded that in the Republic of Belarus there is no unified approach to the content of the exclusive right to intellectual property objects. The results of the study have important scientific and practical significance, can be used in law-making activity, law enforcement practice, as well as in research and educational process.

Standards for the implementation of the right to pension provision for persons discharged from military service in the decisions of The Constitutional Court of Ukraine

This article examines the special legal status and specific nature of the right to social protection afforded to military personnel serving in the Armed Forces of Ukraine and other military formations, as well as to persons discharged from military service. It is substantiated that the special nature of social protection for this category of persons is determined not by their disability or lack of livelihood, but by the specifics of their professional duties. The article examines the legal acts that determine the conditions, norms, and procedures for pension provision for persons discharged from military service. The article establishes the specifics of the implementation of the right to the following types of pensions by persons discharged from military service: 1) for long service; 2) for disability; 3) in case of loss of breadwinner. It is argued that the pension of a person discharged from military service, as a form of social security provision, must comply with one of the fundamental sectoral principles enshrined in the Constitution of Ukraine – guaranteeing a decent standard of living for all citizens. The article establishes that the subsistence minimum, as a minimum standard of social protection, is characterized by the regulation of its purpose and the systematic nature of payments. It is proven that an important principle of pension provision for persons discharged from military service is the principle of legal certainty. The article analyzes the understanding of the content of the principle of legal certainty formulated in the decisions of the Constitutional Court of Ukraine, according to which this principle means that legislative bodies should strive for clarity and unambiguity in their lawmaking activities, and a person should understand which rule of law applies in their case and have a clear understanding of the occurrence of specific legal consequences. The article provides examples of violations of the principle of legal certainty in the context of pension provision for persons discharged from military service. The article analyzes the understanding of the principle of proportionality in the field of social protection proposed by the Constitutional Court of Ukraine, according to which this principle means that the measures provided for in legal acts should be aimed at achieving a legitimate goal and be proportionate to it.

Legal Issues of Ensuring Technological Sovereignty

Objective: to identify the legal issues of ensuring technological sovereignty and to determine scientifically grounded vectors of their solution.Methods: the study is based on formal-legal, historical-legal, comparative legal methods, as well as the methodology of soft systematicity, legal forecasting, and legal modeling. Results: the article presents a theoretical and legal approach to understanding sovereignty and differentiating its types. Under modern conditions, a significant role is given to the independence and autonomy of the state in the technological sphere. The correlation of digital and technological sovereignty is considered; the latter notion is outlined taking into account the gaining popularity of the Western concept of digital (technological) solidarity. The regulatory foundation of the state strategic autonomy is legal regulation, in which the concept of technology-centrism has been firmly established in recent years. The technological paradigm of modern legal regulations was identified. It consists in strategizing the scientific and technological innovations in strategic planning documents, as well as in sovereignization and cyclization of the legal sphere, digital transformation of the culture of lawmaking and law enforcement, technologization of the legal language, expansion of the scope of legislative regulation and the volume of subordinate legislation. The analysis of the correlation between the legislative and subordinate law levels of technological positioning of the Russian Federation in strategic areas has allowed to emphasize the important systemic interrelation of the involved traditional and innovative law-making tools as they ensure technological development. The author also identifies the risks of expanding legal experimentation in the digital area of public relations, which should exclude the possibility of circumventing the established critical limitations.Scientific novelty: the work forms a theoretical and legal model of ensuring technological sovereignty, which is of strategic importance for the preservation of the Russian Federation sovereignty in its classical understanding as the main and most important feature of the state.Practical significance: the results can be used in law-making activities of public authorities to create legal mechanisms for research, development and implementation of critical and end-to-end technologies and the production of high-tech products based on them in order to ensure national security of the Russian Federation.

Physicians in congress: Professional backgrounds and legislative effectiveness

AbstractDespite a long history of physician service in the U.S. Congress, scholars have not yet provided a systematic study of physician members of Congress (PMCs) behavior once elected. Using publicly available data, the authors built a database of all PMCs, including years served, gender, and party affiliation since 1921, merging these data with information on PMC lawmaking activities since 1973. We show that, relative to other members, PMCs are substantially more likely to sponsor and have their health policies passed relative to other members. Further, PMCs are 66% more legislatively effective on health policy matters relative to other members. We show that these health policy effectiveness gains are isolated to health policy making and are not driven by committee assignments or ideological moderation. This work expands on the literatures related to the descriptive and substantive representation of occupational and economic class groupings as well as lawmaking effectiveness.

The concept of an individual act as the subject of a public legal dispute

The article is devoted to the study of the issue of the definition of an individual act as the subject of a public-law dispute, which is extremely relevant at the current stage of reforming state institutions and harmonizing the legislation of Ukraine in the process of negotiations on joining the European Union. The article indicates that public-law disputes regarding the appeal of individual acts cover all spheres of the public life of citizens and are a direct consequence of the implementation of public­authority management functions by subjects of authority. The state of administration of justice by administrative courts in 2020-2023 was studied, and a conclusion was made about the increase in the number of public legal disputes considered by administrative courts. Attention is drawn to the fact that domestic legislation is inconsistent in the field of terminology. In particular, the Law of Ukraine «On Administrative Procedure» uses the concept of «administrative act,» the Code of Administrative Procedure of Ukraine uses the concept of «individual act,» and the Law of Ukraine «On Law-Making Activity» uses «acts application of law,» «other individual legal acts,» and «other legal acts that do not contain legal norms.» In connection with this, subjects of authority often approach issues of terminological apparatus in different ways when processing hundreds of legal acts. In addition, the scientific community does not have a unified approach to this issue, operating with the concepts of «legal acts of state administration», «administrative legal acts», «individual administrative acts», «individual administrative legal acts» and «legal acts of individual action». Taking into account the researched material, it is indicated that most often an individual act is equated with the concept of an administrative act, which is narrower. Therefore, in the context of a public legal dispute, which includes both administrative and judicial appeals, it is appropriate to use the term individual act. It has been concluded that a unified understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a unified approach to their application. Therefore, the definition of an individual act is proposed.

Codification as a way of systematizing the legislation of Ukraine

The article examines the theoretical and legal issues of the essence of codification as a way of systematizing legislation. The article states that the integration processes of adaptation of domestic legislation to the legislation of the European Union oblige the domestic legislator to adapt the country’s legal system to the requirements for its systematization established by the European community. Attention is drawn to the fact that this process conditions the revision of ideas about the essence and approaches to the systematization of legislation, the introduction of new mechanisms of law-making technology. It is concluded that codification is of great importance in these processes. The article substantiates that codification, as a form of systematization of legislation, includes official activity on improvement and systematization of legal norms, which is carried out by subjects of such activity, authorized for this. It is noted that this process is carried out by systematizing legal norms into a single codified act. Codification of legislation includes a complex process of applying a special (codification) law-making technique. It is proven that this process involves the purposeful activity of law-making subjects, aimed at processing and ordering legal acts with the aim of their systematization and consistency with the needs of law enforcement activities, avoiding gaps, collisions and shortcomings. It is substantiated that the purpose of codification is the development and adoption of a single, logically constructed and internally structured act that regulates homogeneous social relations as completely as possible. It is concluded that codification should be considered a specific method of systematization of legislation, which combines the features of official systematization and law-making activity, and therefore codification has a «dual nature», which includes both the systematization of law and the active process of creating new regulatory and legal acts. It is justified that this type of activity is aimed at the radical revision and streamlining of the existing legislation, leading to the adoption of a single, fundamental and internally and externally agreed comprehensive legal act, this act regulates the most principled and fundamental social relations. It is emphasized that, from this point of view, codification should be considered as a way of systematizing legislation, and at the same time, the law-making (or law-making) process and activities of authorized subjects in this area are the content, the essence of codification.

Legal and organizational problems of development and production of innovative medicines in Russia

The article outlines the range of problems facing the Russian pharmaceutical industry as a segment of the real sector of the economy that ensures the health of the population. The necessity of an integrated approach to the formation of a model for the organization of scientific research, innovation and production activities in the designated area is substantiated; an organizational model is proposed that ensures the development and production of innovative medicines; individual legal measures aimed at increasing the effectiveness of state support for the development and production of innovative medicines (normative consolidation of the concept of an innovative drug and a scientific and technological consortium, the inclusion of scientific and educational organizations of higher education among the subjects of industrial clusters). The results of the research can be used in law-making activities and public administration practice.

К вопросу об определении места градостроительного права в системе права России

A relevant and controversial aspect in the modern theory of law in the development of the modern doctrine of the legal system is the question of the intersectoral division of the Russian legal system, the criteria for its construction, as well as the isolation and systematization of legal norms that are complex in nature. The purpose of the article is to establish intersectoral connections, criteria for systematization and the place in the system of Russian law of urban planning norms as a legal community that combines elements of private law and public law influence in the mechanism of legal regulation. A systematic approach and such logical research methods as analysis and synthesis made it possible to determine the place of urban planning norms in the system of Russian law as an independent branch of law with a special mixed type of legal regulation. Scope of application of the results: the main results and conclusions of the study can be used as the basis for the formation of new approaches to building a legal system and criteria for differentiating legal norms. In addition, the recognition of urban planning law as an independent branch of law will significantly facilitate the processes of law enforcement and law-making activities in the urban planning industry. Conclusions: the totality of the subject, method, principles, goals and functions of urban planning norms, forming a special mechanism of legal regulation, indicates the qualitative originality of the regulated sphere of social relations and the isolation of urban planning law as part of the Russian legal system as a branch of law. At the same time, the complex nature of urban planning law by type of legal regulation is due to the interpenetration of private law and public law interests.

Notification of suspicion on the web page of the General Prosecutor’s Office and in the newspaper “Uryadovyi Kurier”: requirements and algorithm of publication

The study is aimed at analysing the legal acts establishing the procedure for publishing notices of suspicion on the website of the Prosecutor General’s Office and in the newspaper “Uryadovyi Kurier” and notices of suspicion already published in these sources, determining the requirements for them and developing an algorithm for publication for prosecutors and investigators. The author uses the methods of analysis and synthesis, induction and deduction, comparative legal, formal and logical, systemic and structural, graphical and other methods of scientific research. The article establishes that the Criminal Procedure Code of Ukraine defines the obligation of an investigator or prosecutor to serve a notice of suspicion by publishing it on the website of the Office of the Prosecutor General and in the mass media of national distribution. This method of delivery is possible for both general and special pre-trial investigation regimes. It is emphasised that the notice of suspicion to be published on the website and in the mass media of the national sphere of distribution have differences in content, format, data that may be made public, and place of publication. In order to prevent possible violations, the requirements for suspicion notifications are detailed and visualised in the form of a table. It is found that the procedure for publishing notices of suspicion for investigators and prosecutors is different. The author identifies the stages required for publishing notices of suspicion for investigators and prosecutors and develops appropriate algorithms. The findings of the study can be used in lawmaking activities in the development and improvement of regulations on this topic, in practical activities by investigators of pre-trial investigation bodies, prosecutors when serving a person with a notice of suspicion, in scientific activities to continue research in this area, in educational activities to prepare materials for teaching students, cadets, trainees in legal specialties and for advanced training of investigators and prosecutors.

Efficiency as a tool for measuring law-making and its policy

In the scientific work, the author made an attempt to establish the methodological significance of the category «efficiency» in terms of the dimension of law-making and law-making policy. Attention is focused on the relevance of strengthening the scientific development of the methodology of studying law- making and its policy. It was emphasized that law-making requires systematic analysis, improvement of law-making mechanisms and the involvement of a wide range of experts to ensure the effective functioning of the legal system. Taking into account the constant changes in the social and political life of our country and the need to adapt legislation to European standards, law-making activity becomes an even more relevant phenomenon that not only needs its own scientific research, but also measurement for its effectiveness. Therefore, the relevance of the topic of this scientific work is determined both by the possibility of measuring the effectiveness of law-making, and by the necessity of such a measurement in order to provide a comprehensive assessment of the practice of law-making in Ukraine. The analysis of the views of scientists, which relate to the methodological significance of effectiveness as a tool for measuring the phenomena of legal reality, has been carried out. It is concluded that efficiency is a multidimensional tool that should establish the effectiveness of both directly law-making (on the micro-level) and the entire law-making policy (on the macro-level). It is noted that law-making and law-making policy can be studied from the point of view of their effectiveness, the results of which will have either a substantive nature (law-making effectiveness) or a strategic nature (law-making policy effectiveness). From the point of view of methodological significance, efficiency as a tool for measuring law-making and law-making policy is an independent: 1) a way of measuring indicators that reflect the result of the functioning of law-making or law-making policy; 2) a means of identifying and characterizing the role and purpose of law-making and its policy in socio-political and legal aspects; 3) a mechanism for identifying deficiencies in law-making activity and the content of law-making policy; 4) a prerequisite for substantiating ways of improving law-making activity and the content of law-making policy.

Зеленая экономика и право

The article investigates the legal foundations of the green economy. The authors determine the role of green bonds in regulating the economy, paying special attention to the study of their legal nature and obligations arising within the framework of the implementation of the specified debt legal instrument. Conclusions are drawn that can be used in law-making activities, as well as in the process of implementing financial policy by public authorities on the need to expand legal regulation and practice of using government borrowing in the form of bond issuance, while taking into account the specifics of repayment of government debt obligations in the field under study.

Transformation of the Сharacter of the Аctivities of the Verkhovna Rada of Ukraine in the Сonditions of the Legal Regime of the Martial Law

The article analyzes the process and results of the transformation of the nature of the activity of the Verkhovna Rada of Ukraine in the conditions of the legal regime of martial law caused by large-scale Russian aggression against the Ukrainian state. The study of the political discourse of changes in the organization of the activities of the Verkhovna Rada of Ukraine in the conditions of Russian aggression proved that this problem was actively discussed by parliamentary factions in the context of implementing the possibility of normative and legal consolidation of holding plenary sessions in remote mode and, accordingly, online voting of people's deputies of Ukraine. Against the background of the lack of international experience of using such an organizational form of activity of the national parliament as remote plenary sessions, Ukraine may be the first country in which the legislative body of power will introduce this innovation. The study of renewal of the activity format of the Parliament of Ukraine in the context of the problem of compliance with the standards of law-making activity indicates that it took place by means of the turbo regime, which: marked by a significant increase in the number of adopted Laws of Ukraine; is characterized by a reduction in the time of processing and passage of draft laws according to the procedure for their review provided for by the Regulation; caused a decrease in the number of registered draft laws, led to an increase in the number of violations of the law-making procedure. Analysis of the dynamics of the forms of information and communication activities of the Verkhovna Rada of Ukraine in the conditions of the legal regime of martial law indicates the need to disseminate information about the content of the legislative activities of the Ukrainian parliament only in the communication space of interested target audiences. The conducted analysis proved that the Ukrainian parliament is characterized by a high level of institutional stability and political capacity.

Біологія та культивування прісноводних раків (Astacoidea) в Україні і світі. Тематичний перелік наукових публікацій (2019–2024 рр.)

Purpose. Compiling a list of sources, which may be useful for learning about studies and issues related to river crayfish, their ecology and biology. Methodology. The holistic approach allowed getting acquainted with a broad range of literature on the study topic, while the selective approach allowed focusing on specific aspects or authors specializing in this field. Attention was focused on papers in scientific journals and collections, materials of temporary teams, as well as monographs devoted to the studies on the biology of river crayfish. Findings. A thematic list of the main works - materials of international scientific and practical conferences, articles from collections of scientific works, thematic scientific collections, journals as well as monographs and abstracts of dissertations on the biology of crustaceans and their cultivation in global crayfish aquaculture has been prepared. The cited works cover the time period from 2019 to 2024. The bibliography contains 166 publications, placed in alphabetical order and described in accordance with the requirements of the HAC, in accordance with DSTU 8302:2015 «Information and documentation. Bibliographic reference. General provisions and rules of drafting», taking into account the amendments (UKND code 01.140.40). Practical value. The list can be useful for law-making activities, maintenance of ecological security of Ukraine, for specialists, scientists, students interested in crustacean biology and crayfish farming. Key words: crayfish, management, cultivation, commercial harvest, feeding, biology of freshwater crayfish.

Complete Prohibition as a Method of Legal Regulation of Confidential Cooperation of Lawyers with Intelligence Bodies, and Intelligence Operations Privileges

Russian legislation that regulates legal relations of confidential cooperation of lawyers with intelligence bodies is characterized by inconsistencies that can be overcome optimally within the framework of law-making activities. The conducted analysis makes it possible to conclude that the most acceptable way of legal regulation of the relations in question is the ban on the establishment of legal relations of confidential cooperation. It is due to the specifics of advocacy and the special status of the legal privilege as an institution of civil society that performs significant functions in protecting the rights and legitimate interests of individuals and legal entities. At the same time, the author believes it is permissible to make an exception as to legal privileges of intelligence character by recognizing the establishment of legal relations of confidential cooperation between the relevant entities when competent authorities are in need of the assistance of persons of the specified category involved in any form in the activities of criminal groups, organizations or communities provided that such confidential cooperation is used to suppress the functioning of these destructive associations.

О перспективах совершенствования правового регулирования и организации публичной власти в сфере туризма в Российской Федерации. Опыт правового моделирования

The publication is dedicated to the issues of raising the quality of the legal regulation and efficiency of the structure and operations of public government authorities in the tourism sphere in the Russian Federation. The article analyzes the main results of law-making activities, studies approaches towards systematization of laws on travel activities and proposals for improvement of public administration in the tourism sphere that have become the basis for corresponding conceptual models.

LEGAL ANALYSIS OF TARGETING AS A BASIS FOR THE PROVISION OF SOCIAL ASSISTANCE

Introduction. The relevance of the chosen topic lies in the fact that the system of social assistance is always based on the main principle - to support those who are unable to take care of themselves. Summary of the main results of the study. At the current stage of transformation of Ukrainian society, given the progressive differentiation of incomes, the most important task of the social security system is to fight poverty. A well-developed social assistance system is an important element of a modern market economy, as people face certain economic risks and other setbacks throughout their lives that can lead to loss of income. Moreover, poverty and its interrelated phenomena such as disease, crime, and social neglect have an impact on society and economic development. However, it is difficult to define who is poor. This is especially difficult in Ukraine because of the existence of a large shadow economy, underreporting of income, and a rather weak administrative system. The problem is that in recent years, as a result of lawmaking activities, many new legal principles have emerged that guide the legal regulation of the social sphere and outline the general directions of the realization of social rights. Some principles faded away, losing their relevance and ceasing to influence the realization of social rights, while others, on the contrary, having barely appeared in social security legislation, are gaining a stronger position in the system of sectoral principles. One of these principles is the principle of targeting. Targeting is a characteristic tool of anti-poverty and cost-cutting programs. The article formulates the main principles of targeted social assistance for the poor. A brief assessment of the Ukrainian social assistance system is made. Conclusion. The article provides a theoretical overview of the targeting of social assistance as a component of the state's social policy, which in turn will have a positive impact on the effectiveness of social protection. It is important to note that in the current conditions of economic development, the problem of overcoming poverty and ensuring decent living conditions for citizens is a priority task for every state. This goal is achieved by allocating funds to the targeted, least well-off categories of the population. Thus, ideally, all those in need and the poor should receive assistance provided by the laws of Ukraine on the basis of targeted social payments. Targeting is a characteristic tool of anti-poverty programs.

Adaptation of national legislation to EU law: experience of member states and candidate states for Ukraine

The article is analyzed the experience of EU member states and candidate states for EU accession in the sphere of adaptation of national legislation to EU law. The relevance of the topic is due to the fact that on June 23, 2022, Ukraine received the status of a candidate state for EU membership, and today it is very close to the beginning of the negotiation process on joining the EU. Negotiations on accession to the EU provide for the screening of the compliance of the national legislation of the candidate state with EU law in order to identify differences between them in each part of the negotiations. After the screening, direct negotiations begin on the conditions under which the candidate state accepts and applies EU law. Each candidate country operates according to a separate schedule and can be accepted into the EU as quickly as it can adapt its national legislation to EU law (a decisive criterion for EU membership). Adaptation of the national legislation of the candidate country to EU law is a long-term process that continues even after the state has acquired full membership in the EU. It is not only about the formal adaptation of legislation, but also about the creation of institutions that ensure its compliance and implementation in practice. Ukraine, which is at the beginning of the negotiation stage, will be helped to speed up its path to the EU by using the positive and taking into account the negative experience of other states in adapting national legislation to the EU acquis. The experience of the EU member states shows that they overcame the process of joining the EU and the related adaptation of national legislation through various legal and institutional mechanisms, but always in one form or another, success depended on the coordination of the actions of the parliament and the government. In particular, it is the development and implementation of programs for the adaptation of national legislation to EU law; establishment of special institutions responsible for European integration; consultative, methodical and financial assistance of the EU and member states; control of projects of normative legal acts for compliance with EU law; a high level of coordination of the activities of state authorities involved in the process of adapting legislation to EU law, etc. At the same time, the main guarantee of successful European integration is the presence of the political will to carry out the necessary reforms in the state, a quick transition from declaring intentions to become a full member of the EU to concrete actions along the way, as well as the support of civil society. The adaptation of national legislation to EU law as a process of bringing the laws of Ukraine and other normative legal acts into compliance with the EU acquis is, first of all, a separate direction of law-making activity that requires proper legal, institutional, methodological, organizational and personnel support. However, the experience of other countries shows that the approximation of the national legal system to the EU law should also include the application and interpretation of the law in the spirit of the EU legal standards.

Real and Formal Legal Possibilities in Constitutional Norms

The philosophical-legal category "legal possibility" concerning legal norms can be considered from the perspective of the possibility of creating legal norms or lawmaking, from the perspective of the legal possibility of realization of legal norms, as well as from the perspective of the legal norms themselves or their content. Taking these aspects into account, the author especially emphasizes the importance of theoretical analysis of legal possibilities in constitutional norms of law, since it is difficult to overestimate the role of the Constitution, as the fundamental law, in the legislative system, as well as in the life of the state and society. Examining the concept or category of "legal possibility" in the constitutional norms of law, the author, using examples of articles, provisions, or principles laid down in the Constitution of the Republic of Armenia, identifies real and formal legal possibilities and conducts an analysis of objective and subjective factors (the interrelation of legal and social reality, the law-making activities of legislative bodies, the behavior of subjects of law, etc.) for transforming the formal possibilities of constitutional norms into real legal possibilities. According to the conclusion presented in the article, the analysis of real and formal legal possibilities in constitutional norms has important methodological significance, as it examines and identifies the legal prerequisites. This enables a deep understanding of the structure of the effective realization of constitutional norms, which is one of the pressing issues in lawmaking activities, also holds significant importance in law implementation practice.

Social morality and the law

The article is dedicated to the study of the interaction of norms and values of social morality and law as normative and regulatory mechanisms since their requirements are understandable for representatives of a particular society. It is shown that social morality and law are entrusted with the performance of a common function – the stabilization of social relations, which they perform by various means. It is noted that in modern times, the relationship between morality and law is represented by two trends: the stability of society can be ensured by 1) legal registration of norms and values of social morality and 2) legal protection of norms and values of social morality. The place and role of social morality in the cultural code of society are revealed. The question of the formation of morality and law in the early modern cultural and historical period is highlighted. It is proved that the formation of the modern theory of positive law and basic ethical theories (particularly, the theory of social morality) goes back to early modern times. Changes in social life in the sphere of science, production, trade, and religion, and the formation of the bourgeoisie as a class influenced the formation of the basic norms and values of social morality in the specified cultural and historical period. It is proved that within the boundaries of early modern everyday life, the formation of a new type of social morality took place. Lexical and terminological searches in the ethical sphere are characteristic of social science research of the specified period, and the formation of the modern concept of “morality” took place. Attention is focused on the fact that the modern understanding of law is derived from its modernist interpretation (law is recognized as a contract, law is the sphere of secular human activity, law is autonomous from morality and religion (the latter are relegated to the sub-legal domain), recognition of the priority of law-making and law-making activity of the state, the state is given special legal personality). The article considers morality and rights through their rationality and artificiality within the mechanistic picture of the world. Considerable attention is paid in the article to the peculiarities of the formation of individualism as a mental trait of a European and its influence on the formation of law and morality in the new era.