НАУКОВО-ТЕОРЕТИЧНІ ПІДХОДИ ДО КЛАСИФІКАЦІЇ СУЧАСНИХ ФУНКЦІЙ УКРАЇНСЬКОГО ПРАВА

Віконський Василь Васильович
2019 Zenodo  
The purpose of the article is to reveal the scientific-theoretical approaches to the classification of modern functions of Ukrainian law. The systemic social, political and economic transformations taking place in Ukraine determine the urgent need to reform the domestic legal system, which at the same time aims to ensure the implementation of law and order, through raising the level of justice, and to be able to properly interact with the legal systems of the leading European countries. In this
more » ... countries. In this process, the ideological function of law plays a leading role, as it is proved in the research, because it acts as a regulator of social relations and directly influences the increase of flexibility of the system of law in the direction of increasing its efficiency for overcoming the current social and legal challenges of the present. It is found that the classification (distribution) of the functions of the right to social and legal is losing its meaning. It can be stated that the functions of law, such as educational, economic and informational, are also special (legal) functions of law, which testifies to the change of relations between law and the state, that is, at the present stage of national state formation and legal formation there is an exemption of law from the state, which allows take a different look at the classification of law functions, and indicates a change in the functional characteristics of law. Therefore, taking into account the realities of the Ukrainian legal system, the most optimal classification of modern functions of Ukrainian law is their division according to the principle of fundamentality and branch of law (common to all branches of law), intersectoral (characteristic of two or more branches of law), sectoral (functions of a single branch) rights), institutional (refer to separate legal institutes), sub-institutional (fixed and implemented at the level of separate legal sub-institutes, which are derived from separate inter-sectoral and sectoral rights their instituti [...]
doi:10.5281/zenodo.3678767 fatcat:yrv2ee6knff7hcpndswv77j6dy