Dmitrienko Y.N., Ph.D., bread-winner of scientific degree of doctor of legal sciences
of the Kiev National research university the name of T. Shevchenko (Kyiv
city)
GOING IS NEAR RESEARCH
OF LAW OF I OF LEGAL STRUCTURE: PROBLEM
METHODOLOGICALLY LEGAL COMMUNICATIONS
Philosophical-legal
("methodologically is a legal" (D.A.Kerimov) concept of law as maximum causal - systembuildung after own special nature in relation to|toward| a right for consequences legal maintenance where a right is at the same time his
purposeprescribed by
structurebuild reason of theology development. It reflects in the reproduced (to the methodological context) from matterform at law
(invariant of formsubstance
sense of justice with a dominant
system elements) by volume of are nonlinear possibilities him evolutional
transformations and requires the
transcendent understanding concretely - historical transedetails of traditional positive sense of justice as
system essence of peflexion life of posttotality of right [1].
As a dominant,
evolutional priority and functionally
claimed (but methodologically not adapted)
matterform parameters of socially macrostructures
changes of kvazimethodological
order of transitional lawtranformation,
removing structural descriptions of devivant rigthconsciousness, lawunderstanding, worldideology
essence (naturally family) necessities on paradigm levels of both external, heterogeneously in a axial plane and
internal, homogeneously
not influences of axial order on creation of
legal awareness of devivantal
rigthconsciousness in forms nationally adapted lawmeasuring,
representational and necessity
of theoretic consideration
methodologically world view correlation ideological functional to the closeness of
law (legislative truth)
and legal structure (legal idea)
in the context of legal law and legal structure accordingly them othersourse determinant-indeterminant origin and correlation.
So the othersourse
motive-consequence, determinant-indeterminant correlation of legal law
and legal structure (form of devivantal rigthconsciousness
as devivantal legal
system and maintenancedevivantal sense of justice as structure) on all methodology and all functional levels, consider, can be begun from a
theoretical answer for such two
fundamental philosophical-legal question:
a) in which methodologically legal to the measure legal structures present methodical character of legal law communicative;
b) after which methodologically - a legal
limit functionally are nonlinear, theological
functional is
structured,
legal maintenance structural
copulas (transitions) of both legal law with sociallegal reality and in a legal law at the level of him
legal and unlegal structural
and system elements.
Question about philosophical-legal as methodologically legal specific of existence of natural, mentally structured, conformities to
law and legal laws of creation of certain legal structures
unlike the features of unlegal
conformities to law be - which
other natural laws of
motion or development
are inalienably required active consideration of question about functional priority of dominant of methodology philosophy mediated and systematization of existence of evolutional,
synergistically adjusted, features of structure (forms|shape|) of
laws in maintenance of legal
consciousness as
metatheory for relation,
for example, to the theory of the state and
right.
1. Gegel' G. Science logic.- M.:
Science, 2009. – 258 p.