CONCEPTS AND SIGNS OF LEGAL ORDER: THEORETICAL AND LEGAL ANALYSIS

The article analyzes the content of the concept and the main features that characterize legal order as a socio-political and legal phenomenon. The main trends and views of scientists and scholars regarding the definition of the essence of the legal order are characterized. It was established that legal order should be considered as a settled state of public social relations that ensure the proper functioning of the state, its structures, public formations and citizens. At the same time, taking into account the pluralism of the opinions of leading scientists, the distinction between the concepts of « legal order», «public order», and «public safety» has an important theoretical and law enforcement significance. At the same time, the legal regime of martial law in Ukraine is currently significantly transforming approaches to determining the essence of legal order, especially in the areas where hostilities are conducted. Based on the analysis of scientific positions of researchers, regulatory and legal background and other empirical elements studied within the scope of the subject and object of research, the author’s position regarding the features characterizing the legal order. At the same time, a prominent place is given to ensuring legal order in the areas where hostilities are conducted. The perspective of further scientific research is the need to conduct thorough research on the maintenance of legal order in the areas of hostilities and in the de-occupied territories of Ukraine.

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Publication Details

Journal
Problemi pravoohoronnoï ta osvìtnʹoï dìâlʹnostì.
Published
2024-09-30
DOI
https://doi.org/10.59226/3041-1971.1.2024.6-11
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
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article

CONCEPTS AND SIGNS OF LEGAL ORDER: THEORETICAL AND LEGAL ANALYSIS

Олександр Кобзар
Problemi pravoohoronnoï ta osvìtnʹoï dìâlʹnostì.
American Constitutional Law and Politics
article

CONCEPTS AND SIGNS OF LEGAL ORDER: THEORETICAL AND LEGAL ANALYSIS

Олександр Кобзар
article en

Abstract

The article analyzes the content of the concept and the main features that characterize legal order as a socio-political and legal phenomenon. The main trends and views of scientists and scholars regarding the definition of the essence of the legal order are characterized. It was established that legal order should be considered as a settled state of public social relations that ensure the proper functioning of the state, its structures, public formations and citizens. At the same time, taking into account the pluralism of the opinions of leading scientists, the distinction between the concepts of « legal order», «public order», and «public safety» has an important theoretical and law enforcement significance. At the same time, the legal regime of martial law in Ukraine is currently significantly transforming approaches to determining the essence of legal order, especially in the areas where hostilities are conducted. Based on the analysis of scientific positions of researchers, regulatory and legal background and other empirical elements studied within the scope of the subject and object of research, the author’s position regarding the features characterizing the legal order. At the same time, a prominent place is given to ensuring legal order in the areas where hostilities are conducted. The perspective of further scientific research is the need to conduct thorough research on the maintenance of legal order in the areas of hostilities and in the de-occupied territories of Ukraine.

Problemi pravoohoronnoï ta osvìtnʹoï dìâlʹnostì.(1)
Human Growth Foundation (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
American Constitutional Law and Politics
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