THE THEORETICAL AND METHODOLOGICAL ANALYSIS OF LEGAL SYSTEMS AND THEIR CLASSIFICATION

The article presents a comprehensive theoretical and methodological analysis of legal systems and their classification. The legal system is examined as a complex structural entity encompassing legal norms, institutions, regulatory mechanisms, and legal culture. It is determined that the strategic direction for the development of Ukraine's legal system is the improvement of the conceptual framework of legal science, which will contribute to strengthening the rule of law, ensuring legality, and maintaining legal order. The study explores the main approaches to the classification of legal systems, including the historicalgenetic, civilizational, comparative-legal, and legal style concepts. General criteria for the typology of legal systems are analyzed, taking into account sources of law, methods of law enforcement, ideological, and socio-cultural factors. Three main groups of legal systems are distinguished: those of economically developed countries, developing states, and post-socialist nations. Special attention is given to mixed legal systems that combine elements of multiple legal traditions. The existence of subnational and supranational legal systems is also considered. The article analyzes the specifics of the legal systems of the European Union and the Council of Europe, which operate based on international legal agreements. Additionally, religious legal systems founded on normative prescriptions of religious doctrines are examined. It is established that the classification of legal systems is a dynamic process influenced by historical, political, and social transformations. The study concludes that further scholarly research is needed to enhance the methodological foundations of legal system typology and its adaptation to globalization processes.

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Publication Details

Journal
Bulletin of Luhansk Scientific-Educational Institute named after E O Didorenko
Published
2025-01-01
DOI
https://doi.org/10.32782/2786-9156.109.1.9-18
Primary Topic
European and International Law Studies
Type
article
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article

THE THEORETICAL AND METHODOLOGICAL ANALYSIS OF LEGAL SYSTEMS AND THEIR CLASSIFICATION

O. P. Panasiuk, I. O. Shcherbatiuk
Bulletin of Luhansk Scientific-Educational Institute named after E O Didorenko
European and International Law Studies
article

THE THEORETICAL AND METHODOLOGICAL ANALYSIS OF LEGAL SYSTEMS AND THEIR CLASSIFICATION

O. P. Panasiuk, I. O. Shcherbatiuk
article en

Abstract

The article presents a comprehensive theoretical and methodological analysis of legal systems and their classification. The legal system is examined as a complex structural entity encompassing legal norms, institutions, regulatory mechanisms, and legal culture. It is determined that the strategic direction for the development of Ukraine's legal system is the improvement of the conceptual framework of legal science, which will contribute to strengthening the rule of law, ensuring legality, and maintaining legal order. The study explores the main approaches to the classification of legal systems, including the historicalgenetic, civilizational, comparative-legal, and legal style concepts. General criteria for the typology of legal systems are analyzed, taking into account sources of law, methods of law enforcement, ideological, and socio-cultural factors. Three main groups of legal systems are distinguished: those of economically developed countries, developing states, and post-socialist nations. Special attention is given to mixed legal systems that combine elements of multiple legal traditions. The existence of subnational and supranational legal systems is also considered. The article analyzes the specifics of the legal systems of the European Union and the Council of Europe, which operate based on international legal agreements. Additionally, religious legal systems founded on normative prescriptions of religious doctrines are examined. It is established that the classification of legal systems is a dynamic process influenced by historical, political, and social transformations. The study concludes that further scholarly research is needed to enhance the methodological foundations of legal system typology and its adaptation to globalization processes.

Bulletin of Luhansk Scientific-Educational Institute named after E O Didorenko(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 88%
European and International Law Studies
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