Իրավունքի հնարավորությունից իրականություն վերածման պայմանը և իրավունքի կենսագործումը / The Condition for Transforming Law from a Possibility into Reality and its Realization

Existing legal possibilities transforming into legal reality only in the presence of the corresponding conditions. Therefore, the identification of these conditions has significant practical importance, taking into account which the author considers it necessary to highlight and thoroughly analyze these conditions. First and foremost, the author emphasizes that law, as a possibility, transforms into reality through its effective realization. Then, based on the methodological approach to legal understanding, the author considers the realization of law in the broad sense of law, including both the essence of law or “objective” law and positive law, as well as the realization and materialization of subjective rights and duties in social relations. During the analysis, the stages of the legal process of the realization of law are also discussed, as well as their differences depending on the legal systems. According to the conclusion presented in the article, the first and primary condition for the transformation of law from a possibility into reality is the realization of the essence of law in legal phenomena, while the categories of “legal reality” and “legal possibility” characterize the dialectic of the development of the essence of law. The second - subsidiary condition is the problem of the effective realization of the relevant legal norms or laws (as a form of expression of the essence of law), which is addressed, but not fully resolved, during the law-making process, through the timely identification and correct selection of real, formal, general (abstract), specific, actual, necessary and random types of legal possibilities. At the same time, aside from law-making activities, the formation of the content of legal possibilities and their effective realization may be influenced by a number of objective regularities and subjective factors that are independent of the will of the lawmaker. And finally, an important condition for the transformation of law from a possibility into reality is also the will of the subject of law.