Сучасні підходи до інтерпретації поняття юридичних конструкцій

In this article, the authors highlights the general theoretical characterization of the key concept of jurisprudence which is an element of the terminology in the field of knowledge of legal technique. The main emphasis is placed on those methodological approaches which allow by the modern authors to characterize the legal construction and legal constructing in a certain context. Among the main methodological approaches which are most typical for modern research and which are characterized in the article, the author names the systemic, structural and functional, instrumental, normative, and psychological approaches. The authors points out that a harmonious combination of methodological approaches in accordance with the purpose of the study allows for the most complete and objective picture of the concept of legal constructing. The authors also points to the fact that modern theoretical jurisprudence has developed different ideas regarding the content of the concept of “legal construction”. At the same time, almost all authors agree that common features should be distinguished, such as the structured nature of the phenomenon, its possible typologization, the ability to combine into higher- level systems - complex constructions, and the functional orientation of the phenomenon is explained by its ability to facilitate the creation and systematization of legal acts. The author’s definition of legal construction was proposed and its understand as an ideal model. The authors made a theoretical assumption that legal construction are intended to be a modelling system of interactions of social relations which are subject to legal regulation. It is recognized that the constructs themselves do not have a regulatory impact on the behavior of social subjects, but they allow organizing the legal instrumentarium in such a way that the modeled complexes of legal means can successfully fulfill the role of a regulator with appropriate guarantees and legal consequences. In formulating the author’s definition, the author also takes into account the position that construction (modeling) is the ability of the intellect to form ideal images, and the construction itself is the result of purposeful creative activity caused by the needs of legal regulation and the interests of social subjects.