Функціонально-видова характеристика юридичних конструкцій

The article provides a scientific review of the main author’s approaches of understanding the phenomenon of legal construction in the aspects of functional approach and species classification. Both aspects allow for a more complete picture of the construction phenomenon, given that this issue is not sufficiently developed in theoretical jurisprudence, although there are relatively solid developments, including at the level of dissertation research. While the functions allow us to understand the purpose of legal constructions in legal regulation, to understand their instrumental capabilities, but the use of the classification method with the use of various criteria allows us to look at this phenomenon from the standpoint of the multiplicity of forms of manifestation, to reveal its structure, which is formed as a complex entity with division into certain classes and subsystem elements. Together, they give meaning to the concept of the internal structure of the legal construction, and allow us to see the internal systemic interactions necessary to ensure the harmony of the law in certain areas of social regulation and in society as a whole. It is emphasized that the functional characterization allows not only to identify certain functions of a phenomenon, but also to reveal its significance for the professional activities of lawyers. The interpretative function of a legal construction has a practical significance, and when skillfully used, lawyers are able to comprehend the true meaning of a legal provision, and to identify the legislator’s will which was laid down through a legal text and special modeling. It has been proved that it is also important to understand the methodological function of legal constructions, which is most often manifested in the implementation of cognitive tasks. However, in the field of rulemaking, it is also necessary to have a clear methodological toolkit which allows formulating legal provisions in accordance with the purpose of legal regulation. The authors also emphasize that in the process of drafting legal acts, specialists use the so-called models of organization of social relations based on a clear distribution of rights, obligations and prohibitions, which indicates the need to distinguish the modeling function. The authors formulates conclusions which indicate the most significant provisions related to the allocation of types of legal structures and understanding of their most important functions.