Континентальний тип правових систем: наукові інновації дослідження в контексті сучасних реалій

The change of the world order under the influence of globalization challenges determines the need for the study of legal phenomena in the context of modern realities. This applies, in particular, to national and interstate legal systems, especially their identification and typology, clarification of the state of their functioning, trends and prospects for development. An important group of legal systems that require such research are continental-type legal systems, which represent different states and development trends, due to the peculiarities of the evolution of their formation, historical and other factors. The aim of the article is to study continental-type legal systems using the cognitive constructs «identification code of the legal system» and «indicator of the functioning and development of the legal system». In the process of research, sociological methodology was used, which allowed analyzing a significant number of official documents and scientific sources. Comparative law methodology made it possible to identify similar features of continental-type legal systems. Technical and legal analysis contributed to the formation and application of legal constructs, such as: «identification code of the legal system» and «indicator of the functioning and development of the legal system», as well as the application of special legal terminology, including industry methodology. Three groups of continental-type legal systems are distinguished: the first – legal systems that use the legal form for effective functioning and development, evolutionary transition to a new legal form; the second – legal systems that use the legal form to ensure stable functioning and development, as well as improving the quality of typical indicators, indicators of permissible deviations; the third – legal systems that use the legal form for other purposes, replace the purpose of the legal system and in which tendencies towards the loss of the legal form are formed and there is a threat to the development of society as a whole. It was found that all legal systems that were the object of the study belong to the continental type and are formally inherent in them typical indicators. However, in the first group, deformations of typical indicators and indicators of permissible deviations are not recorded; in the second group, some deformations in the indicators of permissible deviations and certain tendencies (not too threatening yet) towards a regressive state were recorded; in the third group, deformations of both typical indicators and indicators of permissible deviations (in particular, substitution of the goals of the legal system) and tendencies towards a regressive state, loss of legal form were recorded.