Правило реальності в юридичній техніці формалізації норм права як складова сучасної правотворчої політики

The article explores the content and significance of the rule of reality in the legal technique of formalizing legal norms under current conditions of the state’s law-making policy. The authors note that the specific nature of the issue necessitates its consideration from the standpoint of integrative legal understanding, taking into account the approaches of three classical schools – positivist, sociological, and natural law. Although these schools differ in their epistemological principles, they generally complement one another, which is clearly demonstrated in this study. In particular, the formal expression of sources of law is most fully revealed within the framework of normativism; the issue of the real impact of law on social relations – within the sociological approach; while the inclusion of natural law provisions is essential due to the influence of public morality on the effectiveness of legal regulation. The realism of legal norms, considered as a rule of formalization, is analyzed as one that endows positive law with the quality of effectiveness – alongside the rules of economy, ergonomics, and flexibility – which is especially important in the context of the increasing emphasis on the reality of law-making policy. The authors emphasize that each of these formalization rules affects the ability of positive law to effectively regulate social relations, but the rule of reality is unique in that it may be considered “critical,” as the formalized norm loses its value as a regulator of social relations if this rule is not observed. The study draws attention to the factors influencing the ability of positive law to exert real influence on the regulated social relations, particularly the level of legal awareness among the population and the alignment of legal content with established notions of morality and justice. This is due to the fact that a legal subject may either be insufficiently informed about the applicable legal regulation or such regulation may contradict the moral foundations of society, which may be of high priority to that subject. The authors argue that the rule of reality does not permit variability in its application, as it is limited to only two possible outcomes: fulfilled (if the enshrined rights can be exercised and obligations performed under the conditions of objective reality) or not fulfilled (if such exercise and performance are impossible in those conditions). In conclusion, it is emphasized that the formal definiteness of positive law substantially determines its ability to have a real impact on the regulated social relations.