The scientific-practical Law Journal
“Almanac of Law” Volume 13 (2022), 119-122 p.
Lutcky R. P. Legal monitoring of the formation and development of positive law (theoretical-historical aspect)
The aim of the research is to identify the main stages that the current law passed in the course of its evolution. And focus attention that in the beginning of the development of humanity law existed in the form of «custom» (the customary normative system), from which in the process of its development formed a modern «current law» (positive law). Which is characterized by complex hierarchical connections and special rules of acceptance. The research methodology is based on the principles of historicism, systemicity, science, interdisciplinary. The following general-historical methods have been used: historiographical analysis, historical-genetic, terminological analysis, comparative, typological. The scientific novelty of the basis of a wide range of published and unpublished researches of in the sphere of the principles of the formation of law we have systematized and substantiated the formula of cause-effect relationships, which ultimately made a decisive influence on modern positive law.
Conclusions. The current làw, as well as the formation of the state, has undergone a significant historical path of its formation and development from the primitive custom to the established positive law of the state. At the same time, in the early states, the customary way of legal regulation prevailed, even under persistent and ever- strengthened attempts by public authorities to influence the legal life of the contemporary society and dominate it through the judicial and administrative apparatus.
The very origins and principles of the current legislation can be found in the social regulation of the primitive society, which was carried out, first of all, with the help of customs, taboos, morals, etc. At the same time, the main principles of customary law as the first form of positive law were mythological and religious principles, which also evolved and were supplemented in the process of further development of its forms. The origins of the current legislation, which reflect the historical beginning of its phased formation and development, are different in certain time and social terms.
As for the current làw, it arose in the conditions of gradual and long-term formation of socially heterogeneous society, as well as development, first of all, socio-economic relations. At the same time, the historical conditions of the emergence of the officially established modern positive law, that is, the law of law, are formed, including, and through the prism of social interests, layers close to the state apparatus. These circumstances made it possible to make such managerial decisions that would better protect their property rights and opportunities through the prism of the formation of positive law, which has a universal character for the whole society.
Key words: society, state, positive law, absolute law.
1. Gavrilov O. A., Kolodayeva N. P., Pigolkin A. Ñ. and others. Scientific fundamentals of Soviet lawmaking: Otv. edit Halfina R.O.; Academy of Sciences, Institute of State and Law. Kyiv: Nauka, 1981. 317 p.
2. Lazarev V. V., July S. V. Theory of state and law: a textbook for high schools. 3-rd ed., Pererab. and supplement. Harcov: Spartak, 2004. 527 p.
3. Trubetskoy E. N. Lectures on Encyclopedia of Law. Moskva: From A. I. Mamontov, 1977. 227 p.
4. Fuller L. L. Anatomy of Law: Science Edition / per. from english N. Komarova. Kyiv: Sphere, 1999. 144 p.