DOCTRINE OF LEGAL ORDER IN UKRAINIAN AND FOREIGN JURISPRUDENCE: STATUS AND PROSPECTS OF CONVERGENCE LEGAL ORDER AS AN EMPIRICAL STATE OF LEGAL LIFE IN SOCIETY (OR WHATSOEVER)

Abstract

I.INTRODUCTION I contemplated a lot on the subject of the scientific category “legal order”, which was solidly established in domestic jurisprudence, however for some reason was not developed at all by Western legal scholars in some other countries (mostly post-Soviet). The terms “law” and “legal order” are used as synonyms there, despite the fact that they are not semantically identical. For instance, in German the law – die Recht, the legal order – Rechtsordnung, although in some dictionaries it is also translated as “law”. Approximately the same situation in the English language: law – rights, legislation, legal order – legal system, which are also used synonymously to denote rights and legislation. Legal reality, for many Western authors, is called either law or legal order, without any difference in the meaning of these words. In this regard the book of the French scientist J.-L. Bergel is indicative, as the author intertwines these categories easily and naturally 1 . In Ukrainian jurisprudence, the content of law and legal order is filled with different meanings. Law in its most general form is a value-normative system, partly generated and maintained by the authorities, and the legal order is the actual state of public relations, the legal sphere of society, which is formed under the influence of law, is the result of the influence of the law on society. Thus, law is a kind of legislative model, and the legal order is the real, actual (and qualitative) state of the legal life of society. Law reflects due, legal order – matter in the legal sphere. As a result, I seem to understand one of the reasons for these differences. The law (legal values, precepts, principles) has long been an integral part of the conviction in the Western legal tradition, and its component – jurisprudence, that it has rigorously embodied in the phenomena of human and social reality – the behavior of people, the relationship between them. Cases of deviation from law (violation of law, abuse of law) receive the