ОСНОВНІ КРИТЕРІЇ ВИЗНАЧЕННЯ ПОНЯТТЯ «ПРАВОМІРНА ПОВЕДІНКА»

Abstract

The concept of «lawfulness» is one of the main terms of modern legal doctrine, and its meaning is not limited by a rigidly defined constant or interpretation. In the everyday or general sense, this concept means something that is of significant importance from the point of view of compliance with existing legislation in society. This is expressed in the implementation of norms and rules established in legislation to regulate social relations.

Since law is a specific normative-regulatory system, the purpose of which is to regulate existing social relations through the unilateral establishment or sanctioning by the state authorities of relevant rules of conduct, actually regulating the rights and obligations of all subjects of social relations, its content, including norms determining legality certain actions, must correspond to the entire set of desirable and permissible relationships in a given society.

However, the introduction of meaningful criteria for determining the legality of people's behavior significantly affects the theoretical and practical aspects of identifying and stimulating legality in mass social activity. Formal criteria have the advantage of ease and clarity of their application. They are convenient and versatile for legal practice and theory. However, it is important to realize that meaningful analysis is absolutely necessary for understanding the essence of lawful behavior and defining it in the context of specific social conditions and values.

Such an analysis involves taking into account a wide range of factors, such as human rights, moral values, ethical norms, social norms and other subjective factors. Taking into account these criteria, it is possible to get a deeper understanding and evaluation of the lawful behavior of a person from the point of view of its benefit to society and its relationship with general goals and values.