Право і правова безпека в сучасних українських реаліях

Abstract

The article examines the peculiarities of law and legal security in modern Ukrainian realities. It is determined that law is a mechanism which, through the application of legal norms of which it is a part, should ensure the effective functioning of democracy and democracy in the state and the functioning and further development of the social system. It is established that the Ukrainian legal system is undergoing a reconstruction phase, in which administrative and legal mechanisms are being transformed into mechanisms of self-regulation and self-organisation. The author establishes that essential factors of law stability are correct definition and certainty of each element, completeness and absence of contradictions. It is established that the basis of the concept of legal security is the conditions, sources, methods and mechanisms of negative impact (falsification of legal provisions, conflicts of provisions, legal gaps, inadequate implementation procedures, neglect of the effect of provisions, substitution of concepts, corruption, etc. The author determines that legal security is a component of national security. Its content consists of the implementation of national interests in all areas of national security, protection of national interests in the security sector, as well as legal regulation of legal relations and legal protection of the creation of state and non-state institutions with the necessary and sufficient conditions for the effective functioning of law and legal order as a crucial regulator of social relations. It is noted that legal security is one of the constant needs caused by the natural conditions of life of a person, society and mankind. It should also be considered a universal human value designed to ensure a person's existence as a public good. The author identifies the factors that significantly impact the institutionalisation process of an individual's legal security.