Доктрина права: понятие, этапы становления и перспективы развития

Abstract

The author made an attempt to determine the place and the role of the legal doctrine in the state regulatory mechanism. The author claims that the legal doctrine is a special category, with a specific language which presents legal terms and which can formulate regulations (axioms, principles, definitions, etc.), and what is equally important - the dominant, non-documentary form of their expression. The doctrine, being the starting point for revealing legal phenomena, forces them to examine them in detail. The article presents the etymology of the term "doctrine", defines its forms, describes the ways in which the doctrine influences the development of the legal system as an element which orders social relations. The author notes that the legal doctrine is always a product of scientific activity and this is the reason why it enables to define the dominant type of thinking and understanding of the law. Theoretical and legal approaches that have officially gained public support create concepts of law reforms and ideologically guide its development. All the institutions operating in the legal space refer to the doctrine of law - as its source. The perpetuated doctrinal goals and principles favor gradual changes in social relations. However, only the results of deep, multifaceted and comprehensive research can aspire to the status of legal axioms, dogmas and principles. The doctrine of law is nothing but the expression of the creation of a new legal worldview. The article also describes the basic stages of the emergence of the legal doctrine as a regulator of social relations, it analyzes the premises determining the ineffectiveness of applying the doctrine of law and the legal policy of a modern state, as well as prospects of their evolution.