Legal doctrine: aspects of understanding

• Main Author: Ігор Вікторович Семеніхін
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2018-06-01
• Series: Проблеми Законності
• Subjects: legal doctrine; legal science; source of law; legal interpretation, legal thought
• Online Access: http://plaw.nlu.edu.ua/article/view/130708

The focus of this article is the research of the nature of legal doctrine, its features, content and the role in legal practice. Actuality of the working out of the legal doctrine is closely connected with the problem of determination of its role and significance in the development of Ukrainian law. It is concluded that legal doctrine has not only descriptive, but also prescriptive character (contains elements of the things existent and the proper). Describing law, carrying out its logical or economic analysis, scholars find gaps in legislation, desuetude of the legal norms, their non-compliance with the principles of law, etc., and prove the need to establish / change / abolish legal rules or institutions of law. The legal doctrine exists and develops in the system of coordinates, which are set by traditions, ideological, cultural, religious keynotes of society.