The Conceptual Approaches to the Definition of the Legal Policy of the State in the Conditions of Hybrid War
Abstract
The main issues related to the definition of the concept of legal
policy in Ukraine and the legal policy of the state in the conditions of
hybrid war are revealed. The author’s definition of the term «legal
policy of the state in the conditions of hybrid war» is provided, three
interpretations of the legal policy of the state are considered, the
characteristic of the concept of legal policy is given.
The creation of the preconditions and indicating directions for
the development of society as a whole is assured by legal policy as a
social phenomenon. The functioning of the whole political system in
the legal field is ensured by implementation of legal policy, the
principles of democracy and social justice. Above-noted is referred to
the primary step in the formation of a civil society based on social
justice and creation of a legal State. Legal policy is provided by
consensus between members of the society, the State authorities
and the public, non-governmental organizations.
The problem of legal policy is relevant through all stages of the
development of society. In consideration of the foregoing and taking
into account the following factors: modern processes occurring in the
social space, globalizational trends and change of ideological
Foundation of the State, the transition to the new development model
of statehood – special weight must be given to the problem of legal
policy. Therefore, a new law for the modern approach for the
comprehensive study of tactics and strategies of legal policy,
principles, objectives and functions on the basis of existing
achievements in the theory of State and law and value concepts and
methodologies of other sciences is required for the thorough study of
the problems of legal policy in conditions of transformation society.
A legal definition of legal policy in the conditions of hybrid war
will be provided. So, legal policy in the conditions of hybrid war is the
kind of public policy that is reasonable and consistent activities of
state authorities, self-governing authorities with the purpose of the
creation an effective mechanism for regulating public relations in the
conditions of hybrid war, which must be expressed in the complex of
ideas, activities, tasks, programs, and policies that are implemented
in the field of law and are based on fundamental legal principles.
Despite the attempts of scientists to explore questions of legal
policy, however, is not addressed a number of issues, in particular,
does not have a legal policy in the face of a hybrid war, its contents,
the signs, types, implementation of legal forms that are required for
further scientific study.
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