THE FORCE OF LAW AND ITS VALIDITY IN THE CONTEXT OF DIALECTICAL LEGAL COMPREHESION 

УДК 340.12

DOI 10.37566/2707-6849-2024-3(48)-4

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Mykhailo TEPLIUK,

Doctorof Juridical Sciences, Merited Lawyer of Ukraine,

 Correspondonding Member

of National Academy of Legal Sciences of Ukraine

Deputy Secretary General, Secretariat

of the Parliament of Ukraine –Head of Central Legal Department

Oleksii YUSHCHYK,

Doctor of Juridical Sciences, Professor,

Merited Lawyer of Ukraine, Chief Research Scientist

Department of Constitutional Law and Local Self-Government

THE FORCE OF LAW AND ITS VALIDITY

IN THE CONTEXT OF DIALECTICAL LEGAL COMPREHESION 

The article examines the question of the relationship between the concepts of "validity of law" and "force of law", which is key, in particular, for supporting processes of development, improvement and functioning of the informational base of legislation.

There is no doubt that access to the text of the law in its control state, which means the version of the law that is valid on the relevant calendar date, should be understood as a necessary condition for the correct application of the laws of Ukraine in solving any legal issues. We would like to highlight: the version of the certain law valid not at the time of application, but at a specific determined moment. From this arises need to form an informational base of the legislation, which would guarantee that every subject of legal relations could find an answer to the question: what is the valid (or not valid) text of the certain law at any given moment of time.

At the same time, the formation of such an informational base, as seen in practice, requires not only appropriate knowledge of legal techniques, but also a clear understanding of some general theoretical concepts, in particular, the concepts of "force of the law" and "validity of the law", as well as an understanding of their correlation. Meanwhile, legal science has not yet formed such an understanding based on a scientifically proven general theory of law.

Thus, the specific technical and legal problem of maintaining the current legislation of Ukraine in a control state requires, as a necessary condition for its proper solution, clarification of the concepts of validity and effect of the law from the point of view of a scientifically proven general theory of law. The article describes new scientific approaches to the correlation of these concepts. They are based on the previous research of the authors and can be used both for developing the general theory of law (concerning legal normative act as a cornerstone element of the legal system), and for the specific purpose of futher improvement of the informational base of legislation of Ukraine.

Key words: validity of law, force of law, legal force of law, informational base of legislature, control state of law.

References

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O. Yushchyk. The Crisis of understanding law and dialectical theory of law. Pravo Ukrainy (Law of Ukraine). 2016 (3), p. 258-265.

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O. Yushchyk. Sketch of the dialectical theory of law. Pravo Ukrainy (Law of Ukraine). 2016 (6), p. 156-166.

M. Tepliuk, O. Yushchyk. The Concept and Classification of Legal acts: a critical dimension. Journal of National Academy of Sciences of Ukraine. 2024, book 31 (2), p. 34-45. 

M. Tepliuk. The Concept of Validity of laws in the aspect of constitutional jurisdiction. Viche. 2012 (4), p. 25-28.