of law is the reliable protection of the rights and freedoms of man and citizen. It should
become the most important direction of state policy. It is precisely in the transition to
a market economy that a rigid differentiation of citizens is between the rich and the
poor, where the latter make up the majority. Therefore government programs are
needed to support the socially disadvantaged population. It is a question of the real
fulfillment by the state of its responsibilities in relation to a person, which is established
not only in international regulations, but also in the national constitution of each state.
A person deprived of the most necessary in life cannot support the policy of the state,
positively evaluate its laws, and this affects the formation of the legal consciousness of
society, which is the basis of the construction of civil society.
Research results. The necessity of establishing parity relations between a person
and society, person and state arose from the moment of the emergence and execution
of the state as a stable institution. But awareness of the importance of this issue occurs
when the question arises of a clear separation of spheres of existence and coexistence
of the individual and the state. A significant contribution to the development of the
theory of human rights was made in the middle - at the end of the nineteenth century,
a positivist trend in philosophy and jurisprudence. The positivist paradigm was built
on the priority of the law, which is formed and operates under certain conditions,
therefore it is possible to analyze the state of law through the analysis of the law and
the reflection of the general principles of law in it.
Cognition of the essence of law fell to the background. It was necessary to
investigate the form of law in order to provide the general notion of law. But such an
approach did not deny the need to establish the limits of freedom of the state and man,
state and citizen. The formation of the Ukrainian legal-positivist concept took place in
line with pan-European positivist discourses, because many scholars of law, who began
their studies in Ukraine, were trained at leading European universities, listened to the
lectures of the founders of the positivist direction and became the adherents of these
ideas.
Among the Ukrainian authors which belong to the sociological direction of
positivist jurisprudence, we must call Yu. S. Hambarov and M. A. Hredeskul. This
trend was characterized by a critical approach to dogmatic jurisprudence (legal
positivism). Yu. S. Hambarov is considered a famous civilist, but they forget about his
many theoretical developments concerning the essence of the content and the role of
law depending on the environment in which it arises and transforms. In the opinion of
this author "To reduce all jurisprudence to the interpretation of the current law, and
even to that which is expressed only in the legislation of a country, providing that such
an interpretation should be limited only to the material contained in this legislation, it
means to really lead jurisprudence, as a science, to bankruptcy. ... Any right is part of
the whole, called society, and from which it receives both its own content and the basis
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