MATERIALISTIC THEORY OF LAW ABOUT THE MECHANISM OF TRANSLATION OF LAW FROM POSSIBILITY INTO REALITY

Abstract

This paper examines the philosophical and theoretical aspects of the materialist doctrine of law and provides a critical vision of the positivist theory of law. The authors revealed that, according to the materialistic legal understanding, objective law, like any regularity, becomes a natural phenomenon only after it is embodied in specific factual relations. To achieve such results, the principles of law must pass through four stages: positive, individual, and concrete law, and factual relations. Thanks to this mechanism, the role of the norms of international law in the regulation of international relations rises, as well as the status of the individual as an independent subject of legal regulation, through whose efforts it is only possible to translate the positive law into reality. It is also revealed that a valid law is a set of norms of a positive and specific law that correspond to objective law as its basis and are embodied in actual relations. Implementing the rules of law in specific relations, expressing the subjective arbitrariness of the legislator, which does not correspond to their objective basis, does not and cannot generate a valid law in the absence of such at the formal, normative level. The methodological basis for the study is doctrinal research methods such as historical and comparative, formal-logical and other research methods. The results of this study can be research material for researchers in the theory and philosophy of law and provide more opportunities for understanding the role of the materialist theory in jurisprudence.