Concept of «law»: Traditional Approaches аnd Innovations

Аt the present stage of formation of the national model of legal system in Ukraine, the determination of one of the most important concepts of law i.e. «legislation», its functions, structure and elements, becomes important. A theoretical study of development of approaches to the definition of «law» is conducted in the article. The author discussed and described the main approaches to the definition of «legislation», analyzed main approaches to the concept of «legislation» in the opinion of the Constitutional Court of Ukraine and noted that the concept of «legislation» has no single definition. Designated approaches consistently show «saving» way of the concept of law. In its structure, properties and functions the entire history of the process of its formation, the whole mechanism of legal rulemaking is reflected. But, in general, the legislator keeps to the traditional approach in understanding the term «legislation». This traditional approach «is materialized» in the current legislation of Ukraine and the legal branch sciences embodied in a number of scientific papers and practical legal circulation. Relations between the concepts «law» – «legislative act»; the role and importance of secondary regulations as structural elements of the legislation are examined separately. The question of a place of international treaties in the national legislation, and regulations that have been adopted before the independence of Ukraine was proclaimed, is clarified. It is noted that the modern legal doctrine of Ukraine in the interaction between national legal systems and national legislation to the system of international law recognizes the partial primacy of international law limited by the Constitution of Ukraine.