LEGAL DOCTRINE AND SCIENCE: INTERPETATION, PROBLEMS OF USING

Abstract

Abstract. In Ukraine, there is a significant role of the legal science, which is conditioned primarily by the establishment of our state as a democratic, social, legal, which complies with the standards of the rule of law, ensuring and protecting human and civil rights and freedoms. That is why the development and improvement of science and legal doctrine in Ukraine are topical today. This article discussed the essence of the legal doctrine, its interpretation by various scholars, the connection of the legal doctrine and science and the problematic moments of the implementation of the provisions of the legal doctrine in practice. It was concluded that the legal doctrine should be understood as scientific articles, monographs, recommendations, comments of well-known legal scientists, in particular members of the Scientific Advisory Council, which can be used by judges of the Supreme Court and the Constitutional Court of Ukraine in forming their legal positions and as a basis for their future decisions. It was also found that the legal doctrine as a combination of developments important for the state and society is assessed above the legal science. The doctrine is always formulated taking into account the peculiarities of the legal system and the basic legal traditions of the state, which allows to regulate the needs of the state in the most qualitative and complete way by offering options for solving problems arising in the process of its development. The role of the doctrine, which is manifested primarily in the formation of understanding of the law and definition in the implementation of the law, as well as in the establishment of the ideal image of the law, the need to reform and improve the branches and institutions of law, was analyzed. At the end, it was concluded that it was through the legal doctrine that the concepts, principles and designs produced by the law science acquire clarity and definition and can be used by the courts as a basis for legal conclusions. Therefore, the legal doctrine can be justified by means of influence on the legal system through the activity of the legal scientists.