Ключевые слова: право, правомерное поведение, правомерная мотивация поведения, права и свободы человека, справедливость, равенство, государство, гражданское общество, позитивная юридическая ответственность.
Sviridenko G. V. Lawful behavior: theoretical-and-practical basis.– On the right of the manuscript.
Thesis for obtaining a scientific degree of Candidate of Sciences (Law), speciality 12.00.01 – theory and history of state and law; history of political and law doctrines. – Institute for State and Law named after V. M. Koretskyi of the National Academy of Sciences of Ukraine, Kyiv, 2017.
The thesis investigates theoretical and applied principles of lawful behavior. Author analyzes current theoretical and methodological approaches to the study of lawful behavior as a phenomenon of social reality, the criteria for determining the legality and illegality behavior; proposes definition of the term «legitimate motivations»; gives characteristic of the mechanism of lawful behavior formation.
Considered characteristics and structure of lawful behavior. It is noted that the main features of lawful conduct are: 1) compliance with requirements of law; 2) social usefulness; 3) provision of support and protection from the state and law; 4) basing on the good will of the individual; 5) massive and long nature of its action. In addition, justified four-element structure of lawful behavior, namely: 1) subject; 2) subjective side (positive motivation of behavior); 3) object; 4) objective side (compliance of actions to law and a socially useful result).
Explains the concept of «legitimate motivation of behavior». It is reported that lawful motivations can be defined as enshrined in the rule of law potential possibility for individuals to satisfy their needs and legitimate interests through the use of subjective rights and fulfillment of legal obligations that usually exceeds the behavioral requirements. This may result in obtaining both material and intangible benefits (specific legal component). Lawful motivated behavior carries out by lawful means (methods) that are inherent to law as a normative institutional formation. Lawful motivation – a special mechanism that is a combination of internally organized legal means, by which ensured the emergence and development of appropriate relations (relations in the area of lawful behavior). Means of lawful motivation of behavior – a legal phenomenon, the result of action of which is active behavior of individuals in social relationships (social component).
Key words: law, lawful behavior, lawful motivation of behavior, rights and freedoms of people, justice, equality, state, civil society, positive legal responsibility.