Author(s): Vasyl Topchiy, Andrii Boichuk, Olena Zhydovtseva, Alyona Shevtsova, Vitalii Serohin, Mark Voronov, Yuliia Hradova
This article examines the content of the legal value of man in the positivist type of legal understanding. It is revealed that the essence of human legal value in normative jurisprudence is conditioned by the necessity of knowledge of the law itself and the necessity of realization of human interests and needs by means of law. It is substantiated that the basis of "human-oriented" positive law should be natural law, which corresponds to the need for its humanization, recognition and real process of implementation of natural human and civil rights, which serve as an appropriate guideline and criterion for assessing positive law. It is found that knowledge of the essence of human legal value within positive law is possible only if the study of the theoretical basis of legal positivism, identifying both positive and negative characteristics, and the adoption of positive law as a relevant value for man cannot be completely arbitrary, and the value positive law is possible only in the case of its unquestionable compliance with natural law. It is proved that the use of general principles of law in the process of formation, development and functioning of the legal system is an indicator of a high level of legal culture of both rule-making subjects and persons whose activities are related to the application of law; under such conditions, the state respects the person as the highest social value, and the person, in turn, is confident in the protection of the state. It is substantiated that the study of human legal value within the positivist legal understanding inevitably leads to the unification of scientific thought efforts to state the following fact: human legal value is manifested primarily in its awareness of the importance of natural legal values and the need to reflect them in positive law, but not is limited to this, and requires consideration of the efforts of scientific thought to integrate the value aspects of legal understanding, which are due to different forms of law.