Механізми Детермінуючого Впливу Законодавства На Правосвідомість

Abstract

The article is devoted to the study of the mechanisms of the determining influence of legislation on legal awareness. Legal awareness is a key element of a person's social life, which determines his perception and understanding of law, moral norms, ethical principles and justice. Legislation, for its part, is a system of legal norms and principles that regulate behavior in society and determine the legal context in which an individual functions. The article determined that the main factors determining legal awareness are legal influence and legal regulation. In turn, the specific mechanisms of legal influence and legal regulation are different. While legal regulation is carried out through a system of legal norms, legal influence functions both with the help of legal and non-legal means. The methods of legal regulation include permits, obligations, prohibitions, incentives, recommendations, punishments, benefits, etc. Legal influence, in turn, is usually divided into informative and value-oriented (educational). The informational "channel" of influence consists in raising a person's awareness of appropriate behavior patterns contained in the legal norms, while the value-orientational "channel" is aimed at the assimilation by individuals of those values produced by society and inherited by each succeeding generation. Using the example of legislatively-oriented activities of the LGBTQ+ community in the USA and the European region, we demonstrated the effectiveness of the mentioned mechanisms for determining the development of legal awareness. At the same time, the author summarizes that the changes that occur in a person's worldview as a result of changes in legislation are not instantaneous. Therefore, people sooner or later tend to accept those humanistic provisions that are reflected in the legislation, through the application of legal enlightenment, as well as methods of legal regulation. And although positive law is not a sufficient condition to guarantee that legal consciousness will change in accordance with its provisions, it nevertheless serves as a "favorable ground" for the development of the necessary views.