Volodymyr Machuskyy

Senior lecturer

Department of Theory

and History of State and Law

Faculty of Law

Kiev National Economic University

Abstract translated

Olena Oleksiyenko

Motus jus continuus

Keywords: law, legal theory, philosophy of law, conception of the law

1. Permanent self-definition of society stipulates the necessity of understanding of the law. Understanding of the law must contain the conception of the law as a generality, the law as feature and the law as separateness.

2. The motion of the law is the determinant point of understanding of the law. Divisible unity determines motion of the law from general – the law, through the special - legal adjusting, to separate - to the law and order.

3. The denial of comprehending of reality, proclamation of the limited nature of knowledge creates scientific delusion - phanomen of the law.

4. Immobilize of phanomen of the law is condemned to unattainability, extra-mundane existence and does not have natural reality. In fact the law is nomen - eternally movable, real and reasonably actual.

5. The law as the generality is the law as itself and answers a question "what" (reason). The law as the feature is an action of the law – it is the legal adjusting and answers a question "which way" (action). The law as a separateness is an object-matter of the law – it is the law and order and answers a question "why" (aim).

6. The generality of the law is relatively belonging, the feature of the legal adjusting is really actual, the separateness of the law and order is really essential. Generality, feature and separateness, so far as resist to each other, as each of them is contained in each of them.

7. The law as the generality is boundless and the boundlessness of the generality stipulates boundlessness of the conceptions of the law. The person as the separateness is ending and at presence of only one person the law is nonsense.

8. The law in a person is endless and the law as an idea is boundless. The law in the person and the law as an idea do not resist to each other, but combining become a reality.

9. Development of the law and the person is caused by the mutual penetration of the law in the person and the person in the law. The law engendered into the person goes outside and combines with the law as an idea.

10. The law can indefinitely long exist without a person, but realization of the law without persons is impossible. Reality of the law is possible only through unification of the legal adjusting and legal relationships.

11. The law is the state of mind. Every man has the law in himself, but for not a person the law is unattainable. Awareness of the law is motion from the person through the subject of the law to the law person.

12. The man, comprehending himself as the person, having the law in himself and ability to create the law outside, becomes a subject of the law in a legal relationship.

13. The law and order as a separateness for the law is a generality for the person of the law. Return motion of the law occurs from the person as to the separateness through subject of the law as features to the law person as to generality.

14. The law person is a freedom as the state of mind. An idea of the law is also a freedom. The law and the person have a general subject-matter - materialization of the law. Realization of the law is the law and order.

15. The person as separate through the subject of the law as special becomes the law person - general. In the law and order the separateness of subject and the generality of the law (subjective and objective) are combined.

16. The motion of the law as an abstract conception has a consequence a going of the law beyond the abstraction and passing to other state - legal adjusting. The law as being renounces itself and becomes the reality of the law - legal adjusting. The legal adjusting is no longer the law but contains the law in itself.

17. The law as the generality and the law and order as the separateness are united by the legal adjusting – by feature and action of the law. The legal adjusting is the consequence of awareness of the law by society.

18. The legal adjusting is taken to establishment of obligation, prohibition or permission. The obligation, prohibition and permission, can be set either by the legislation (by a normatively-legal act) or the court decision (judicial precedent). The legislation and the decision of courts are two parties of one legal adjusting.

19. The legal adjusting by normatively-legal acts occurs due to the formula: an idea of the law is a legal norm - relations. The legal adjusting by the court decisions occurs due to the formula: relations - the legal norm – an idea of the law.

20. Differences between a normatively-legal act and court decision influence neither their essence as positivity nor their ultimate goal. The legislation and justice are directed to the same object.

21. The legal adjusting as special has the source of the generality – the law and tends to attain the separateness - specification of rights and duties of the subjects of the law.

22. The legal relationship as special for the subjects of the law, having the source the separate – the rights and duties of the subjects of the law, tends to attain the generality - objectification of rights and duties of the subjects of the law.

23. The general binding overs of the rules of the law by means of the legal adjusting are specified in rights and duties of the subjects of the law (participants of legal relationship), and the rights and duties of the subjects of the law, by means of legal relationship, objectify in the general binding overs of the rules of the law.

24. The separateness for the law and the generality for the subjects of the law are the law and order. In the law and order the separateness and generality, subjective and objective are combined. The law and order are realization of the idea of the law – the perceived form of being of the law in society.

25. The subject of the law realizes itself through relationships with other subjects of the law. The subjects of the law as the separateness, inherent contradiction. Contradiction of the separateness is eliminated through the feature. The feature for the subjects of the law is legal relationships. The separateness through feature attains to the generality – the law and order.

26. In the law and order the subject of the law by realizing itself thereby realizing other subject of the law. The law and order holds in unity different subjects and provides realization of subjectivity.

27. The law and order as generality for the subject of the law is the separateness for the law - by the subject-matter of the law. An idea of the law as generality through the legal adjusting, as the feature, is incarnated in the law and order as the separateness. Reality of the law and order is conditioned by unity of the subject of the law and the law itself.

28. The law and order is the subject-matter not only for the law but also for the subject of the law. The law and order that is the law, more precisely, perceived form of being of the law. The unperceived form of being of the law is the law and order.

29. The development of the subject of the law cause to the law person. The law person goes beyond the law and order and combines with the idea of the law. The law person requires neither the law and order nor the law.

30. Unification of the person and idea of the law creates the harmony of the law. The harmony of the law is beyond of the law and order and the subject of the law. The harmony of the law is the beginning and end-off of the law – motus jus continuus.