LEGAL UNDERSTANDING AND DEVELOPMENT OF LAW CONTRA LEGEM

The article examines the ideological foundations of the development of contra legem law and lists the types of legal understanding under which the doctrine of contra legem law development may gain or lose its effectiveness. The main purpose of the work is to present the types of legal understanding under which the doctrine of contra legem law development is possible. The doctrine of contra legem law development can be applied in conditions of legal relativism, when no type of understanding of law is absolutized. The doctrine of natural law creates fertile ground for the development of law contrary to the law, while strict legalism excludes any manifestation of the development of law contrary to the law by a judge. The article examines the doctrine of contra legem development of law from the perspective of various types of legal understanding, in particular exclusive and inclusive legal positivism. The study is based on the dialectical method of cognition, using general scientific as well as special methods. The article consists of the following sections: introduction, types of legal understanding that justify and exclude the development of law contra legem, the development of law contra legem from the perspective of the doctrine of natural law, the development of law contra legem in the context of exclusive positivism, and conclusion. It is concluded that the development of contra legem law is only possible if a particular legal system allows for a liberal-pluralistic perception and interpretation of law. The doctrine under discussion finds fertile ground in the doctrine of natural law. Accordingly, it is opposed by opponents of the ideas of natural law, as well as manifestations of extreme, legalistic positivism.