ТЕОРЕТИКО-МЕТОДОЛОГІЧНІ ПІДСТАВИ ДОГОВІРНОГО ПРАВОВОГО РЕГУЛЮВАННЯ

Abstract

Hryshko U. Theoretical and methodological basis contractual legal regulation. The article presents an analysis
of theoretical and methodologicallegal regulation in a modern globalized and transitive society. The conducted content analysis of the current legislation of various sectoral legislation provides an
opportunity to motivate the demand for contractual structures involved in the regulation of relations. In general, modern practice shows the lack of an agreed concept of agreements, which indicates possible gaps in regulation and creates problems of a praxiological nature. It is indicated that an important
basis for the introduction of contractual legal regulation is the harmonization of its boundaries with
state licensing regimes. Aspects of the relationship can be different: parallel and individual operation of one of the types of regulation. It is proved that collision regulation cannot be allowed. The theoretical bases of contractual legal regulation in modern conditions of society development are singled out, namely: it requires
bilateral / multilateral expression of will of subjects of legal relations; must contain a standardized consensus of the contracting parties; implementation of the personal will of the parties in contractual relations;
targeting achieves a useful social result; the possibility of settling relations with the help of individual norms.
The authors are motivated that the basis of modern methodology in the represented field of analysis
should be: a combination of approaches to the coherence of private and public regulation, which
involves a combination of individual (contractual) and public law criteria in the formation of public relations,
reflects the need for reasonable proportional choice legally regulated and permitted behavior; a synergetic
approach, which is useful in the study of an updated understanding of all legal phenomena in global society and helps to identify the transitive basis of contractual regulation; an expanding approach that reflects the expansion of contractual regulation through the penetration of contract law into public law and administrative relations, the transformation of all legal policy towards the humanization of law,
liberalization of legal relations, democracy and the human rights dimension. aspects of the basis of contractual