CONDITIONED BY HUMAN NEEDS AND INTERESTS OF LAW-MAKING AND NATIONAL LAW-MAKING

The article is devoted to the analysis of the concepts of «law enforcement « and «law-making», as well as quantitative indicators of the use of the terms «need» and «interest». Analyzing the concepts of «law enforcement» and «law-making», it is emphasized that legal science distinguishes in the process of formation of positive law (its formation, emergence) law-making as its separate component. And in this whole process, the role of human needs and interests is very important, because any positive right is intended, in one way or another, to be an effective tool for satisfaction those needs and interests, or at least effectively contributing to their satisfaction. Considering the positions of N. M. Krestovskoji and L. G. Matveevoji, M. I. Kozyubry, A. S. Pigolkina, O. V. Popova. I. M. Senyakina, law-making is defined as the intellectual and volitional activity of the competent state bodies, the people, territorial communities, the basis of which are human needs and interests and which is carried out by establishing, changing or abolishing legal norms. Calculating quantitative indicators of the use of the terms «need» and «interest», we conclude that: – the Ukrainian legislator pays the greatest attention to the needs (interests) of the personal (183 cases) as well as economic (98 cases), unlike political (44 cases), in the field of social protection (11), cultural and spiritual (1). And this is quite understandable, because satisfaction all other needs and interests depends on satisfaction exactly these; – the codes of Ukraine most frequently mention needs (interests) collective (187 cases), instead individual ones — 104 cases, individual collective ones — 101. This is due to the fact that a person as a social being can not exist entirely independently of society, because most of his actions, which actually ensure its existence, are dependent on the activities of many other people.