SHADOW RULES IN THE CONTEXT OF LEGAL SYSTEMS STABLE DEVELOPMENT UNDER CONDITIONS OF UNCERTAINTY: UKRAINIAN AND COMPARATIVE ASPECT
Authors:   Vasyl’ Stus Donetsk National University, Vinnytsia, Ukraine, Mikhailina Tetiana , Hotsuliak Yurii ,   Vasyl’ Stus Donetsk National University, Vinnytsia, Ukraine
Published: June 2023

The subject of the study is shadow norms as a factor of instability of the legal system. The aim of this section as part of a general study is to analyze the impact of shadow norms on the stability of the development of legal systems in the context of Russia’s aggression in Ukraine (which in itself can be characterized as a state of uncertainty). The research methodology is presented by the following methods. Scientific research is based primarily on dialectical and structural system analysis, content analysis as a method of quantitative and qualitative evaluation of data, the method of legal comparative studies, extrapolation and formal legal method. The hypothesis of the study was partially confirmed, as it was found that shadow norms can in some cases even be useful, pointing out the mistakes of the government and legislator. However, in conditions of social and legal uncertainty (such as Russia's military aggression against Ukraine), shadow norms become particularly dangerous and widespread, posing a threat to the stable development of the legal system. As a result of the study, it was revealed that shadow norms are part of relevant norms that are unwritten, not binding, but extend their effect to a wide range of public relations, operate in parallel with official law, but contradict its letter or spirit. Shadow norms have varying degrees of public danger, starting with relative benefit or neutrality (as an indicator for state bodies that their actions are not perceived by society and need to be corrected) and ending with extremely dangerous manifestations (such as shadow norms of organized crime). According to the level of public danger the state has two main options for action: 1) adjust their actions in accordance with the public request (regarding shadow norms of the first type); 2) use the means of legal liability and introduce more stringent forms of control (in relation to shadow norms of the second type). It should be noted that under martial law, state bodies should focus on supporting the country's population (because there are no people or businesses who would not have suffered from military aggression in Ukraine at all), and not on controlling and applying legal responsibility. This would help at least partially stabilize the legal and social system, as they are at the limit of their capabilities at this stage. Moreover, the emergence and spread of shadow norms is often associated with distrust of state institutions, as well as the generation of shadow regulators by themselves. Especially if we are talking about the violation of basic human rights and freedoms by state bodies and officials, which occurs during a crisis state, which is military aggression. Shadow norms at the present stage have become a direct threat to the development of not only national legal systems, but also to the international global legal system, which is "captured" by shadow policy. This leads to a crisis in the activities of international organizations and international law as such.