Belyaeva G.S. On the issue of legal instruments essence and system

Abstract: The article considers the questions of essence and system of legal instruments, the main stages of formation of the theory of legal instruments and the instrumental approach in law. The scientists's views on the legal nature of legal instruments are analyzed, the certain conclusions concerning the essence and the maintenance of this legal phenomenon are made. The author considers the system of legal instruments, the grounds for their classification and the peculiarities of legal order as a complex legal instrument filling with primary legal instruments. The study uses the various general scientific  methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system and structural, the functional and formal and the logical approaches. The special methods are presented by the special sociological and the statistical methods, and the particular – by the formal-juridical, the comparative and legal and the method legal norns interpretation.The novelty of the research consists in systematization of essensial characteristics of legal instruments and identification of the core factors - the bases for classification of legal instruments and peculiarities of functioning of simple (elementary) legal instruments within their integrated complexes (legal orders). The theoretical judgments of the author are confirmed and illustrated by legal sources.

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