PROVISIONS OF LEGAL POSITIVISM AND SOCIOLOGICAL TYPE OF LEGAL UNDERSTANDING AS A COGNITIVE BASIS FOR STUDYING THE VALUE AND LEGAL ASPECTS OF INTELLECTUAL PROPERTY

Abstract

The purpose of the article is to establish the cognitive potential of the provisions of legal positivism and sociological type of legal understanding to study the value and legal aspects of intellectual property. The author substantiates the relevance of scientific knowledge of the provisions of legal positivism and the sociological type of legal understanding as a cognitive basis for the study of value and legal aspects of intellectual property. It is proved that the results of theoretical research will depend on the basis of scientific research on the relevant provisions of the types of legal understanding. The methodological basis of the work is a set of the following components, which include: principles of scientific knowledge (comprehensiveness, objectivity, publicity, reliability, system, etc.), as a system of cognitive provisions that determine the content of scientific knowledge of legal positivism and sociological type of law, their research potential, ensure its integrity and complexity, the reliability of scientific knowledge, act as the only possible means of providing a scientific basis for research and the growth of new knowledge; methodological approaches (phenomenological, axiological, hermeneutic, etc.) that determine the cognitive strategy of the study of the provisions of legal positivism and sociological type of jurisprudence, their importance for the value dimension of intellectual property, provide conceptualization of research results; methods of scientific research (philosophical (worldview), general scientific and special-scientific), the functional capabilities of which are aimed at studying specific cognitive aspects of the provisions of these types of legal understanding. The scientific novelty of the study is due to the fact that the article is a modern scientific study, which identifies and characterizes the cognitive potential of the provisions of legal positivism and sociological type of legal knowledge for the study of intellectual property as part of legal values. The results of the study substantiate a set of conclusions, which show that the provisions of 1) positivist type of legal understanding characterize the value-legal aspects of intellectual property through the prism of its manifestation in the form of: a system of established mandatory rules of conduct reflecting the public interest. power mechanism to guarantee and protect the rights of subjects of intellectual property rights; 2) sociological type will contribute to the study of the origin, development and functioning of intellectual property under the influence of social factors that are integral and real, effectively influencing the field of intellectual property and the content, nature, effectiveness of its legal support.