STATE AS A LEGAL ORDER: OVERCOMING OF DUALISM BETWEEN STATE AND LAW IN H. KELSEN’S THEORY

The article is devoted to the analysis of principal provisions of H. Kelsen’s “Pure theory of law” which clarify his point of view on the problem of correspondence between state and law as well as on the legal regulation of public authorities. Special attention is given to the method by which H. Kelsen overcomes the dualism of state and law - the result that is quite important in the context of necessity to examine these phenomena not as antagonistic but from the point of view of their mutual influence and interaction.

state, law, legal rule, legal order, normativism, “ground norm”, validity, efficiency, dualism