Delegitimization of Law in the Context of the Validity of Law Concept

Introduction: The legitimacy of law has received increasing attention in the legal literature in recent years. Nevertheless, the procedural aspects of this topic, namely the aspects of legitimation and delegitimation of law, have not yet been sufficiently researched and are not becoming paradigmatic for the theory of law, which determines the relevance of their research. The abnormal functioning of law, which can partly be explained through the concept of delegitimization of law, also poses some difficulties for legal theory. To this end, the article suggests two main perspectives in which a legal norm may lose its validity: in conditions of legal uncertainty (through incorrect interpretation) and in conditions of legal certainty (through circumvention of the prohibition and imitation of lawful behavior). Purpose: to reveal the specifics of delegitimation as a legal process that differs from other related legal concepts. Methods: the approach of dynamic legal understanding, certain provisions of normativism and the general theory of communication. Results: the mechanism and reasons for the delegitimization of law are described, which can be used in the development of the general theory of law, philosophy of law, as well as in the analysis of judicial practice and forecasting the adoption of legally significant decisions. The author also proposed new concepts related to the topic of delegitimization: «the ontological status of a prohibitive norm» and «mechanisms limiting the interpretative potential» of a legal norm. Conclusion: it is concluded that delegitimization is an independent legal phenomenon that reveals the boundaries of the validity of law. The author substantiates that delegitimization can have not only a negative, but also a positive effect if the delegitimized norms contradict the principles of justice and the foundations of law and order.