Gender law and the legal system: problems of theory and practice

Taking into account the rapid development of modern society under the influence of a combination of various factors, it can be stated that the legal system of Ukraine is in constant dynamics, which is manifested, in particular, in the appearance of its new structural elements designed to meet the urgent needs of society. One of these newly formed components is gender law, the emergence and development of which is currently causing a lot of discussion. Thus, the article analyzes the purpose of gender law and its place in the legal system of Ukraine through the characteristics of gender law as a field of law and its connection with other structural elements of the legal system. Attention is focused on the fact that gender law is a new branch of law that is beginning to form in the modern legal systems of states that have declared democracy, which is based on the provision and application of means of ensuring the equality of human rights regardless of gender, as well as establishing the limits of permissible differences in rights depending on gender. It was concluded that gender law has an independent subject and method of legal regulation, given that we can talk about gender law as a full-fledged branch of law that exists alongside other structural elements of the legal system. The subject of legal regulation of gender law and its interaction with other branches of law were characterized, which showed the importance of its isolation and further study for the proper functioning of a civilized, democratic, legal society. An example of the implementation of the imperative method of legal regulation within the framework of gender law is given. The role of provisions on ensuring gender equality in the law-making process has been determined by analyzing the need for gender-legal examination of normative legal acts. The dependence of the provisions of gender law on the principle of equality and the principle of non-discrimination, which should be considered the fundamental ideas of gender law, has been traced. A number of theoretical problems are identified, in particular, the lack of general recognition of gender rights by the field of law, and their practical consequences.