Adaptation of the Principle of Subsidiarity in Western and Eastern Legal Systems

The article is devoted to covering the essence and adaptation of the principle of subsidiarity in socio-economic relations and administrative legal relations of subjects of various levels, which were formed during the XX and XXI centuries, and how the gradual change in the role of the principle of subsidiarity affected its further adaptation in various legal systems. Research methods. The work was carried out on the basis of general scientific and special methods of scientific knowledge, including the comparative legal method and analysis. Results. For a reasonable analysis of the possibility of adaption of the subsidiarity principle in Western European and Eastern European legal systems, the main theoretical and legal approaches to the definition of the concept of "principles of law" were generally considered through pre-grouping researchers and members of the scientific community by territorial affiliation and political-legal systems, namely by dividing them conventionally into "Western European" and "Eastern European". In addition, taking into account that the scientific approaches were considered starting from the XX century, the global formation of the opinion on the principles of law in the totalitarian (Soviet) system, in comparison with the Western European opinion, was analyzed as well. Based on the coverage of approaches to the definition of "principles of law", approaches to the definition of the principle of subsidiarity were highlighted, but also in the present time, namely, within the post-Soviet and European scientific space. Conclusions. Having familiarized with the theoretical and legal approaches to the principles of law of the above-mentioned groups of scientists in the Soviet and European scientific communities, it was possible to conclude that the adaptation of the principle of subsidiarity, as a modern principle of law (administrative), to totalitarian regimes or systems with a high level of centralization of powers would be challenging, if not impossible. After all, the content of the principle of subsidiarity, without distorting its genesis and high social orientation which was formed by the Catholic Church, is directed precisely to decentralization and expansion of powers and independence of subordinate subjects of the system, which is difficult to allow under totalitarian power. Bringing up the relevant issue, the article emphasizes the importance of understanding historically determined processes and their impact on socio-economic relations in society and, as a result, the possibility of adapting certain principles in modern legal systems.