Nevzorov I. The principle of legitimacy in law applying activity

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U000937

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

15-02-2003

Specialized Academic Board

К 64.700.03

Essay

The dissertation contains complex general-theoretical research of action of a principle of legality during realization of law applying activity. After the analysis of a condition of scientific development of problems of legality and law application in our legal literature at the end of XIX - at the beginning of XX century the author researches the questions of the nature and attributes of the legal principle, the role and the place of legality in system of principles of the law, defines legality as legal principle, analyzing its practical value for daily legal practice of law applicant. Specific attributes of legality as principle of the law are determined. The question of structural elements of the given principle of the law, its purpose, object of influence, function is separately explored. In the dissertation the questions connected to the legal nature of law application (concept, attributes, functions, structure, subjective structure) are in-vestigated. Questions on limits of law applying activityand in-terrelation between a problem of legality in law application and the problem of interest in the right are considered.

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