Ovcharenko I. Laws in the system of the sources (forms) law and theirs qualification

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U001136

Applicant for

Specialization

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

27-02-2004

Specialized Academic Board

К.64.700.03

Essay

The dissertation is devoted to the search of law (lex) as a form of law, its place and role among other formal sources of law, demands to its quality; definition of qualificational traits of Ukrainian laws (constitution, constitutional, usual: common, special, specialized), charachteristics of theirs types in accordination to certain criterions of classification and nature and meaning of model laws for harmonization of national legislation. It is devoted that law (lex) is a priority form of the law in the system of other forms (sources) of law and the tendentious of the strengthening of the role of judicial precedent and normative treaty in Ukraine as subsidiary forms of law that obtain especial meaning in the process of neutralization and blocking the acting of unlawful laws are marked. The propositions to fix in Ukrainian law ”About normative acts” a status of all current laws in theirs hierarchical subordination and to amend Constitution of Ukraine are formulated.

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