Tomashevs'ka M. Corporative acts in of Law sources of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U002183

Applicant for

Specialization

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

20-05-2005

Specialized Academic Board

К 26.867.01

Essay

The dissertation is dedicated to comprehensive research and determination of corporate acts nature in legal system of Ukraine as well as within its legal sources system. In this study general theoretic problems of conception are roused, along with analysis of characteristics, functions, substance of corporative acts and corporative norms. For detailed and substantial research of corporative acts in the dissertation were studied positions of soviet, contemporary and foreign scientist, contained with defining conception "corporative act" and "corporative norm", their legal nature and substance. Author set out her own position about these problems. Specialties of corporative norm's structure, their main characteristics, functions and classification were examined. Were recognized ways and manner of corporative norms and proposition of law interaction and the interaction of corporative norms and norms of morality. The corporative norms place and meaning for regulation legal relationship in different Ukrainian law branches. The conception of corporative act is covered, described its characteristics, examined legal force and the place in hierarchy of legal acts. Determined corporative act to have the least legal force in compare with legal acts, but for all that corporative acts also differ from each other by legal force inside the corporative legal system. Are given the criteria for corporative acts classification. The right of the organizations is analysed on acceptance on its own behalf of corporate acts obligatory for execution. Was established the nature of Corporate rulemaking, which author characterize as objectively developed and legislatively certain right of the organizations on regulation of own activity by acceptance of legal norms. In details considered the Problems of creation and acceptance of corporate acts, requirements of legal technique are determined concerning structure, language, style and a legal language of the corporate acts. Necessity of carrying out unification of corporate certificates is proved, rules and receptions of its carrying out are investigated, the high degree of specialization of corporate certificates which should be taken into account during their unification is marked.

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