Zharovska I. Accessibility of law: legal-theoretical problems.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U003131

Applicant for

Specialization

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

22-06-2006

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This thesis covers legal-theoretical problems of accessibility of law, prospects of its improvement. The work analyses legal means of providing the accessibility to law. The author provides her own definition of the accessibility of law, indicates its historical and legal basis. It is stressed that the accessibility of law is guaranteed through the number of factors, among them the main are constitutional law of an individual to know his rights and duties, maxim "the ignorance of law doesn't release one from responsibility", the principle of clarity and openness of parliamentary procedures; publicity among state authorities, legal simplicity of statuary acts, wide access to justice. On the basis of analysis of the person's right to know his rights and duties and maxim "the ignorance of law doesn't release one from responsibility"; it's indicated that these are the basic constitutional guarantees of building an effective model of the accessibility of law. On the ground of comparatively-legal analysis ofthe realization of the principle of publicity and clarity of parliamentary procedures in Ukraine and other democratic states, the author is proving the necessity of deeper introduction of it into the work of parliament. The necessity of optimization of the publicity principle in the work of state bodies is showed, as well as importance of producing the unified legislative rules for providing the legal simplicity of statutory acts and their publication. The author gives an analysis of factors that contribute to the producing of optimal model of legal informatization in Ukraine and to provide an access to justice.

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