Mincovich-Slobodyanic O. Legal policy as a factor of lawmaking and the application of law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U005454

Applicant for

Specialization

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

10-09-2010

Specialized Academic Board

К 26.053.18

Essay

Dissertation is devoted to the research of general-theoretical aspects of legal policy. With the purpose of forming the theoretical foundations of legal policy filiations, the two basic beginnings of policy and law are analyzed, and what I found out is that the law is the basic foreground of legal policy, and the policy is its motivation. The term of legal policy is based on that. The principles and the contents of the law policies are sorted out and are consistently analyzed. The basic forms of the legal policy realization are set - lawmaking and law application. The legal policy is interpreted as a factor which influences their forming and shows the quality of functioning of the other forms. The basic tools of legal policy are analysed and they are defined as the legal act, permission and control and supervision. It is defined, that the conception of the legal policy consists of basic blocks that let it use the plan of its development effectively and optimize its functioning. Conception of the legal policy by strategy and tactic is developed. The expediency of the legal policy is determined by its efficiency which is the index of the lawmaking and the application of law condition. The main stages of the legal policy and its deciding priorities are selected.

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