Lyashenko R. Presumptions in the law: the questions of theory and practice

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U002368

Applicant for

Specialization

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

12-05-2011

Specialized Academic Board

К 26.053.18

Essay

The dissertation is complex scientific research of theoretical-practical bases of presumptions in the law in which the problems of historiography, the nature, structure, factors and functions of presumptions are investigated. Author's definition of concepts "presumption in the law" and "functions of presumptions in the law" is offered. . Presumptions are used at each stage of application of the law. Experience of the USA, Spain, France and the Russian Federation concerning fastening of presumptions in the legislation and practice is studied. The conclusion is drawn on necessity of concept rules, which would regulate problems connected with application of presumptions in practice.

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