Kotenko N. Systematic method of interpretation and its use in the court practice of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U006199

Applicant for

Specialization

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

25-10-2013

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The Candidate thesis is a comprehensive scientific study of theoretical and practical aspects of the Systematic method of interpretation of legal norms and special features of its use in the court practice of Ukraine. The Dissertation examines the history of the formation and development of scientific views on interpretation of legal norms and its place in the relevant activities. Functional possibilities of the philosophic outlook and the conception of the world, general and special-scientific methods were established in order to determine the nature of the Systematic method of interpretation of legal norms, its conceptual aspects, place value and content of its use. The thesis notes the ambiguity of scientific understanding of the interpretation methods of legal norms and systematic way of interpreting the rules of law, it distinguishes their special features, and on bases of that the Dissertation uncovers a generalized understanding of such concepts as "way of interpretation of legal norms" and "systematic method of interpreting the rules of law". The work determines the role of relations between the rules of law as the basis for their systematic interpretation, as well as it generalizes the scope of relations between the rules of law that one should take into account while using the systematic method of interpretation of legal norms, providing the opportunity to set their typology. The role of the systematic method of interpretation of legal norms used by the Constitutional Court of Ukraine was determined on the basis of the analysis of its own practice of interpretation, some weaknesses were found, as well as the ways to eliminate them. The thesis determines the role of systemic method of interpretation in the activities of courts of general jurisdiction of Ukraine, and it singles out the shortcomings of their use of the systematic method of interpretation, as well as grounds recommendations to improve such a use.

Files

Similar theses