Kirilenko I. Local rulemaking in today's society: theoretical and legal aspects.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002989

Applicant for

Specialization

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

02-07-2015

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

This dissertation is a complex scientific research of theoretical and legal aspects of local rulemaking in today's society. These aspects have been demonstrated as the phenomenon that ensures reality and effectiveness of local level of legal governing. The scientific views' incipience and development history in reference to questions of meaning of local rulemaking concepts, essence and contents has been researched in this thesis work. The local rulemaking's role and the place in system of law-making activity have been researched in this dissertation. The author has found and analyzed functionality of methodological points of view, philosophical and world's outlooking, general scientific and special scientific methods of local rulemaking research as theoretical and legal and practical phenomenon. Also the author has determined methodological perspectives of local rulemaking learning. The ambiguity of scientific understanding of "the local rulemaking" and "the subjects of rulemaking" concepts has been observed, and their characteristics have been separated. General understanding of these concepts has been revealed. The author has determined nature and essence of local rulemaking, has justified the standards' system of classification of the subjects' local rulemaking, and has provided characterization their varieties. The aspects of procedure of local rulemaking have been found out as conditions of its effectiveness. The author approach to division into periods of local rulemaking has been offered. The phase's contents and the stage of local rulemaking have been defined. Considering that the result of local rulemaking is in appropriate act this thesis work has characterized nature and essence of local regulations, their legal and technical features have been determined. The contents of signs and varieties of regulations have been revealed. On the basis of these proceedings the definition of "the local rulemaking" concept has been specified. Analysis of practice of local rulemaking has helped to isolate its disadvantages and has helped to justify the ways of improvement of local rulemaking and local regulations.

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