Shalinska I. Acts of «soft law» in the system of sources of law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003909

Applicant for

Specialization

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

12-06-2015

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The thesis presents a comprehensive research of the problem of acts of «soft law» in the system of sources of law. Evolution of views and main historical stages of formation and development of the concept of «soft law» are analyzed. Main approaches to understanding of the concept of acts of «soft law» are specified and the summarized conception of the special aspects of the legal nature of acts of «soft law» is determined. The term «recommendative rules» is defined and proposed to refer them to the type of the specialized rules of law. Definition of acts of «soft law» is given, their main features, functions and subjects are highlighted. Classification of acts of «soft law» is performed, place and role of acts of «soft law» in the international legal order and the national system of sources of law are investigated. The ways of transformation of rules of acts of «soft law» into the rules of acts of positive law are released. The main perspectives for the development and approval of acts of «soft law» as a part of the system of sources of law are developed.

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