Mangora T. Political and legal views of A. Yakovliv.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006648

Applicant for

Specialization

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

30-11-2015

Specialized Academic Board

К 26.053.18

Essay

The object of researchistheoretical andlegalheritageand activitiesof A.Yakovlivagainst the backdrop ofsocial and political processesof the investigated period. The subject ofresearch is thepolitical andlegal views ofA.Yakovliv. The purpose ofthe studyis to clarify therole and importance ofpolitical and legalviewsof A.Yakovliv; complex studyof scientific andpublic-political activity; identifyingthe most importantcomponentsof its artistic to modernlawmakingand enforcement. Research methods. The methodological basis of the research is a set of philosophical-ideological, general and specially-scientific methods of cognition. With the help of the dialectical method of cognition the comprehensive approach to explain the process of political and legal view formation of A. Yakovliv is provided, the content of its legal, scientific, state and public-political activity is revealed. Application of hermeneutical method made it possible to understand the works of the scientist, to reveal their content, to analyze archival material, monographs, articles in newspapers and other publications, which allowed considering the political and legal views of A. Yakovliv. The taskof the researchledstudyingmaterial based ona combination ofbiographical, chronological andproblem-theoretical methods. Scientific novelty of the results is that it was firstly investigated the political and legal viewsof A. Yakovliv, based on his public, public-political and scientific activities; the value of the scientific contribution to modern scientific theory and state lawmaking was motivated. The scientific novelty of the thesis and the author's personal contribution characterize the following results of the research: firstly, proved that the scientific heritage of A. Yakovliv - is a holistic concept of law and the state Ukraine on the basis of legal sources, under the influence of Ukrainian customary law and foreign law; the archives, that contains unexplored and insufficiently investigated facts and biographies of the scientist are introduced to the scientific use; the authorized periods of the research activities of A. Yakovliv, the main criterion of which is the evolution of scientific views on state-legal phenomena and extra - place of residence is proposed; improved: assessments and conclusions concerning certain facts forming the legal world and state-legal activities of A. Yakovliv; the idea of the use by A. Yakovliv the comparative method in the researches; were further developed:conclusion of A. Yakovliv's belonging to Representatives ofUkrainianstatehoodtrends inhistoriography;principles for significant contributions in Yakovliv's research of customary law, Ukrainian-Moscow Treaty XVII - XVIII century., Magdeburg Law, dig proceedings, impact of foreign law on Ukrainian law;opinion on the concept of Ukrainian statehood of A. Yakovliv, which he linked to the historical rights of the Ukrainian nation, which recognized the dominant role in the establishment and the state. The practical significance of the results is that the statements and conclusions in the dissertation, allow the usage of the scientific heritage of A. Yakovliv on scientific and practical levels.

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