Polataiko I. Implementation of legal ideology in the legal systems of the present: theoretical and legal characteristics.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001918

Applicant for

Specialization

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

25-06-2018

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The theoretical analysis of the concepts of «legal ideology» and «legal system» is carried out. The study of their interrelation is proposed to be considered at the philosophical-ideological, general legal and special legal level. Separating the main features of legal systems and legal ideology, it is indicated that legal ideology is an integral part of the legal system or legal families, entering into their structure as an element of the ideological sphere, and also defines the content and directions of legal regulation. The peculiarities of the implementation of the fundamentals of legal ideology in legal systems and legal families of the present are determined. After analyzing the essential features of legal ideology, the peculiarities of its implementation in legal consciousness, legislative, pronouncing and enforcement activities are determined. Analyzing the influence of legal ideology on Romanic and Germanic ideology, it refers to the influence of ancient Roman and German law, the combination of natural and positive law principles, which provides the division of law by structure (on private and public, material and procedural, regulatory and security), and also organically provides the convergence possibilities with other legal families of our time. The basis for the development of the legal ideology of the Anglo-Saxon legal family is not determined by the supremacy of the law as the main source of law, but by the principle of priority (rule of law), confirmed by life in general and legal practice in particular.

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