Peretiatko G. Influence of morality on legal regulation in Ukraine: general theoretical aspects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005302

Applicant for

Specialization

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

05-12-2018

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The purpose of the research is the complex general theoretical description of the influence of morality on legal regulation in Ukraine. To realize this purpose, the correlation between ways of regulating social relations with norms of law and the norms of morality has been investigated and characterized. It has been established that the influence of morality on law-making can be carried out in two forms: direct and indirect. Particular attention is paid to the analysis of the judicial reform concerning the introduction of an assessment of the compliance of a judge (candidate for a position of a judge) with criteria of fairness and professional ethics. A number of established positions (principles) of the law enforcement practice of the European Court of Human Rights concerning the restrictions on the exercise of human rights and freedoms in order to protect morals are singled out.

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