Minhela O. Legal practice in the legal system of society

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005339

Applicant for

Specialization

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

04-12-2018

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The thesis is substantive research devoted to theoretical-legal systematization of doctrine approaches to understanding of legal practice, to clarification and establishing ground for notion of legal practice, its form, substance, subjects and functions as an «instrumental» constituent in functioning of the legal system. Among the topics researched are: legal system as a general model category, law practice as its peculiar polystructural element interaction of which with another elements is powering the entire legal system’s functionality. Also criteria, structure and usage of legal instruments of legal practice are analyzed. Attention is particular is focused on professional legal activity that is essential to all if legal practice, also lawyer status as a subject of that activity is defined. Relation between legal practice and legal work is reviewed, legal tech and legal engineering are established. Interaction between lawmaking, law enforcement, justice sense and legal culture are researched, directions to overcome their contradictions and deformations are formulated as well for sake of upgrading and optimizing legal practice. Thesis’ results can be used in scientific research, have practical applications, as well as in education.

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