Chernovol O. Legal duties of man and citizen: theoretical models of legal providing and realizing.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002477

Applicant for

Specialization

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

17-05-2019

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis is devoted to complex of the legal duties of man and citizen, in particular, the models of their legal provisions and implementation. Theoretical and legal aspects of the definition of the concept of the legal duties of man and citizen are investigated. The actual definition of the stages of formation of approaches to the legal nature, essence and content of the category «duty»: pre-Soviet, Soviet and modern stages, is provided. The main approaches, methods and principles of study of legal duties of man and citizen are described. It is revealed that the research of the institute of legal duties is characterized by the lack of a systematic approach to determining their essence, content, model of provision and implementation, underestimating the importance of their role in the legal regulation of social relations. The conceptual bases of definition duties of man and citizen are analyzed. The essence and content of model of providing and realizing legal duties of man and citizen are determined. It is noted that the institution of legal duties is relatively independent and includes a certain circle of legal standards, the characteristic feature of which is unity and grouping into a separate unit as part of the legal status of a person. The criteria for classification models of providing and realizing legal duties of man and citizen are defined: the form of a legal act, in which the duties of man and citizen are fixed; country's membership in a legal family; presence of a person of citizenship. The foreign experience of building a model of legal providing and realizing duties of man and citizen is analyzed on the example of countries belonging to the Roman-German and Anglo-Saxon legal families, including their features. The model of legal providing and implementing duties of man and citizen in Ukraine is investigated, the problematic aspects are highlighted and directions for its improvement are proposed. The legal basis for the mechanism of realization of the basic duties of man and a citizen in Ukraine is determined. The main vectors of improvement of the model of legal providing and realizing duties of man and citizen in Ukraine, which are aimed at solving its problematic aspects, are proposed.

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