Hentosh R. Dispositivity in lеgal regulation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002962

Applicant for

Specialization

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

12-06-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The thesis is a general theoretical study of dispositivity in legal regulation. The paper describes the state of the study of dispositivity in the legal regulation, the system of methods for studying dispositivity in the law. The theoretical legal analysis of dispositivity in the legal regulation is carried out, its philosophical and legal nature and various manifestations in the law are revealed. Dispositivity is studied as one of the main methods of legal regulation, as a characteristic feature of private law, as an interdisciplinary principle of law. In the paper, the notion of dispositivity in the law, its content, the concept of the dispositive method of legal regulation, its essence, the difference from the imperative method, the content of the principle of dispositivity in material and procedural law, and the peculiarities of its reflection in various branches of law are revealed. The dissertation substantiates the necessity of making changes and additions to sectoral normative acts concerning the consolidation of the principle of dispositivity and determination of its content.

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