Bilenkova Y. The participation of thе Ukrainian SSR in developing and establishing of thе basic institutions of nеw international law (1944-1991): Historical and legal research

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003697

Applicant for

Specialization

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

04-07-2019

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

Applying universal philosophical dialectic method in combination with classical methods of historical and legal science, dogmatic, comparative legal, historical, and legal and based on a systematic analysis of legal documents, archival sources, historical, legal and historical literature in the thesis set the objective and subjective factors that led to the emergence of so-called new international law and the further progressive development of its basic institutions and clarifications role and place of Ukrainian Soviet diplomacy in these processes of formation and development of new international law. Determined not only the immediate positive impact of Ukrainian diplomacy aimed at establishing new norms of international law, but also the objective of deconstructive nature; given their political and legal assessment. Established provide historical background Ukrainian SSR international legal personality following the constitutional reform of the USSR in February 1944 We characterize the degree of foreign policy autonomy Kyiv in the general trend of the Soviet international legal doctrine and practice implementation. A historical and legal parallels between the Soviet doctrine of limited sovereignty of the Federal Republic and the so-called modern socialist community and political claims to global dominance of Russia in the post. Specifies the contribution made by the diplomatic Soviet Ukraine in case of formation and development of the law of international security, including the institutions of control over the circulation of nuclear weapons and ban other weapons of mass destruction (chemical and biological). Outlined the differences in approaches between states with different social system to issue eventual changes in international law at the stage of the Second World War and in the postwar period, to determine the specific contribution of each of the so-called Great States in the establishment and further development of new norms of international law, including international legitimacy of Ukrainian SSR. This legal assessment of the effectiveness of the opportunities provided by the so-called new international law to a fundamental restructuring of the nature of international relations in the XX century and to preserve existing international legal realities of today.

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