Popadynets M. Realization of the right in the context of legal development of modern Ukraine: axiological aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102431

Applicant for

Specialization

  • 12.00.12 - Філософія права

05-12-2020

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

The complex scientific research of realization of the right in modern legal development is carried out in the thesis. The aspects of the implementation of law is highlighted from the standpoint of natural-legal and axiological approaches, which makes it possible to overcome the state-centric essence of this element of legal reality and to reveal its deep humanistic essence. The reassesed concept of realization of the right as the process of realization of the meanings and principles of the right irrespective of the forms of its existence is offered. It is substantiated that the natural-legal approach allows to distinguish legal regulation from the state arbitrariness, and the mechanism of legal regulation – from the mechanism of arbitrary-manipulative regulation. The factors that constitute the obstacles to the implementation of law in modern Ukraine have been studied and possible ways to overcome them are suggested.

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