Baran A. The limits of being and actions of positive law: a theoretical and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number


Applicant for


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


Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University


In the dissertation for the first time in the domestic legal science the practical significance of the upper and lower limits of positive law in the formation of legal norms and their implementation is investigated. The following important attributes of mental law are revealed as the stability of law and the degree of content of natural norms in positive law. The positive role of the conservatism of mental law and the implementation of naturalistic norms in positive law have been proved, which increases the quality and less effect on the established limits. The components of the methodological history that influence the establishment of the limits of being and the actions of positive law are determined. These components are: methodological installations, correction of methods and techniques, methodological lessons, methodological conclusions. Scientific researches of predecessors on the issues of scientific significance of the theory of the rule of law in the state of law have been improved to establish the limits of positive law. The rule of law is the spirit of the constitution and positive law, the spirit of social norms. Positive law is developed. Positive law is a compulsory, legally compulsory, formally determined rule of general conduct, which is the creativity of the state regulating social relations, established or authorized by the state authorities in a certain manner and protected by its means of influence. It is stressed that the concrete limits of being and the action of positive law are determined by the constitution, it establishes the subordination and hierarchy in law, which regulate the legal system. It is substantiated that the limits of being and the actions of positive law can change. Such a change is either indisputable or contradictory, which corresponds to objectivity and subjectivity. The theoretical provisions on norm-setting and law-making principles are supplemented. It is recognized that such basic principles are democracy, legality, humanism, openness, subordinationism, collegiality, scientific validity, professionalism, efficiency, systematic, consistency, continuity, timeliness, planning, forecasting, use of legal experience, legal and technical perfection. These principles specify the directions of the formation of boundaries of positive law. The thesis is of practical importance for the theory of state and law, problems of the theory of state and law and other theoretical and legal sciences.


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