Rosovska I. Modern problems of the correlation between legal and religious norms in the regulation of social relations in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100641

Applicant for

Specialization

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

26-03-2021

Specialized Academic Board

Д 20.149.01

Institution of higher education «King Danylo University»

Essay

The thesis substantiates that the innovativeness of scientific and methodological approaches to the problem of the correlation of legal and religious norms at the present stage of Ukrainian lawmaking lies in their anthropocentrism that manifests in the fact that man becomes the central object of legal regulation in his involvement with religious and legal norms, and his social and natural legal properties and patterns of their state and legal support are gradually turning into the most important component of this relationship between law and religion. The author proves that in the current transformations of the domestic legal system, the strategic goal of combining religious and legal norms in the areas of public and private law regulation lies in the ideological and legal support of the power decentralization process, which is part of administrative reform happening in Ukraine. The thesis improves understanding of the specifics of the legal reflection of religious norms in the modern Constitution of Ukraine, the complexity of which lies in the lack of a single generally accepted scientific interpretation of the concept of religion itself, which necessitates the constant updating of the public law system of Ukrainian legislation in order to further ensure the functioning of the horizontal partnership model of relations between state and religious organizations. The position on the need to harmonize theological and secular principles for the implementation of proper social and legal regulation, which, on the one hand, should promote the implementation of moral and ethical categories borrowed from the Christian theological paradigm in the legal system of Ukraine, and on the other hand, ensure an appropriate level of secularization practice that allows only indirect forms of influence of religion on law in practice.

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