Kosharnovska S. Legal forms of implemetntation of social function of the Ukrainian state

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103839

Applicant for

Specialization

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

25-09-2021

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The dissertation solves a scientific problem, the essence of which lies in the presence of a cognitive and normative-practical contradiction between a large number of concepts of the social function of the state and the relative incompleteness of that cognitive problem concerning the peculiarities of legal forms of implementation of the social function of the Ukrainian state. The social function can be performed by the state in three legal forms: law-establishing (law-making), law-implementing (law- enforcement) and law-interpretive. The legal form provides for the consolidation of basic social rights at the level of the Constitution and organic laws of the state with the establishment of imperative mechanisms for their implementation in public relations. The legal form of implementation of the social function is closely related to both the activities of the representative bodies of the state (parliaments) and the activities of international organizations (in particular the ILO and ECOSOC) specializing in the adoption of international legal acts that are both mandatory and recommendatory-dispositive in nature. The law-enforcement (law-enforcement) form of the state's implementation of its social function is of a secondary (second) nature and provides for the introduction of imperative requirements of laws as normative acts of social legislation into specific targeted decisions on the implementation of appropriate methods of social protection, social redistribution and social security. The law-interpretation function provides for the activity of interpretation, interpretation of the norms of social legislation by the relevant judicial authorities in the event of controversial situations in the unambiguous understanding of the content of the norms of social legislation by the subjects of law-making and law enforcement, as well as by a wide range of persons acting as addressees of the designated norms.

Files

Similar theses