Luts L. The European Intergovernmental Legal Systems: general theoretic characteristics.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0505U000110

Applicant for

Specialization

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

25-02-2005

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis is dedicated to the general theoretical research of the European legal integration, as well as to scrutinizing its ideal forms - that is, the legal system of the Council of Europe and the European Union; the question of the Shapiny forming of the European Intergovernmental Legal Systems concepts. The legal features are brought to light in the thesis, the notion of the legal system of a society is analyzed, its structure and structural organizations are singled out. On this ground and by using the methodological peculiarities of the typology, a new type is being formed - an intergovernmental legal system. According to this, a conclusion can be drawn concerning their significant place in a new worldwide infrastructure. It is stated that the foundation of such European intergovernmental legal systems as the Council of Europe and the European Union has been facilitated by the processes of globalization and regionalization. The notions and structural features of the legal systems of the Council of Europe and the European Union are defined, aswell as the notion of "European legal integration" and "legal mechanism of interaction between intergovernmental and national legal systems"; the main peculiarities of the legal mechanisms of the interaction of the Council of Europe and the European Union with the member states, Ukraine, in particular, are determined. According to this, the identifying and main legal features of Ukraine's modern legal system are analyzed, the main peculiarities of its institutional, functional and normative structural parts are described; the measures are defined concerning its reformation and integration into the legal systems of the Council of Europe and the European Union.

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