Korchevna L. The problem of the law based on various sources: an attempt of comparative jurisprudence.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0506U000496

Applicant for

Specialization

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

29-09-2006

Specialized Academic Board

Д 26.236.03

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

Essay

The dissertation focuses on the new al-around conception of law. This objective is implemented via the comprehension of the law based on various sources or various jurisdictions within the bounds of one social system. The principles of Roman law are revealed and it is proved that these principles became basic for modern Continental-European law system including the law of European Union. The phenomenon of the new law of European Union and Council of Europe states parties is also revealed. The standards of western and eastern law systems are classified. The legitimacies of the beginning, development, functioning and modern tendencies in the sphere of customary, treaty, legislative, doctrine and court law are disclosed. The legal studies of Asian-Muslim countries are classified and the principles of their law are pointed out. It is proved that the extension of western trends in Asian-Muslim countries law didn't influence on the subsidiary character of positive law. The coordination of modern Ukrainian and European law systems is viewed. The heterogeneity, complementarity and hierarchy of Ukrainian law sources are disclosed. Taking into consideration the universality of law studies and the basic rule of comparative investigation the necessity of praetorian law system introducing in Ukraine is verified.

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