Grinuk R. Theoretical model of the state of law and problems of its realization in modern conditions.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0507U000349

Applicant for

Specialization

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

16-05-2007

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the complex analysis of model of the state of law from the point of view of allocation in it of three making elements of the theoretical and methodological analysis, which are history-legal, theory-legal and normative-legal reconstruction. Thus, the model of the state of law is examined by the author in a context of modern problems of its practical realization in constitutional practice of foreign states and Ukraine. The author analyses three base components of the state of law phenomenon and for the first time describes the ways gathering of the various theoretical and methodological approaches in formation of the concept of the state of law in modern jurisprudence. The dissertation offers the general classification model of methods of research of the state of law and its theoretical reconstruction, specifies the contents of the formal and material approaches in concept of the state of law analysis used by modern jurisprudence. At the same time, the author gives the comparative analysis of various ideas of the state of law, investigates specificity and correspondences of processes of practical realization of models of the state of law and democratic state from a position of definition of connections in maintenance of principles of the state of law and democratic state. On the basis of the material, assembled and processed in the dissertation, the author investigates the tendencies of development of the state of law in modern conditions of the Ukrainian state building, determines the basic problems of practical realization of model of the state of law, offers the concrete solutions of existing problems, analyses the criteria of definition of efficiency of the state of law formation process in Ukraine, describes the degree and volume of realization of the state of law model according to the established in the constitution purpose of building the state of law in Ukraine.

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