Rogach A. Abuse of Law : theoretical and legal study.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0511U000967

Applicant for

Specialization

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

15-12-2011

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The dissertation focuses on the research of the legal system concerning law abuse. Methodological bases of the research concerning the category of law abuse, the level of the problem study, modern approach to the concept definition are showed in the research. The interrelation between the law abuse and such categories as freedom and discretion is studied. The problems of accordance of subjective law content and the process of its fulfillment are analyzed separately , legal essence limits of the subjective law fulfillment in the research content of the law abuse category is defined, their classification is made. Special attention is paid to the law abuse research as a specific form of law nihilism. The law abuse signs are given. The mechanisms for prevention of the law abuse are defined, some directions are defined within its limits: 1) ideological; 2) legal; 3) functional and legal .The opinion is proved concerning the law abuse overcoming and the creation of conditions connecting with improving of the law culture level of the population, active and conscious public participation in reform realization is a basic task of the society and the state on its way to construction of Ukraine as law state.

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