Miroshnichenko M. Genesis of the legal system of Ukraine: theoretical and methodological aspect.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0513U000426

Applicant for

Specialization

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

25-04-2013

Specialized Academic Board

Д 26.139.01

Essay

Dissertation is devoted to resolving of the actual scientific problem of enhanced development of semantic part of the legal systems theory by means of generalization and grounding of theoretical and methodological principles of complex scientific analysis of general regularities and particularities of genesis of the legal system of Ukraine taking into account concrete historic conditions of evolution of Ukrainian society, law, state system, its typological authentication with the other legal systems and conditions of maintenance of originality in the process of political and legal globalization. Under the requirements of complexity and completeness of scientific researches author's original methodology for analysis of problem was developed on the basis of the system category ,,integrity". It, on one side, gives clear understanding of the essence of dynamics of structural and functional ties and connections of evolution and development of the legal system in time, and on the other - demonstrates the research program in which principle of integrity may and must be utilized at all stages of cognitive activity, beginning from selection of the object of research and goal setting and concluding with interpretation of findings and "framing" them into the general system of science. Among the problems under consideration special attention is given to the concept and basic features of the legal system of Ukraine in the genesis structure of the legal systems and to the concept of structure of process. Author's original view of the problem of systemacity of process of genesis and optimal criterion of its structuring, grounds and criterion of typological identification of the legal system of Ukraine with the Eurasian, Slavonic and Romano-Germanic legal families. The ways to resolve these problems on the basis of system and information approach, which sets the proper algorithm of research and its methodological support within the framework of system and information notions of origin, stability and transformation of all of types of social systems, new organizational forms of which are engendered and matured in the bowels of evolutional predecessors, are offered. Strategy of subsequent scientific researches is determined.

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