Zvarych R. Transformation of the Regulatory Function of Law: Historical and Legal and Comparative Research.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000474

Applicant for

Specialization

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

13-06-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The dissertation is devoted to the historical-legal and corporate research of the peculiarities of the formation, legal consolidation and implementation of the regulatory function of law within different historical types of law, legal families of the present day and the legal system of Ukraine. According to the author, the regulatory function can be characterized as a direction of legal influence, which is expressed in the establishment of positive rules of conduct, the granting of rights and the assignment of legal obligations to subjects of law. The essence of the regulatory function of law is its main social purpose – the regulation of social relations. The basis of this function is the permissive and binding legal rules. It should be noted that today an important element of law enforcement activity is not only the establishment of rules of conduct and regulation of relations, but also informing, reporting to the society of legal information. That is why the regulatory function should closely interact with other functions of law, first of all, informational. The realization of the regulatory function of the law entirely depends on the scope of legal regulation. In particular, areas of mandatory implementation include public law. In turn, the scope of the limited (admissible) implementation of the regulatory function of law concerns mainly the branches of private law. In turn, the mechanism for the implementation of the regulatory function of law includes: establishing the measure of the possible and proper behavior of people (rules of conduct) in legal norms (the formation of law); the rules of law as a result and the form of expression of the relevant rules of conduct; legal consciousness of a person; legal relationship; the state of ordering, the internal coherence of social life (rule of law) as the final result of the regulatory function of law. The author also believes that the problem of categorical-conceptual apparatus (the ratio of concepts "integration", "adaptation", "harmonization", "approximation", "implementation", etc.) is a significant problem of the effective implementation of the regulatory function. According to the results of the research, the author substantiates a number of recommendations for introducing changes to the legislation in terms of determining the principles of the regulatory function, as well as on improving the mechanism for its implementation.

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