Mishehlina V. Legal symbols: traditions and innovations

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100121

Applicant for

Specialization

  • 081 - Право. Право

23-12-2020

Specialized Academic Board

ДФ 26.503.017

Private institution "Research Institute of Public Law"

Essay

The dissertation is a general theoretical complex scientific research of the legal nature of legal symbols, the concept and purpose of legal symbols, definition of problems and ways to solve them in relation to the constitutional and legal regulation of the institution of state symbols of Ukraine. The historical features of the development of legal symbols and state symbols of Ukraine are revealed. The main approaches to defining the essence of the concepts "legal symbols" and "legal symbols" by systematizing modern approaches to the classification of types of legal symbols are systematized. The functions of legal and juridical symbols and their ratio are determined. Peculiarities of application of natural-legal (jusnaturalistic) approach to understanding of legal symbols are established. Legal symbols are studied through the prism of the positivist (normative) approach. The characteristic features of legal symbols from the standpoint of the psychological school of law are outlined. The essence and functions of legal symbols from the point of view of the sociological approach are analyzed. The essence of legal symbols in the context of integrative legal understanding is revealed. The utilitarianism and expediency of the application of legal symbolism by means of scientific and methodological tools of semiotics of law are proved. The significance of legal symbols as a means of legal communication is substantiated. The ways of solving the problems of constitutional and legal regulation of legal symbols, in particular state ones, in the law enforcement practice of public administration bodies in Ukraine are offered. Proposals have been developed to improve the legal consolidation of certain cases of the use of legal symbols.

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