Qualification scientific work, manuscript copyright. A thesis submitted for the degree of Doctor of Philosophy in specialty 081 – Law. – International Humanitarian University, Odesa, 2021.
The thesis contains the results of a comprehensive general theoretical study of the validity and act of soft law as an integral part of modern legal and social reality. The thesis material summarizes the analysis of scientific works of foreign and national scientists on this issue, regulations, foreign legislation, acts of
international law, international treaties, statistical and analytical information.
The thesis emphasizes the relevance of the study of soft law and its components. It is determined that the presence in the legal doctrine of a dispute over the recognition of the soft law phenomenon indicates the existence of a crisis in legal science, which is sometimes unable to explain or predict new phenomena of legal reality. As the result of such discussion there is the search for new tools that are not officially normative, but at the same time lie in the legal field and have a real impact
on the relations of modern social and legal life.
The state of considered problem research in the legal doctrine is analyzed.
Thus, the issue of the phenomenon of soft law is covered in their works primarily by foreign scholars: A. D’Amato, J. de Aspremont, L. Blutman, A. Boyle, P. Weil, P. Westerman, G. Weeks, J. Gold, M. Goldmann, E. Guzman, K. Abbott, J. Klabbers, C. Lichtenstein, T. Meyer, U. Mörth, I. Pagatto, A. Peters, M. Pollack, L. Senden, D. Snydel, A. Somma, D. Trubek, H. Hillgenberg, O. Schachter, D. Shelton, G. Shaffer, C. Chinkin and many others.
In the XXI century, Ukrainian and Russian scholars and young scholars have increased their attention to the study of various aspects of soft law, namely: K.O. Brizkun, M. Y. Velizhanina, G.V. Velyaminov, O.V. Demin, O.V. Kirilyuk, I.I. Lukashuk, T.V. Matveeva, M.M. Mikievich, O.V. Muratova, T.M. Neshataeva, T.V. Russkikh, K.V. Smirnova, Y. B. Fogelson, S.O. Chekhovskaya, I.V. Shalinskaya, O.O. Shchokina and others.
At the same time, today there are no scientific researches of Ukrainian scholars, which reveal the conditions of validity of soft law, legal technologies of creation of soft law acts and peculiarities of their action. Thus, the thesis is the first theoretical and legal study of the validity and act of soft law and the role of its components in the process of regulating relations in modern society.
It is proved that the basis of the study of soft law is the concept of legal pluralism, which is one of the characteristics of the postmodern era. Modern approaches to the understanding of law, which are characterized by a pluralistic view of its forms, in particular, due to the processes of demonopolization of state
participation in law-making processes and recognition of the normative scale existence, are also analyzed.
The necessity of recognizing in the legal doctrine of a new modern understanding of law as a polycentric social system, which directly presupposes the recognition of other than hard law systems of regulation of social relations, is substantiated.
