Strashynskyi B. Principle reasonableness in law: theoretical and legal aspects

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100201

Applicant for

Specialization

  • 081 - Право. Право

03-04-2023

Specialized Academic Board

ДФ 26.000.001

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation is devoted to the definition and characterization of theoretical and legal aspects of the principle of reasonableness in law, as well as substantiation of practical recommendations for improving its legal support and functioning. In the Introduction it has been substantiated the relevance of the research topic, defines the connection with scientific programs, plans, topics, it has been formulated the purpose and objectives of the study, it has been identified the object and subject of research, it has been revealed the functionality of the methods of the research, it has been pointed to the scientific novelty of the results, it has been substantiated the practical significance the results of the research, the information on approbation of the dissertation materials and the published works of the author has been given. It is noted that the scientific study of theoretical and legal aspects of the principle of reasonableness in law has a high degree of relevance, as evidenced by both the theoretical significance of this principle and the practice of its operation. The principle of reasonableness in law comes from its inalienable ability to enshrine rational objectively necessary rules of conduct and extend them to social relations, thereby ensuring the logic and rationality of public life. The high level of relevance of the dissertation topic is also confirmed by the insufficient level of scientific development of theoretical and legal aspects of the principle of reasonableness in law, especially through the prism of its functioning in modern conditions of development of the legal system of Ukraine. Strengthening the theoretical and legal vector of studying the principle of reasonableness in law is designed to form theoretical and methodological and practical principles for further development of its doctrinal eleboration, scientific substantiation of ways to improve its legal support and functioning in Ukraine. In Chapter 1. «Historiographical and methodological aspects of scientific research on the principle of reasonableness in law» it has been made analyses of the worldview and doctrinal ideas about the principles of law, on the basis of which the historical duration of their formation has been noted. It has been concluded that at the present the legal doctrine is represented by a wide range: а) of worldviews and scientific ideas of thinkers of Antiquity; б) by various theoretical and practical ideas of philosophers of the medieval period; в) by scientific works of the New Age and the Age Enlightenment; г) by innovative concepts and theories put forward by philosophers the New Age, modern political scientists, sociologists, philosophers, jurisprudents (both representatives of theoretical and historical legal sciences and branch).

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