ОСНОВНІ АСПЕКТИ ІСТОРИКО-ПРАВОВОГО ВПЛИВУ МІЖНАРОДНОГО ПУБЛІЧНОГО ПРАВА НА НАЦІОНАЛЬНИЙ ПРАВОПОРЯДОК.

Autor: В. В., Гавриленко
Předmět:
Zdroj: Uzhhorod National University Herald Series Law; 2024, Vol. 84 Issue 4, p252-259, 8p
Abstrakt: The national legal order is a broad, multifaceted, multi-level and complex formation that is formed and maintained by two counter interests generated by both civil society and the state. At the same time, the interests should not be antagonistic, since both society and the state are objectively striving for order, which creates the necessary conditions for orderly existence, safe existence of all elements of the state mechanism and each individual, organization to solve urgent problems, predictability of the future, and sustainable functioning with the help of social and legal norms. Among the features of the national legal order, the most important is strict civil discipline, which, among other things, is ensured by all means of the state, up to the use of coercion. The national legal order is closely related to the international legal order, but there should be a reasonable balance between them, which is achieved through creative thinking, perception of foreign experience and establishment of the process of effective implementation of international law into the national legal system. Under the national legal order as a whole, the author analyzes a reliable state of legal orderliness in all spheres of society’s life, which implies the establishment of a reasonable and fair legal order based on international standards and legal norms of the existing branches of law in the State. On this basis, the article examines the key points of interaction between public international law and the national legal order throughout history. By focusing on the changes that have occurred in this regard during different historical periods, the article aims to determine the impact of public international law on the structure and functioning of national legal systems. This article provides an insight into the relationship between public international law and the national legal order, taking into account historical contexts and contemporary realities. The author reveals key aspects that help to understand the evolution of this important area of international legal development. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index