PRINCIPLES OF LAW, PRINCIPLES OF LAW-MAKING AND PRINCIPLES IN THE NORMATIVE-LEGAL ACTS
| Autor: | Vitaliy Kosovych |
|---|---|
| Rok vydání: | 2016 |
| Předmět: | |
| Zdroj: | Visnyk of the Lviv University. Series Law. :3-9 |
| ISSN: | 2078-4503 0136-8168 |
| Popis: | The article is devoted to identify the presence of the relationship between the three adjacent legal phenomena: principles of law, principles of law-making and principles that are fixed in normative legal acts. Comparison of definitions of the terms «principle of law», «principle of law-making» and «principle enshrined in normative legal acts» illustrates their distinction. Some differences can be traced and in the formal list of principles of law, law-making and normative legal acts. It was established that despite some formal differences between these principles, there is meaningful intimacy between them. The proximity of substantial «stuffing» of these principles manifests in three aspects: in the general ideological orientation and the unity of the legal values, which are enshrined in the principles of law; in the unity of form and content of individual principles; in the specific identity of concepts, which outline the contents of the principles that are outlined by different terms (a kind of convergence of the substantive component of the formal differences). The unity of the lofty foundations of principles of law, law-making and normative legal acts became the basis for the sustainable of existence and logical relationship between them and the prerequisite for the formation of the legal principle structure in legal regulation of social relations. Attention is drawn that in the proposed conjunction of the law principles defining value belongs to the fundamental principles of law; at the same time their implementation in the right regulatory reality is carried out using the principles of law-making and principles that are fixed in normative legal acts. The fundamental principles of law (as define) are carried out in the legal norms then become the basis of law-making, law-operating, law enforcement and other activities. Between the principles of law-making and principles of normative legal acts there is a certain kind of parity, because they are inherent to several different aspects of the legal reality – an activity of the creation of normative legal acts and exactly normative legal acts. For legal legalization of the legal principles usage rules in the regulation sphere of social relations is proposed to include a number of novels to the projected legislation of Ukraine about the normative legal acts. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|