Yearly journal of scientific articles “Pravova derzhava”最新文献

{"title":"The place and role of the principle of legal state activities in establishing its absolute liability","authors":"Valeriia Khodosh","doi":"10.33663/1563-3349-2023-34-740-747","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-740-747","url":null,"abstract":"Introduction. The mass introduction of new technologies led to the establishment of the institution of absolute liability in international law. At the same time, such activity is not prohibited by international law, which determines the legal nature of this type of liability.\u0000\u0000The aim of the article is to highlight the specifics of the principle of legal state activities in the establishment and development of absolute liability as a separate category of liability in international law.\u0000\u0000Results. It analyses the features of the absolute liability of the state caused by the ultrahazardous activities, such as such as the accident of causing damage and the absence of fault, the contractual nature of fixation, the primacy of norms, compensatory nature, etc. It is shown that such state activity is connected with the rapid development of scientific and technological progress and is not prohibited by international law. However, given that it is accompanied by increased danger, in the event of harm to another state, this activity, according to international law, is subject to material compensation.\u0000\u0000Сonclusions. Therefore, it is the legitimate activity of states, which is an ultrahazardous activity, determines the legal nature of absolute liability in international law, conditioning it as a separate type of state liability that requires special mechanisms for its consolidation and attraction to it.\u0000\u0000Key words: international law, ultrahazardous activities, absolute state liability,transbordary harm, acts not prohibited by international law, states liability.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125877496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ukraine’s Position as for the Disintegration of Russian Federation: Political and Legal Aspect","authors":"V. Yavir","doi":"10.33663/1563-3349-2023-34-694-703","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-694-703","url":null,"abstract":"Introduction.The full-scale Russian-Ukrainian war became a consequence of the policy of disintegration of Ukraine, which was consistently implemented by the Russian Federation from the very beginning of Ukraine’s independence. After the full-scale military invasion of the Russian Federation into Ukraine, which was accompanied by the occupation of the territory, the genocide of the Ukrainian population, the destruction of civilian and critical life support infrastructure, the violation of international humanitarian law, the disintegration of the Russian Federation became a key political topic, one of the discussed ways to end the conventional Russian-Ukrainian war.\u0000\u0000Before the full-scale invasion in 2022, at the official level Ukraine, as a democratic, European state, did not carry out disintegration activity towards the Russian Federation. The settlement of the armed ethnopolitical conflict with Russia as for the temporarily occupied territories of Ukraine was carried out exclusively peacefully. The aim of the study is to study the political and legal dimension of Ukraine’s participation in the disintegration of the Russian Federation. The methodology is based on systeman alysis, content analysis and political analysis.\u0000\u0000Conclusions. The policy of disintegration became an asymmetric response toRussia’s armed disintegration of Ukraine, precisely the holding of fake referendums on joining the Russian Federation of the occupied regions of Ukraine. Ukraine’s responsecontains fundamentally different tools, including non-standard solutions taking into a ccount Russia’s internal destructive processes and the ethno territorial claims of neighboring states to the RF. Despite the lack of a clear strategy for the disintegration of Russia, the formation of a consolidated disintegration position of Ukraine is being observed with the involvement of the international community in strengthening the processes of disintegration of the aggressor state by supporting democratic freedoms, including the right of nations to self-determination, which the authoritarian regimekeeps within the federation with force. \u0000\u0000Key words: disintegration, Russian-Ukrainian war, nations, right of self determination.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125345846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Remote work in Ukraine: problems and prospects of improving its legal regulation","authors":"Y. Simutina","doi":"10.33663/1563-3349-2023-34-431-444","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-431-444","url":null,"abstract":"The article is devoted to the problems and prospects of legal regulation of remote work in Ukraine. Attention is paid to international and European standards dedicated to the features of remote work. Special attention is devoted to the study of the problems of limiting remote work for certain categories of workers under martial law. The conclusion is justified that the concept of “remote work” can be used to denote two phenomena that are different in their content. Firstly, remote work is a special mode of work that can be applied temporarily by the employer’s decision as a forced measure in the event of certain life-threatening circumstances or people’s health. Secondly, remote work as a special labour organization provides that teleworkers constantly perform work outside the employer’s location due to the specificity of their labour function.\u0000\u0000The use of an electronic digital signature in the interaction between the employer and the remote worker is a separate problem in the course of organizing remote work.The question arises about the financial costs of obtaining it (on whom they should rely)and the need to use such a signature when familiarizing the remote worker with the orders, job description, and local acts of the employer. Also, the possibility of bringing a teleworker to disciplinary responsibility remains an unsolved problem, in particular, in what way the disciplinary offenses of such a worker should be documented, and his guilt should be established if the improper performance of labor duties was due to technical reasons or other circumstances independent of the worker. The latter becomes especially relevant in the current conditions of a full-scale war with russia, given the difficult situation in the dilapidated energy system of Ukraine, constant power outages and lack of mobile or internet connection.\u0000\u0000Proposals regarding the need to improve the legal regulation of remote work in a separate section of the Labour Code are formulated. In particular with the regulation of the ways of interaction between the employer and the teleworker in the process of performing work (the order of protection and exchange of information, transfer of the employer’s tasks, control over their execution); access of teleworkers to opportunities for training and career growth; the mechanism for protecting the rights of teleworkers with the help of trade unions, their participation in collective negotiations and the resolution of collective labour disputes.\u0000\u0000Key words: remote work, special form of labour organization, labour contract on remote work, non-standard employment.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123661711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Outstanding legal historian Lev Okinshevych: sources for scientific biography","authors":"I. Usenko","doi":"10.33663/1563-3349-2023-34-227-244","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-227-244","url":null,"abstract":"Introduction. 2023 marks the 125th anniversary of the birth of the famous Ukrainian legal historian L. O. Okinshevich (Okynshevich). Dozens of biographical publications are devoted to the scientist, which are mainly based on his memoirs. Due to the lack of objective primary sources, there are quite a lot of substantive gaps and factual in accuracies in these publications.\u0000\u0000The aim of the article. Introduction into scientific circulation of archival and other primary sources about the life and work of L. O. Okinshevych and on this basis some clarification of the Ukrainian period of the biography of the scientist, in which until now there were still a lot of lacunae,\u0000\u0000Results. In the context of the modern anthropological approach, new facts and assessments are offered regarding the life path of the secretary of the Commission for Studying the History of Western Ruthenian and Ukrainian Law of the All-Ukrainian Academy of Sciences, and later one of the most prominent representatives of the science of the Ukrainian diaspora L. O. Okinshevych. Newly discovered or little-known archival and other historical sources are analyzed that will help clarify the biography of the scientist.\u0000\u0000Conclusion. With the help of newly discovered primary sources, it was possible to clarify a number of facts аbout the scientist’s biography and information about his family environment. The directions of further archival searches are determined; versions of possible persons of the scientist’s grandfather and some other relatives are formulated.\u0000\u0000Key words: Ukraine, jurisprudence, history of legal science, history of Ukrainianlaw, All-Ukrainian Academy of Sciences, Okinshevych (Okynshevych) L. O., scientifi cbiography, legal biography, historical sources.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128016774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The normative and legal component of the national-state selfdetermination of the Ukrainian people","authors":"L. Khudoiar","doi":"10.33663/1563-3349-2023-34-216-226","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-216-226","url":null,"abstract":"It is relevant for the further progress and development of Ukraine to study the ascending legal foundations that laid the foundations of the constituent power of the people as the source, bearer and sovereign subject of power.\u0000\u0000The first stage of the Ukrainian people’s sovereignty process was completed during the National Liberation War of 1648–1657 with the formation and legalization of the institutions of the Ukrainian Cossack state, which was recognized as a subject of international relations. The next stage of the sovereignty of the Ukrainian people, as asocial subject of Ukrainian state-building, began in Western Ukrainian lands with the “Spring of Nations” in 1848 and ended with the formation of its own sovereign state-the Western Ukrainian People’s Republic. In Trans-Dnieper Ukraine, this stage began at the end of the 19th century. and ended in the period of the Ukrainian national liberation struggle of 1917–1921 with the restoration of national statehood. The state sovereignty of the Ukrainian People’s Republic was realized through a dialectical combination of the right of nations to self-determination and the principle of territorial integrity of the state. After the announcement by the Russian Soviet party leadership of the date of formation of the USSR on December 30, 1922, the Ukrainian SSR actually lost the opportunity to exercise the sovereign rights of the Ukrainian people and the state. During the dismantling of the Union of the SSR, the Ukrainian people used the right to self-determination, which is enshrined in the provisions of the Declaration on State Sovereignty of Ukraine dated July 16, 1990.\u0000\u0000A detailed analysis of legal acts that regulated the issues of external and internal sovereignty and legal personality of the Ukrainian people (nation) and the state in different historical periods will make it possible to objectively assess the formality and reality of Ukraine’s sovereignty in different historical periods.\u0000\u0000Key words: Ukraine, people’s sovereignty, nation-state self-determination, people’s right to self-determination, sovereignty, Cossack-Hetman era, UNR, Directory, ZUNR,Ukrainian SSR, juridification of Ukraine’s sovereignty, normative and legal component,historical significance","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130718798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Legal Support of Gender Equality in the Context of Climate Change","authors":"Yana Pavko","doi":"10.33663/1563-3349-2023-34-638-649","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-638-649","url":null,"abstract":"Introduction. Gender equality and human rights in the context of overcoming climate change is one of the key and debated topics at the annual UN Climate Conferences. The climate crisis creates social in justice between different population groups and has the greatest impact on the lives of vulnerable groups. Women, compared to men, are more vulnerable to the effects of climate change that limit their rights and opportunities. It is also worth noting that there is a widespread trend of feminization of poverty in the world, which means that poverty is increasing among women more than among men. In addition, women are under represented in international decision-making bodies related to climate change. This, above all, only confirms the lack of adequate support for womenʼs initiatives in climate decision-making.\u0000\u0000The aim of the article. The purpose of the research is to clarify the essence of gender equality and the peculiarities of its international legal support in the context of climate change based on the study of scientific works by reputable scholars and international legal acts.\u0000\u0000Results. Climate change is one of the major global problems of humanity, which is directly related to gender equality. As a result of climate change, women and men facenew challenges that affect the realization of their rights in the current environment.Women are more vulnerable to climate change and have fewer opportunities to adapt to it. The international community has faced a difficult task to eliminate the imbalance between the ability of women and men to realize equal rights in the context of climate change. Unfortunately, only a few of the international human rights instruments cover the issue of gender equality in the field of environmental protection, especially in the context of climate change. In addition, they donʼt enshrine the right to a safe, clean and sustainable environment, which is one of the main environmental human rights. The realization of this right is extremely important in the context of climate change.\u0000\u0000Conclusions. Thus, the issues of ensuring equal rights and opportunities for women and men in the context of climate change are not properly regulated ininternational law or in the national law of Ukraine. Certain aspects of gender equalityin the context of climate change are reflected in General Recommendation №37 to the Convention on the Elimination of All Forms of Discrimination against Women of 1979, the UN Framework Convention on Climate Change of 1992, the Beijing Declaration of 1995, the Paris Agreement of 2015, UN General Assembly Resolution 70/1«Transforming our world: The 2030 Agenda for Sustainable Development» and the Escazu Agreement of 2018. The solution to one of the global problems of humanity depends on the adoption of significant climate decisions that must take into account the gender principle. To date, the extent of womenʼs participation in shaping international climate policy is insufficient. That is why they must repres","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133425390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Scientific and legal principles of determining the territorial boundaries of cathedral Ukraine in the light of revolutionary practice (1917–1920)","authors":"V. Soldatenko","doi":"10.33663/1563-3349-2023-34-139-167","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-139-167","url":null,"abstract":"Formulation of the problem. Recently, issues related to the history of the implementation of the idea of Ukrainian unity have become extremely acute in ideological life. Along with statements about the absence of the phenomenon of the Ukrainian nation, denials of the fact of the existence of a full-fledged statehood of Ukraine, Russian politicians and some scientists are promoting misleading statements that the current Ukraine was the result of unfortunate mistakes of the leaders of the previous stages of social development, turned out to be a conglomerate of artificially \"glued together\" in the information space. a territory with an ethnically heterogeneous,or even simply predominantly non-Ukrainian, population.\u0000\u0000The purpose of the article is to highlight the chronologically first attempt at scientific and practical-political determination of the natural boundaries of territories with the predominance of the Ukrainian ethnographic element as an objective, fair, convincing criterion for their regular composition into a single national-state space.\u0000\u0000Using the methods of scientific objectivity, concrete-historical and analytical comparative research, the processes of ideological-theoretical and legal substantiation of the concepts of achieving Ukrainian unity in the times of the Ukrainian People's Republic, the times of the Central Council and the Directory, the Hetman's Ukrainian State and the Ukrainian Soviet Socialist Republic (1917-1920) are reproduced yr.).\u0000\u0000On the basis of the available documents and real facts, the picture of the implementation of interconnected concepts of the Ukrainian national-democratic revolution and the unification of the branches of Ukrainianism, which had been dispersed until then, is being reconstructed. A convincing conclusion is made that the observance of clear, principled guidelines for the ethnographic principle, as an unshakable legal basis for the formation of an independent cathedral state, brought undeniable practical results, while neglecting this principle, replacing it with other,mostly opportunistic approaches, ended without results.\u0000\u0000Key words: Ukrainian revolution, national unity, ethnographic principle, national territorial autonomy, independence, regionalism, separatism, Act of Zluka.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115109879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Quasi-sovereignity as an instrument of the expansionist policy of the RF in historical retrospect","authors":"Anastasiia Ivanova","doi":"10.33663/1563-3349-2023-34-189-200","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-189-200","url":null,"abstract":"The article provides a general overview of the means used to legalize and legitimize the expansionist policy of the Russian Federation through the history. It is emphasized that, basically, they are (pseudo) legal instruments - forms and means that imitate the external features of certain legal forms in order to create a simulacrum of social and legal reality and substitute them for legal institutions.\u0000\u0000Such a simulacrum is provided mainly with the imitation of the right of the people for self-determination, which is intended to simulate its realization and which takes place on three planes: subject – formation of an imaginary community, a simulacrum of the people; action – holding a pseudo-referendum; result – simulation of the secession process, of the procedure for proclaiming republics with the subsequent formal “declaration of sovereignty”.\u0000\u0000The creation of quasi-sovereign “puppet” republics to achieve certain political goals other than officially declared has been used by the USSR for political purposes since the very beginning. The latter is illustrated by examples from the history of the USSR, namely the creation of the Moldavian Autonomous Republic within the Ukrainian SSR. The decision to create it was made behind the scenes by communist forces, agreed upon by the highest communist party bodies of Ukraine and Moscow, and the dispute that arose between them over the organizational form was resolved unilaterally by the Moscow Communist Party, which further demonstrates the non-sovereignty of the Ukrainian Soviet authorities in the USSR. The purpose of the formation was foreign policy (the prospect of joining Romanian Basarabia) and domestic policy (strengthening Soviet power in the region). Only after these approvals did the republic become legally established, through a decision made by the democratic authorities - the All-Ukrainian Central Executive Committee on October 12, 1924, in Kharkiv. It was only on April, 19-23, 1925, that the 1st All-Moldovan Congress of Soviets took place. The Constitution of the Ukrainian SSR already referred to the establishment of Moldovan autonomy as the unification of the Ukrainian SSR with the Moldovan people on the basis of recognition of the right of all nations to self-determination.\u0000\u0000The author believes that the use of pseudo-legal forms and means to legitimize and legalize expansionist policies was a common means of the USSR and modern Russia; in none of the historical precedents did the Soviets and Russian authorities take responsibility for the direct management of the occupied territories, carrying it out through the mediation of agents and collaborators who imitated the people’s will.\u0000\u0000The author concludes that the widespread use of pseudo-legal forms can be called a characteristic feature of the expansionist policy of the Soviet and now the Russian authorities when trying to legalize and legitimize actions that are in fact occupations. It is worth noting that the use of such specific forms of l","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128583705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Strategic partnership Ukraine – Poland: challenges and achievements of wartime","authors":"Volodymyr Horbatenko","doi":"10.33663/1563-3349-2023-34-673-683","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-673-683","url":null,"abstract":"One of the most important directions of modern development of Ukraine is bilateral relations with leading European countries. This policy paves the way for the recognition of its European identity and creates broad opportunities for international cooperation on a mutually beneficial basis. The Republic of Poland was and remainsone of the partners and reliable allies of Ukraine in wartime conditions. Accordingly, the proposed article examines the specifics of the development of the strategic partnership between Ukraine and the Republic of Poland in the conditions of a large scale war unleashed by Russia against Ukraine. The fundamental principles and principles on which the strategic partnership of Ukraine and Poland is based have been clarified. The specificity of state and non-state aid of the government and people of Poland to forced migrants from Ukraine has been revealed. The joint information policy of opposing Russian propaganda and disinformation is substantiated. The specifics of forming a mutually beneficial security strategy are summarized. The factors of acceleration and optimization of the process of European integration of Ukraine with the assistance of the Polish leadership have been identified.\u0000\u0000It was found that in the conditions of the war, the Ukrainian-Polish strategic partnership turned into a real form of full-fledged cooperation between the two states. Poland proved to be a reliableally and arbiter in the provision of military aid. Therefore, the prospects for military cooperation are related to the gradual strengthening of these relations, which can become the basis of a military-political union and unification of countries that consider confronting the Russian threat as a priority strategic task. The interaction between Ukraine and Poland in the political, economic and social spheres has also intensified to a great extent, which is a guarantee of the common future of both countries. In order to further understand the development offriendly relations between Ukraine and the Republic of Poland, it is important tounderst and the process of institutionalization of common security policy and to counter hybrid threats, to determine priorities in all areas not only for the medium term, but also for the long term, which requires the consolidated efforts of states men, scientists and the public of both friendly countries.\u0000\u0000Key words: Russian-Ukrainian war, strategic partnership, mutually benefi cialcooperation, forced migration, countering disinformation, security strategy, European integration of Ukraine.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"634 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132439484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reflections on the cognitive purpose of comparative law (comparative jurisprudence)","authors":"O. Kresin","doi":"10.33663/1563-3349-2023-34-599-610","DOIUrl":"https://doi.org/10.33663/1563-3349-2023-34-599-610","url":null,"abstract":"The article showing that the highest goal of each autonomous general legal discourse is the construction and implementation of its vision and mission as a special picture of the world – a conceptualized and structured model of an aspect or fragment of reality accessible through its research program and methods. Depending on different types of scientific rationality, this picture of the world can be considered as a subject, object or goal of a scientific discipline, but it continues to be the main question of the latter, even if it is not formulated as such. The claim to the right to construct and present one’s own picture of the world as common to all legal discourses has actually been and is a key point of competition and dominance between legal philosophy, legal theory and comparative jurisprudence (comparative law) during the last two centuries.\u0000\u0000The author argues that only comparative jurisprudence’s awareness of its own fundamental experience and continuity, available opportunities and valuable advantages in creating a picture of the world can bring it from a semi-marginal state to a well-deserved central status among general legal disciplines in the scientific and educational agenda. In addition, a realistic and inductive picture of the world of comparative jurisprudence is better for considering and modeling the existing and potential serious challenges of legal development.\u0000\u0000Key words: scientifi c picture of the world, cognitive goal of science, comparative law, comparative jurisprudence.","PeriodicalId":128838,"journal":{"name":"Yearly journal of scientific articles “Pravova derzhava”","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123804538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}