THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE最新文献

{"title":"Problems of modern Ukrainian unitarism in the focus of doctrinal interpretation of the Constitution of Ukraine","authors":"O. Batanov","doi":"10.33663/2524-017x-2021-12-7","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-7","url":null,"abstract":"1. Vlasov Yu. L. Problemy tlumachennia norm prava : avtoref. dys. … kand. yuryd. nauk: spets. 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia polit. i pravovykh vchen». Kyiv, 2000. 17 s.\u0000\u00002. Malenta V. S. Neofitsiine tlumachennia norm prava : avtoref. dys. … kand. yuryd. nauk: spets. 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia polit. i pravovykh vchen». Kyiv, 2010. 16 s.\u0000\u00003. Molyboha M. P. Tlumachennia (interpretatsiia) pravovykh norm: naukove ta praktychne znachennia : avtoreferat dys.… kand. yuryd. nauk: spets. 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia polit. i pravovykh vchen». Kyiv,2010. 20 s.\u0000\u00004. Paleshnyk S. I. Tlumachennia v sudovii praktytsi: poniattia, osoblyvosti, vydy : avtoref. dys. … kand. yuryd. nauk: spets. 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia polit. i pravovykh vchen». Kharkiv, 2016. 19 s.\u0000\u00005. Pryima S. V. Pryntsypy tlumachennia norm prava : avtoreferat dys. … kand. yuryd. nauk: spets. 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia polit. i pravovykh vchen». Kharkiv, 2011. 18 s.\u0000\u00006. Chulinda L. I. Yurydychno-linhvistychne tlumachennia tekstiv normatyvno-pravovykh aktiv : avtoref. dys. … kand.yuryd. nauk: spets. 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia polit. i pravovykh vchen». Kyiv, 2003. 20 s.\u0000\u00007. Slidenko I. D. Tlumachennia Konstytutsii Ukrainy: pytannia teorii i praktyky v konteksti svitovoho dosvidu : avtoref.dys. … kand. yuryd. nauk: spets. 12.00.02 «Konstytutsiine pravo». Odesa, 2001. 22 s.\u0000\u00008. Bohdanevych T. S. Ofitsiine tlumachennia Osnovnoho Zakonu Konstytutsiinym Sudom Ukrainy : dys. … d-ra filosofii za spets. (081-Pravo). Kyiv, 2019. 256 s.\u0000\u00009. Kontseptsiia administratyvnoi reformy v Ukraini: Zatverdzhena Ukazom Prezydenta Ukrainy vid 22 lypnia 1998 roku № 810/98. Ofitsiinyi sait Verkhovnoi Rady Ukrainy. URL: https://zakon.rada.gov.ua/laws/show/810/98?find=1&text=%D1%83%D0%BD%D1%96%D1%82%D0%B0%D1%80#w13 (data zvernennya 19.06.2021)\u0000\u000010. Kontseptsiia derzhavnoi rehionalnoi polityky: Zatverdzhena Ukazom Prezydenta Ukrainy vid 25 travnia 2001 roku № 341/2001. Ofitsiinyi sait Verkhovnoi Rady Ukrainy. URL: https://zakon.rada.gov.ua/laws/show/161/2010?find=1&text=%D1%83%D0%BD%D1%96%D1%82%D0%B0%D1%80 (data zvernennya 19.06.2021).\u0000\u000011. Zakon Ukrainy «Pro zasady derzhavnoi rehionalnoi polityky» vid 5 liutoho 2015 roku. Vidomosti Verkhovnoi Rady Ukrainy. 2015. № 13. st. 90.\u0000\u000012. Kontseptsiia derzhavnoi movnoi polityky: Skhvalena Ukazom Prezydenta Ukrainy vid 15 liutoho 2010 roku№ 161/2010. Ofitsiinyi sait Verkhovnoi Rady Ukrainy. URL: https://zakon.rada.gov.ua/laws/show/161/2010?find=1&text=%D1%83%D0%BD%D1%96%D1%82%D0%B0%D1%80 (data zvernennia 19.06.2021).\u0000\u000013. Zakon Ukrainy «Pro zabezpechennia funktsionuvannia ukrainskoi movy yak derzhavnoi» vid 25 kvitnia 2019 roku. Vidomosti Verkhovnoi Rady Ukrainy. 2019. № 21. St. 81.\u0000\u000014.Kalakura Ya. S. Ukrainska sobornist yak istoriohrafichna problema. Sobornist yak chynnyk ukrainskoho derzhavotvorennia (do ","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126029673","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":"To the question of systemic errors in the interpretation of law in connection with the problem of the object of legal science","authors":"M. Miroshnichenko","doi":"10.33663/2524-017x-2021-12-11","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-11","url":null,"abstract":"In the proposed article, the author tries to prove that the important reason for the existence of systemic errors in the interpretation of law is directly related to the problem of understanding the object of legal science. The research was conducted within the framework of a systematic approach by the method of logical analysis. The author’s understanding of the object of legal science is highlighted, its logical structure is revealed. The connections between the structural elements have been established and the dependence of the appearance of systemic errors in the interpretation of the law on one or another scientific interpretation of this connection has been clarified.\u0000\u0000It is emphasized that among all known ways of interpreting law in the paradigm of different types of legal understanding, the marker of the presence or absence of systemic errors in the interpretation of law is a special legal method of interpretation based on special legal factors: a) features of legal understanding; b) the dominance in the legal science of a particular society and in a particular historical time of certain legal doctrines, views, theories on the essence of law, its functional role in society; c) features of legal practice; d) levels of development of legal reality.\u0000\u0000A hypothetical judgment is made that the solution of the issue of avoiding systemic errors in the interpretation of law should be carried out within the framework of the problem of the main issue of jurisprudence. Accordingly, the notion of law enshrined at the level of official legal doctrine should be used, which would reflect the objective trends of legal development of mankind in accordance with the laws of natural law and universal legal values formed at the intersection of material and spiritual needs of society. The author’s definition of the following concept is proposed: law is an objectively determined, rationally substantiated through a slice of general interest system of principles, institutions, norms, rules of conduct verified by social practice (which in systematic interaction do not contradict the requirements of morality and actions of the laws of natural law), the functioning and implementation of which are associated with government institutions that have a recognized right (privilege) to exercise coercion.\u0000\u0000A special vector of consideration is devoted to doctrinal legal errors, examples of negative consequences for the state, society due to systemic errors in the interpretation of law are given. \u0000\u0000Keywords: error, legal error, system errors of interpretation of law, precautionary measures.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"16 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114021472","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 concept and essence of legal awareness","authors":"I. O. Varakuta","doi":"10.33663/2524-017x-2021-12-21","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-21","url":null,"abstract":"The article conducts a comprehensive analysis of the category «legal awareness», identifies its essential content andsocial purpose. \u0000\u0000It is noted that the essence of legal awareness is that one should be well acquainted with the law (system of legal knowledge). In general, we can say that legal awareness reflects the level of knowledge of citizens of law and directly related phenomena. Knowledge of law primarily involves the reflection in the legal consciousness of the person of normative legal information, ie knowledge of the content of certain norms (principles) of law.\u0000\u0000It is substantiated that the state of legal awareness in the form in which it should be present in society, is achieved through proper legal education - systematic, planned activities of relevant entities, carried out using various tools, methods and techniques. It is established that legal education is a necessary element of personal access to law, which forms the attitude to law, trains a socially active member of society who knows his rights and opportunities, is able to defend and protect them in all ways.\u0000\u0000Factors that prevent the formation of a high level of legal awareness of the person have been identified. Among these are two current issues: 1) unsatisfactory state of legislation; 2) lack of a properly organized system of legal education and information by the state.\u0000\u0000It is established that legal awareness has a high social value. A high level of legal awareness contributes not only to the fullest realization of rights, freedoms and legitimate interests at the level of a particular individual, but also the development of democracy, improving governance, strengthening law and order throughout the country.\u0000\u0000Keywords: legal awareness, knowledge of law, legal education, legal consciousness, legal state","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"618 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120880038","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":"Interrelation of theoretical concepts of jurisprudence and legal practice (using the example of the category «legal subjectity»)","authors":"V. Sichevliuk","doi":"10.33663/2524-017x-2021-12-15","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-15","url":null,"abstract":"The article discusses the interrelation between theoretical concepts of jurisprudence and legal practice on the exampleof the category «legal subjectity». With an indication of real practical situations, the necessity of implementing the relevant theoretical achievements of legal science in the standards of practical legal activity is justified.\u0000\u0000It is noted that at the level of practice the integral content of legal categories, principles and other theoretical concepts of jurisprudence is inevitably operationalized and takes the form of terms. At the same time, the requirement for the unambiguity of the latter creates a constant need for practice in interpreting their content. The correct interpretation of the terms involves a combination of the achievements of theory and practical experience. Deviation from this rule leads to errors in terminology and mistakes in the interpretation of law. \u0000\u0000Attention is drawn to the need of using in the texts of judicial, administrative, contractual, and other documents the correct wording on the legal subjectity of separated units and governing bodies of legal entities. The contradictions of the notion of «complex legal entity» are also highlighted. Examples are given of how the legislative acts of Ukraine in some cases do not correspond to the basic principles of the legal entity institution, allowing the existence in the internal organizational space of legal entities of other legal entities. It is emphasized that this status of structural subdivisions of organizations and public authorities contradicts the need to ensure their organizational integrity as subjects of law, endowed with a complete kind of legal subjectity, namely «personal legal subjectity».\u0000\u0000Keywords: theoretical concepts of jurisprudence, category «legal subjectity», legal entity, personal legal subjectity, structural division of a legal entity.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121071530","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":"Approval of the principles of a democratic political regime in the constitutional process of modern Ukraine","authors":"O. Skrypniuk","doi":"10.33663/2524-017x-2021-12-53","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-53","url":null,"abstract":"The article is devoted to the establishment of the principles of a democratic political regime. The realization of the constitutional process is given by the state-building and law-making chance for the modernization of the constitutional order, which opens a perspective for the development of civil society-oriented civil society-oriented civil society. The process of democratization at the present stage is associated with a significant improvement in the system of organization and interaction of certain elements of the branches of government and the improvement of the form of government. Today, it is a recognized fact that there is a close connection between the form of government and the democratic political regime. The article maintains the idea that a democratic political regime is unthinkable outside the interaction between the state and civil society. Civil society is becoming a positive, constructive force, which can limit the state with its independence, and therefore is extremely important for the development of democracy, because it is able to limit the arbitrariness of the state and retranslate the relations to the public. Under a democratic political regime, the parameters and limits of state intervention are determined by the needs of civil society. In this context, constitutional changes should relate to changes in the constitutional system – a category that includes the basics of state and social order of Ukraine.\u0000\u0000Keywords: Ukraine, democracy, democratic political regime, constitutional process, form of government, civil society, state.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127309667","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":"Law and its interpretation in the context of cultural and historical process","authors":"T. Bondaruk","doi":"10.33663/2524-017x-2021-12-20","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-20","url":null,"abstract":"The article attempts to substantiate the approach to law as a socio-cultural phenomenon as decisive for its interpretationтin the historical process. P. Bourdieu’s formula «law is cultural capital» is offered as a starting point. Attention is drawn to law as a socio-cultural phenomenon, legal values as cultural and spiritual values, legal tradition, etc.\u0000\u0000Attention is drawn to some provisions of Dvorkin’s interpretive theory regarding the conditionality of the content of legal norms by political (strategies pursued by legislators through norms) or moral (principles implemented by judges in resolving conflicts in society) factors. It is concluded that to interpret the law in historical retrospect, when it comes to mastering the legal experience of a society accumulated over the centuries, the most productive, considering and researching law as a socio-cultural phenomenon.\u0000\u0000Culture, the core of which is values, as a collective programming of consciousness, which distinguishes members of one group or type of people from another (according to G. Hofstede), which includes law, determines the level of implementation and collective life of people in society / state, their social integration and social reproduction in general during a certain historical period.\u0000\u0000Keywords: law, socio-cultural phenomenon, cultural-historical process, interpretation.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126872487","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":"Significant conditions of the bank deposit agreement under the civil legislation of Ukraine","authors":"T. G. D’yachenko","doi":"10.33663/2524-017x-2021-12-47","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-47","url":null,"abstract":"In the article the author investigates the essential terms of the bank deposit agreement. In the course of the research the author analyzes the requirements to the content of the bank deposit agreement established by the Central Committee of Ukraine and special legislation, including the Law of Ukraine «On Financial Services and State Regulation of Financial Services Markets» and regulations of state regulators in the banking services market. Based on the analysis, the author concluded that the terms of the contract (in particular, essential) relate to the contract as a transaction and not as a legal relationship or document, and therefore, most of the conditions specified in special legislation are not essential, and their the absence may result not in the recognition of the contract as unconcluded, but as a basis for the application to the bank of measures of influence by state regulators of the banking services market. As essential conditions of the bank deposit agreement, established directly by law, the author considers only the subject of the agreement, and for a bank deposit agreement concluded in favor of a third party, such a condition also determines the name of the individual or the name of the legal entity.\u0000\u0000Keywords: contract, transaction, legal relationship, document, content of the contract, condition of the contract.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128884492","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":"Interaction of law-making and political pluralism in modern conditions of Ukraine’s development","authors":"T. Didych","doi":"10.33663/2524-017x-2021-12-12","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-12","url":null,"abstract":"The paper reveals the relevance of scientific knowledge of theoretical and legal aspects of the interaction of lawmaking and political pluralism in modern conditions of Ukraine. It is noted that the interaction of lawmaking and political pluralism is mainly an instrumental category, which is a feature of lawmaking and political pluralism, as well as the limits of influence on each other, according to which it is possible to measure the functioning of these legal phenomena, to establish their dynamics or functioning. determine their social purpose, regulatory potential and the state of their implementation. The interaction of lawmaking and political pluralism determines the possibility of their measurement, establishing the conformity of lawmaking to the objective conditions of political development of society and vice versa – the level of compliance of political pluralism with the requirements set by law. \u0000\u0000It is proved that the interaction of lawmaking and political pluralism is not chaotic and situational, but based on appropriate forms of interaction. Based on the analysis of scholars’ views on the understanding of the interaction of lawmaking and political pluralism, the existence of forms of such interaction is substantiated, as well as their features are identified, which is explained by the following:\u0000\u0000first, lawmaking and political pluralism are phenomena of the legal plan, respectively endowed with legal essence, determined by social development, develop synchronously and are able to function effectively only by interacting with each other. Such interaction takes place within the legal field, is manifested in the activities of lawmakers and the political system, allows to consolidate their efforts within socially useful activities and achieve socially useful results (formation of a perfect legal framework and building an effective, stable, organized political system);\u0000\u0000secondly, the interaction of lawmaking and political pluralism is manifested in their respective manifestations,\u0000\u0000which finds its expression in specific forms that reflect the peculiarities of their synchronous functioning, interaction and consequences that arise as a result of such interaction. Forms of interaction between lawmaking and political pluralism are multiple, as evidenced, on the one hand, by their multifaceted nature as phenomena of political and legal reality, and on the other hand – the multidimensionality of their impact on political and legal reality. The combination of forms of interaction between lawmaking and political pluralism allows to maximize their functional potential and ensure the organization of their impact on society and the achievement of socially useful results;\u0000\u0000thirdly, the interaction of law-making and political pluralism allows to further identify areas for improving law-making and increasing the level of political pluralism, eliminate existing shortcomings of cooperation and take measures to strengthen it.\u0000\u0000Keywords: law-formation, law","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133160151","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":"Teoh’s case on legitimate expectations in interpretation of international treaties. Lessons for Ukraine","authors":"Ievgen Zvieriev","doi":"10.33663/2524-017x-2021-12-48","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-48","url":null,"abstract":"The article provides a detailed overview of a famous Teoh’s case decided by High Court of Australia in 1995,\u0000\u0000focusing mainly on the issue of legal interpretation of legitimate expectations arising from ratified international treaties not implemented into the domestic legal system. The abovementioned case has been considered a novel approach of the court acting in dualist state. This approach was, however not upheld in further jurisprudence of the Australian High Court namely due to quite harsh response of administrative bodies and subsequent legislation which has further been adopted to specifically address this issue by Australian parliament. This does not, however deny the case’s significance in terms of scholarly attention to interpretation issues it has raised.\u0000\u0000Ukraine can view this case as an example as it does have its own problems with the status and interpretation of international treaties in domestic legal system. Unlike common law countries adhering to dualist approach to international law reception, Ukrainian Constitution recognizes ratified international treaties to be part of domestic legislation automatically, however it is silent on the status of these treaties in Ukrainian domestic legislation which at times causes certain problems with their interpretation and implementation.\u0000\u0000The article makes a try to solve the abovementioned issues by referring future interpreters to an alternative approach of international treaties’ interpretation to Article 8 of the Constitution of Ukraine dealing with the rule of law principle. It is the author’s position stipulated in the article that applying Article 8 in terms of the interpretation of international treaties in Ukrainian domestic law enriches the argumentation and shall be viewed as primary source of application to the issue.\u0000\u0000Keywords: international treaties, interpretation, legitimate expectations, priority of international treaties, Australia, migration law, children’s rights.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130234062","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 influence of socio-political events in Europe in the XVI-XVII centuries on the development of legal doctrine of Modern history","authors":"V. Vasetsky","doi":"10.33663/2524-017x-2021-12-23","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-23","url":null,"abstract":"In the history of the country’s development there are periods in which significant changes in social, political and economic life take place. These undoubtedly include the period of the European Reformation of the XVI-XVII centuries. Socio-political events in critical periods are at the same time the source of development in the legal sphere, when often in the struggle crystallize new, necessary for the development of the state, legal provisions of a doctrinal nature. \u0000\u0000The aim of this paper is to analyze the socio-political events in Europe in the XVI-XVII centuries, the results of the Thirty Years’ War and the significance of the Peace of Westphalia in 1648 in terms of influencing the development of legal doctrine of Modern history, and also to provide a comparison with the peculiarities of the socio-political situation that took place in the Ukrainian lands of that time.\u0000\u0000It is noted that since the beginning of the XVI century. almost the entire world of that time was covered by the Reformation. First of all, it was a broad socio-political movement that took the form of a struggle with the Catholic Church. Against this backdrop of socio-political and economic change, Protestantism has become widespread throughout Europe, associated with the names of Martin Luther, Jean Calvin, and Ulrich Zwingli. At the same time, the Catholic Church and the Jesuits opposed the Reformation and led the Counter-Reformation. The result of this confrontation was the Thirty Years’ War - the first pan-European war of 1618 – 1648 between the Catholic Union and the coalition of Protestant states. In European history, this war has remained one of the most terrible European conflicts. Historians estimate that more than 2 million military and more than 6 million civilians were killed. \u0000\u0000Thirty Years’ War in Europe in the XVII century. ended with the signing in 1648 at the same time in Münster and Osnabrück peace treaty, which was called the Peace of Westphalia in 1648. It is emphasized that the Peace of Westphalia contains a number of provisions of a doctrinal nature. It is made conclusion that this treaty was the source of modern international law and had a long-term impact on the development of relations between states. Among the most important principles of doctrinal nature are the following: state sovereignty has become a universally recognized legal category; the principle of freedom of conscience is recognized with certain restrictions; the idea of sovereignty and independence of each state was opposed to the idea of a single Christian community; proclaimed the idea of ensuring certain human rights, especially the principle according to which private property and the rights of citizens of a hostile state could not be changed by war.\u0000\u0000Ukrainian ties with European events of that era also took place. This was reflected in the text of the Treaty of Osnabrück, where Ukrainians are noted as allies of Sweden, and the Treaty determined the relevant international legal stat","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"308 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116619025","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}