现代乌克兰发展条件下立法与政治多元化的互动

T. Didych
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引用次数: 0

摘要

本文揭示了在乌克兰现代条件下立法和政治多元化相互作用的理论和法律方面的科学知识的相关性。值得注意的是,立法和政治多元化的相互作用主要是工具性范畴,这是立法和政治多元化的一个特点,也是相互影响的限度,据此可以衡量这些法律现象的运作,确定它们的动力或功能。确定它们的社会目的、监管潜力和实施状况。立法与政治多元主义的相互作用决定了二者衡量的可能性,确立了立法对社会政治发展客观条件的符合性,反之亦然——即政治多元主义对法律规定的要求的符合性。事实证明,立法与政治多元化的互动不是混乱的、情境化的,而是建立在适当的互动形式之上的。在分析学者对立法与政治多元化互动关系理解观点的基础上,论证了立法与政治多元化互动关系形式的存在,并确定了其特征,其解释如下:第一,立法与政治多元化是法律规划的现象,分别被赋予法律本质,由社会发展决定;同步发展,只有通过相互交流才能有效地发挥作用。这种相互作用发生在法律领域内,表现在立法者和政治系统的活动中,使他们能够在对社会有益的活动中巩固他们的努力,并取得对社会有益的结果(形成完善的法律框架,建立有效、稳定、有组织的政治系统);立法和政治多元化的相互作用表现在它们各自的表现形式中,这种表现形式以特定的形式表现出来,这些形式反映了它们的同步功能、相互作用和这种相互作用所产生的后果的特点。立法与政治多元化之间相互作用的形式是多种多样的,这一方面表现为它们作为政治和法律现实现象的多面性,另一方面表现为它们对政治和法律现实的影响的多面性。立法与政治多元化互动形式的结合,可以最大限度地发挥其功能潜力,确保其对社会的影响组织起来,取得对社会有益的成果;第三,立法与政治多元化互动,可以进一步确定立法改进和提高政治多元化水平的领域,消除现有合作的不足,并采取措施加强合作。关键词:法律形成、立法、法律形式化、立法活动、政治多元化
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Interaction of law-making and political pluralism in modern conditions of Ukraine’s development
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. It 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: first, 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); secondly, the interaction of lawmaking and political pluralism is manifested in their respective manifestations, which 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; thirdly, 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. Keywords: law-formation, law-making, legal formalization, legislative activity, political pluralism
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