乌克兰现代国家建设过程中的法学问题:挑战与任务

Q3 Arts and Humanities
N. Parkhomenko, T. Podorozhna, T. Tarakhonych, L. Andrusiv, L. M. Mozoliuk-Bodnar
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引用次数: 0

摘要

本文通过宪法改革和确保宪法秩序的棱镜,考察了乌克兰现代国家建设过程背景下的法学问题。报告强调,造成社会政治危机、经济动荡和社会倒退的主要原因之一是立法不完善,这往往不符合乌克兰社会的需要、欧洲原则和国际标准。另一方面,历史清楚地证实,通过一部新宪法或修改现行立法和改进立法本身并不意味着真正的法律和秩序。超过四分之一个世纪以来,乌克兰一直处于过渡状态。值得注意的是,对几乎决定国家所有改革的宪法立法影响的评估揭示了以下优先事项:为形成新的宪法(国家和社会)体系创造有利条件;确定形成新的经济关系体系的条件;巩固国家和社会政治生活的组织和运作的新原则;《基本法》规定的实际执行情况;进一步将法律体系的所有要素宪法化;承认国际法的权威。关于后者,有人指出,《乌克兰宪法》所宣布的法律理念、规范和原则、关于人权和公民权利和自由的规定必须符合国际标准,因为乌克兰在成为欧洲委员会成员后,已承诺执行欧洲人权标准、法律至上和民主。乌克兰宪法的修正案应该为民主变革和欧洲民主的建设奠定基础,从而使乌克兰成为一个独立的欧洲国家,每个乌克兰人都能感受到尊严和保护。最后得出的结论是,现代法律学的特点是采用了许多科学的方法论方法,这使得在不同方面对法律和立法进行全面的研究成为可能。这在客观上是由于包括国际关系在内的社会关系不断复杂化,需要对这一类别的内容及其进一步发展的前景有更深入的了解。只有在进行这一进程时考虑到法律的具体情况,并因此考虑到法律所知的原则,这一进程才会有效。毫无疑问,只有在方法上健全的法律研究才能形成一种整体的内部一致的法律理论,这种理论可以应用于国家和法律理论、其他法律领域以及国家和法律发展过程,包括在乌克兰
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Problems of legal science in the context of modern state-building processes in Ukraine: Challenges and tasks
The article examines the problems of legal science in the context of modern state-building processes in Ukraine through the prism of constitutional reform and ensuring the constitutional order. It is emphasised that one of the main causes of the socio-political crisis, economic unrest and social regress is imperfect legislation, which often does not meet the needs of Ukrainian society, European principles and international standards. On the other hand, it is obvious and historically confirmed that the adoption of a new Constitution or amendments to the current and improvement of legislation does not in itself mean a real law and order. For more than a quarter of a century, Ukraine has remained in a state of transition. It is noted that the assessment of the impact of constitutional legislation, which determines almost all reforms in the state, revealed the following priorities: the creation of favourable conditions for the formation of a new constitutional (state and social) system; determining the conditions for the formation of a new system of economic relations; consolidation of new principles of organisation and functioning of state and socio-political life; actual implementation of the provisions of the Basic Law; further constitutionalisation of all elements of the legal system; recognition of the authority of international law. Regarding the latter, it is stated that the legal ideas, norms and principles proclaimed in the Constitution of Ukraine, provisions on human and civil rights and freedoms must meet international standards, because by becoming a member of the Council of Europe, Ukraine has committed itself to implement European human rights standards, the supremacy of law and democracy. It is the amendments to the Constitution of Ukraine that should provide the foundation for democratic change and the construction of a European democracy that will allow building in Ukraine an independent European state, where every Ukrainian will feel dignified and protected. It was concluded that modern jurisprudence is characterised by a number of scientific methodological approaches, which allows a comprehensive approach to the study of law and legislation in different dimensions. This is objectively due to the constant complication of social relations, including international ones, and requires a deeper understanding of the content of this category and the prospects for its further development. This process will be effective only if it is carried out taking into account the specifics of law and, accordingly, the principles of its knowledge. There is also no doubt that only methodologically sound research of law will allow forming a holistic internally consistent theory of law, which can be applied in the theory of state and law, other areas of law, as well as in the course of state and legal development, including in Ukraine
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