International legal standards in the legal system of Ukraine
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article focuses on the issues of application of international legal standards in the legal system of Ukraine, and considers problems of their implementation on the basis of an in-depth understanding of the essence of such standards, their internal structure and connection with other legal phenomena. The factors influencing the mechanism of application of international legal standards, the influence of legal tendencies on the use of standards in the legal system, determination of their nature and relation with other legal categories are considered. The feasibility of using legal standards to respond to current challenges, both nationally and internationally, is substantiated. Legal standards are considered from the perspective of international legal trends and an increasing role of the state in solving economic problems, preventing crisis, convergence of institutions of public and private law, convergence of the Continental and Anglo-Saxon system of law, dissemination of «quasi-precedent» and «reasoned» law, etc. The article substantiates the need for an analysis of legal standards based on their three-level structure: international legal formalisation in legal documents, their practical use at the level of international jurisdictional bodies, doctrinal interpretation and recognition of standards in the scientific legal literature. The complexity of the analysis of international legal standards is substantiated by the presence of certain interconnectedness of different standards, meaningful boundaries between which are sometimes indefinite, which requires further scientific research. It is emphasized on the special methodological significance of international legal standards as a doctrinal general scientific category.
Authors and Affiliations
Yevhen Kubko
Keywords
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