MECHANISM OF INTERRELATION OF LEGAL PRESCRIPTIONS IN SYSTEM OF LEGAL SOURCES OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
Article is devoted to illumination of the relevant right in the theory a question – the mechanism of interaction of standard and legal instructions in the modern domestic system of sources of the right. The mechanism of interaction of system of sources of the right of Ukraine includes means and ways by means of which coherence and balance of standard and legal instructions is provided. Typical ways of ensuring coherence and balance in the modern domestic system of sources of the right it is possible to carry to the main: law-making, systematization of standard and legal instructions. An important way of ensuring interaction of standard and legal instructions in the modern domestic system of sources of the right the monitoring program which would provide observation both of activity of law-making subjects, and on quality of sources of the right has to be. Fixed assets, ensuring interaction of standard and legal instructions are: laws and bylaws; acts of interpretation and systematization; methodical recommendations, or other legal documents containing technical production requirements to contents, a form, interactions of sources of the right and so forth can be them also. The mechanism of interaction of standard and legal instructions will be effective provided that it will include: principles of interaction of standard and legal instructions; main types of interaction; circle of subjects; necessary specific weight of legal means; typical ways of ensuring coherence and balance of standard and legal instructions; spheres and limits of legal regulation are accurately defined; order of implementation of instructions; order of overcoming collisions and other deformations; list of the main technical and technological ways and means. When forming the mechanism of interaction of standard and legal instructions in Ukraine it is necessary to consider that the most widespread types of interaction of standard and legal instructions in the domestic system of sources of the right are: in a subject of legal regulation: civil, constitutional and legal, criminal and legal and others; on validity: subordinated, coordination; behind an external form of the right: standard acts, standard and contractual and so forth.
Authors and Affiliations
Н. С Бабірецька
Keywords
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