THE LEGAL PROGRESS AND THE FUNDAMENTAL PRINCIPLES OF LAW
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2017, Vol 28, Issue 2
Abstract
The article examines the relationship between the legal progress and the fundamental principles of law in the context of their implementation at different levels of the legal system. The fundamental principles of law are great tool for providing legal progress. So, the legal progress» is not only a tool to improvement of the legal system but the means of knowledge of the legal reality. The article examines the relationship of legal progress with such fundamental principles of law as justice, equality, freedom, humanity. The author points out that achieving legal progress in the relevant legal system (or in part of it) provides the maximum possible implementation of fundamental principles of law. It is proved that the fundamental principles of law serve as boundaries of legal systems providing legal progress. The article aims to explore the nature and characteristics of the fundamental principles of law in the context of legal system. The author points out that the legal progress depends on the extent to which the fundamental principles of law would be implemented in legal system. The fundamental principles of law also act as a goal and a landmark of legal system development. They point direction of legal progress. Violation of the fundamental principles of law by the state interrupts the evolutionary path of social development. This, in turn, has the effect of simplifying the legal system, its degradation or, in other words, the legal regress. The legal progress in determining the direction of legal system development depends on the extent of the fundamental principles of law implementation at all levels of legal system: ideological, normative and functional.
Authors and Affiliations
А. В. Воронцова
Keywords
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