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Реферат Supremacy of law is in the Ukrainian State

















Supremacy of law is in the Ukrainian State



Legal life of modern society undergoes cardinal changes due to the processes of globalization of cultures and civilizations, and to greater individualization (personalization) of society. It is difficult in these conditions to count on stability of legislation and former measures of the legal regulation. Swift vital changes suppose finding of new arguments by the law for providing of its effectiveness. The determining factor in these conditions becomes the system of legal values ??and professional legal culture as its basic transmitter. In the prism of changes in the contents of professional legal culture we can see the possibilities of overcoming the complications in which modern jurisprudence has appeared., The process of forming of professional legal culture takes place not only by means of legal norms and legal terms. Deep and frequently determining role belongs to the varied legal values ??such as: justice, freedom, formal equality, supremacy of the law and others. In fact, legal values ??from such image of law which professionals further used in legal life. We should note that legal values ??do not only exist as the image of law but get the further subject embodiment [1] and by means of professional legal activity are fixed in legal statutes, agreements, law enforcement acts, in the whole system of legal relations.ordinary consciousness legal values ??become valued orientation, when actualization of law for an individual under the influence of the concrete life situation takes place. On the whole legal activity becomes the sphere of embodiment of the valued characteristics of the law. Thus, the variety of existing in the modern world legal cultures is greatly connected with the features of the existing system of legal values ??of the psychological rigging of their perception and application, which bears the name of legal mentality.should note that exactly due to the specificity of legal values ??and legal mentality on the legal map of the world the Ukrainian law occupies its special place in Eurasian legal community. And although the discussion concerning the name of the legal community to which the Ukrainian law belongs will scarcely find the completion in the nearest years, it becomes clear that at least assertions about including of the Ukrainian law in the Roman-German of the legal community on the most different criteria demonstrates the insolvency. Indeed, «peculiarities» of the Ukrainian law, its originality, can be seen at all levels of its existence. Thus, the Ukrainian law, on the one hand, actively absorbs achieving other legal systems, their legal values, and from on the other hand - applies its legal heredity, its historical legal experience as the developed legal mentality, legal traditions and legal institutes, and the hierarchy of legal values ??for decision of goals of modern legal development of Ukraine.declared the principle of supremacy of the as the determining legal value, the Constitution of Ukraine has defined the major line of legal development, when the whole hierarchy of legal values of modern Ukraine lines up in accordance with supremacy of law. Thus, hopes about legislative (statute) law as the unique criterion of estimation of legal reality [2] and, in fact, all-embracing source of law. Recognition of pluralism of sources of law, determination of their system and subordination is the major task for modern life of the Ukrainian law, which should be solved in all directions of legal regulation.hope that in this situation the principle of supremacy of law opens the road to legal pluralism, allows not only to come to successive application of legal precedent in our legal system but also officially allows professionals to refer to the legal doctrine in the ground of legal decisions, that has already become reality in our legal life, taking into account the value of adopted codes at sanction of concrete legal situations.true direction of development of the Ukrainian law is the greater claim of value of legal process, both in traditional and in untraditional varieties. Here we can notice the principal changes of the legal sphere in connection with the forming of constitutional, economic and administrative processes. Thus, the principle of supremacy of law applied to the legal process is expressed in formation and realization of such legal procedures, which provide for the subject of law the real possibility of outcome to the legal sanction of life conflict in accordance with ideas of freedom, justice and formal equality. From the point of view of supremacy of law here can not be an obstacle for the legal decision such legal procedures, which either hamper the subject of the law access to the law and justice or refuse in it.fields of law as ci...


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