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Реферат Supremacy of law is in the Ukrainian State





vil, criminal, administrative and labour become actual foundamental of the whole system of the Ukrainian law, in the aspiration to fix and confirm principles, statutes and methods at the level of coded laws of Ukraine. In the Ukrainian law the principle of supremacy of law at its realization is expressed in the increase of the role of the specified fields of the law in the mechanism of action of law, as it is connected with bringing in of norms and values ??of the fundamental industries at the decision of tasks at all levels of hierarchy of the fields of our law including profiling and complex.spite of the fact that the legal policy of modern Ukraine is rather contradictory and strategically poorly expressed, the developing legal life, orientated to supremacy of law, should inevitably carry out its co-ordination.the major legal value the supremacy of law is called to provide harmonization of legal values, as in fact application of the supremacy of law in legal cultures, differentiating in basic values, provided by the law (legal values) are reflected in the developing legal values.against for the western values ??the determining values ??of legal culture are personality, honour, order, normativeness, public benefit, the domestic legal culture is based on collectivity, dignity, justice, duty. So it is clear, why application of the principle of supremacy of law can not change originality of hierarchy of legal values ??in our legal culture. For example, an attempt at the constitutional level to recognize the personality the supreme value of the Ukrainian law (Article 3 of the Constitution of Ukraine) does not find the further confirmation at the level of the branch regulation, in particular, the Criminal Code of Ukraine. Public safety in legal mentality of people of Ukraine remains determining in comparison with safety of an individual. In spite of numerous attempts in the legislation to line up legal values ??on the basis of the equitable law, as well as before, it is noticeable the priority of legal duty which still remains the leading legal value of our legal culture.think that modern jurisprudence , insisting on the supremacy of law as the major legal value, just allows applicably to each legal culture to show out the sodium to legal harmony, providing not only the hierarchy of legal values ??but also the choice of legal decisions on the basis of existence of legal mentality, legal traditions and legal institutes.the principle value has also distinction of values ??of law (ie the values ??which are confirmed and saved by the law) and legal values ??(ie the values ??carried out through ages and generations law, legal culture).basis of the law is such absolute values ??as saving of life, family, property, maintenance of safety, getting knowledge, decision-making and etc. Thus, office or instrumental value of law is expressed, in particular, how to make the border between values ??and antivalues. At the same time the special purpose of right law is in saving of existent values ??and their recognition as values ??of law, showed up in such directions as: fixing of values, informing about values, creation of hierarchy of values, redistribution of values, and , finally, protection of values. [3] instrumental value of law is its valued sense as the certain regulative, in accordance with rules and requirements of which people line up the conduct. Distinction of the existing legal cultures determines the distinction in the volume of normativeness, forms of its existence, procedures and methods of maintenance. Thus if normative insufficiency of legal culture can cause disorganization of relations, raise of criminality, etc., normative surplus, creating firmness and monolithic nature of order, limits freedom and initiative of the personality, it frequently becomes the obstacle for its personification. Consequently, achieving of optimum normativeness of legal culture, promotes the valued sense of regulatives. The instrumental value of law is the higher, when the volume of the legal regulation at the greater degree conforms the requirements of life.special discussion should be deserved to the question about the possibility to carry out ranging of values, and to line up their hierarchy with the help of law. And the two positions should deserve special discussion. Foremost, the thesis about impossibility of the social ranging of the different understandings of blessing, as there is not comparableness of the individual understandings of blessing, and, consequently, such social (including legal) ranging the essence of trampling of the ideal of the free personality. And, secondly, all social blessings (welfare, safety, position, education, calling etc.) are divided into spheres, guided by different principles. Besides in different cultures different social significance is attached to these social blessings. Therefore the thesis of uncomparableness, asserting absence of acceptable method of ranging ...


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