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ВПЛИВ ПРАВОВОЇ ДОКТРИНИ НА ЗАКОНОТВОРЧУ І ПРАВОЗАСТОСОВНУ ПРАКТИКУ.

Authors :
Ю. В., Стрійський
Source :
Uzhhorod National University Herald Series Law; 2024, Vol. 84 Issue 1, p109-112, 4p
Publication Year :
2024

Abstract

The article examines and reveals the impact of legal doctrine on law-making and law-enforcement practice. It is noted that today the doctrine lacks a systematic approach to its use in the law-making process. Accordingly, this leads both to a decrease in the value of the doctrine itself and to negative consequences for the legal system as a whole. From these positions, the doctrine continues to occupy its important niche and life source in the legal system. It is the doctrine that forms the legal concepts used by the legislator and establishes the methods by which the law is discovered and laws are interpreted. However, even the systematic interpretation of legal norms cannot always fill the gap in the legal regulation of social relations. Therefore, precisely in this case, the courts turn to the legal doctrine, which is used to reveal the content of the legal norm, which is present in the legislation or is absent in its content. As a rule, in the content of the motivational part of court acts, references to legal doctrine are often found to confirm one’s legal position and to strengthen its effect, which indicates a balanced decision made in the case. Summarizing the analysis of judicial practice materials, it is possible to formulate the purpose for which the legal doctrine is used: filling gaps in the legal regulation of social relations, interpreting legal norms and establishing their legal nature and content. Accordingly, it can be stated that the legal doctrine embodies a system of well-founded, theoretical and scientific provisions that have applied value and are used to eliminate gaps, correctly interpret and apply legal norms and, on this basis, search for optimal legal solutions. It is proved that the legal doctrine is a kind of indicator for relevant events and situations that may arise in the field of legal regulation of social relations. Therefore, during the development of projects of regulatory legal acts, the use of legal doctrine allows analyzing the dynamics of the development of social relations that are subject to legal regulation. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
23073322
Volume :
84
Issue :
1
Database :
Complementary Index
Journal :
Uzhhorod National University Herald Series Law
Publication Type :
Academic Journal
Accession number :
179719167
Full Text :
https://doi.org/10.24144/2307-3322.2024.84.1.15