Abstract
In the article on the emanation of law, which is a practically unexplored subject in the modern special literature, the following conclusions are drawn: First: the emanation of law is the process of development of law from customary law to legal contracts, and its “initial link” is the objectively existing general (fundamental) and special principles of law, as a result of which a higher degree of certainty of law and law enforcement practice can be achieved, most importantly – the most effective protection of the rights and freedoms of subjects of legal relations. Second: the “center”, the “stage” of the emanation of law, the “center of the circle”, are the objectively existing general (fundamental) and special principles of law that unite it with the “periphery of the circle”, the rules of law that allow the system of legal forms to exist in internal and external unity. Third: the “stages” of forms of emanation of law were identified: customary law - legal acts - legal contracts which have different sources and contain legal regulators of legal relations – general (fundamental) and special principles of law and law norms. Fourth: the legal categories “evolution of law” and “emanation of law” are differentiated. Fifth: the development of law in the world takes place in the “forms” of the emanation of law and the evolution of law.
Published Version
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