On the emergence of new branches in the Ukrainian legal system

Abstract

The article analyses the current approach to the allocation of new branches in the legal system of Ukraine. The modern world does not stand still and is constantly evolving, giving impetus to the development of all spheres of human life, and, accordingly, relations arise which require legal regulation. Some scholars believe that if there is an independent subject of legal regulation, its own methodology of legal regulation and a set of specialized legislative acts, it is possible to distinguish an autonomous branch of law. The author determines that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach hinders the study of modern social legal relations. A negative attitude to the separation of new branches of law inevitably leads to gaps in the field of special legal research and, as a result, to a shortage of qualified personnel with specialized knowledge. It is necessary to take into account the positive experience of foreign lawyers who boldly present the developments of current practices and are not afraid to consider them as branches of law, we mean educational, sports, military, gender, “cryptocurrency”, admiralty, law, etc. The author concludes that the division of law into new branches makes it possible to regulate legal relations in the relevant areas of activity more effectively, given that global trends are increasingly demanding universal lawyers, but with specialization, with in-depth knowledge in a particular or several branches of law.