Legal Ideas Research Articles

TRADISI MAANTA KATUPEK DI NAGARI SIMAWANG KECAMATAN RAMBATAN KABUPATEN TANAH DATAR MENURUT HUKUM ISLAM

This research examines how to apply the customs of maanta katupek in Nagari Simawang, Rambatan District, TanahBackground Regency for Islamic law and how Islamic law is studied for the application of maanta katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency. The purpose of this review is to identify and explain how to apply the customs of maanta katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency and to analyze Islamic legal ideas for the implementation of the customs of Maanta Katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency. The research method used is field research, to obtain data from supervised cases. The method of gathering information used is through monitoring and debriefing with KAN leaders, niniak mamak, and husband and wife companions who do not practice the maanta katupek customs. Processing of information was attempted by descriptive qualitative. The results of the research is that after carrying out a marriage or offering sincerity in Nagari Simawang, Tanah Datar Regency, there are customary provisions that must be carried out, namely the customs of maanta katupek, maanta katupek, which is a routine of maanta katupek which is delivered by the husband to the wife's house if the companion carries out walimah , if these customs have not been carried out until the marriage for the husband and wife's companion in a legal custom in Nagari Simawang, Rambatan District, Tanah Datar Regency, it is listed as having an arranged marriage. The conclusion of this research can be concluded that the customs of Maanta Katupek are traditions passed down from generation to generation by residents in Nagari Simawang. The limitation in this research is that researchers only carry out research in Simawang Nagari. suggesting connection research to be a challenge in formulating problems.

Responsive Law and Progressive Law: Examining the Legal Ideas of Philip Nonet, Philip Selznick, and Sadjipto Raharjo

Responsive Law and Progressive Law are two relevant approaches in legal studies developed by legal thinkers such as Philip Nonet, Philip Selznick, and Sadjipto Raharjo. These approaches offer different perspectives on understanding and applying the law in a constantly changing social context. Despite having different perspectives, both Progressive Law and Responsive Law share the same goal of creating a more just and relevant legal system in a social context. This paper aims to examine the ideas of Philip Nonet, Philip Selznick, and Sadjipto Raharjo regarding Responsive Law and Progressive Law. Through this examination, it is expected to reveal the differences, similarities, and contributions of each thinker to the development of more inclusive, adaptive, and just legal thinking in an evolving social context.

Development of Ukrainian political and legal thought in Galicia in the interwar period (1918-1939)

The article provides a historical and legal analysis of the formation and development of Ukrainian political and legal thought in Galicia in the interwar period. The methodology includes the analysis of the narrative base, as well as the intellectual heritage of Western Ukrainian politicians and thinkers, followed by generalization and formulation of relevant conclusions and recommendations. For the objectivity of the research, a complex of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematicity and comprehensiveness, were used. The results. The state of the research was established and the degree of development of the topic was clarified. The socio-economic, political and legal factors and peculiarities of the formation of the national-state ideology in the western Ukrainian lands are characterized. In the interwar period (1918-1939), the political and legal ideas of restoring Ukrainian statehood in Galicia differed significantly from the political concepts of the pre-war period. This was caused both by the consequences of the national revolution of 1918-1923 and by changes in the intellectual environment of Ukrainian politics. This period became one of the most productive for the Ukrainian political and legal thought of Galicia, because the works written at this time reflected the possibilities of combining theoretical analysis with the experience of state building in 1918-1920. Their authors thought not only about what ways to win independence, but also tried to substantiate the principles of self-organization of the Ukrainian community, outline the principles of the future Ukrainian independent cathedral state.
 The scientific novelty of the obtained results lies in the fact that for the first time in the article a historical and legal analysis of the development of political and legal thought in Galicia is carried out, the stages and directions of its formation in the interwar period are determined. Practical significance. The results of the research can be used in further historical and legal investigations, preparation of special courses.

Foreign practices of representing a victim of a traffic accident in criminal proceedings

A substantial increase in the quantitative indicators of traffic accident statistics in Ukraine in recent years, as well as a tendency to decrease the effectiveness of solving this type of crime due to a decrease in attention to the problem, leads to impunity for the guilty, as well as the inability of victims to protect their rights and interests. Despite the armed aggression of the Russian Federation, such basic institutions as the representation of the interests of the victims, especially in the field of crimes against traffic safety and operation of transport, must have clear legal regulation at the state level, which is precisely what determines the relevance of this study. The purpose of this study was to analyse the foreign practices of the victim representation institution both in the general context and in terms of crimes against traffic safety and transport operation, as well as standardization and improvement of the current legislation by borrowing foreign legal ideas. The basis of the methodological approach is dialectical and comparativist methods, which helped analyse the legislation of several European countries. The study analysed the legislation of the Netherlands, Germany, the USA, and Great Britain for comparative analysis and to find gaps in national legislation. The need to distinguish between the terms “representative of the victim” and “legal representative”, as well as to separate the category “advocate-representative of the victim” from the general concept of “defender in criminal proceedings” was proved. Some provisions were also presented, according to which the legally mandatory participation of a lawyer representing the victim in road traffic accident cases and the presence of certain conditions should be established. The study focuses on the issue of compensation for damage caused to the victim as a result of the accident and possible aspects of its settlement at the state level, considering the practices of the Netherlands. The results obtained during this study are an important theoretical basis for improving the legal regulation of the activity of a lawyer representing a victim of a traffic accident

Some historical and legal aspects of bringing to legal responsibility for giving and executing criminal orders and orders

The article provides a general description of the evolutionary stage of the development of legal responsibility for issuing and executing criminal orders and orders arising from the legal and historical sources of the Ancient World, Ancient Times and the Bible as the basis for the development of modern constitutional law. The biblical understanding of legal responsibility for issuing and executing criminal orders and orders, its content, nature and types is analyzed separately; the cause-and-effect relationship between the actions of government representatives and ordinary people and the onset of responsibility for violating God’s commandments is revealed.
 From the analysis of historical and legal sources, it can be seen that the legal responsibility for issuing and executing criminal orders and orders went through certain stages of formation, which are directly related to the processes of emergence and development depending on the historical type of the state and its legal instruments.
 It is noted that the first states that at the legislative level established legal responsibility, that is, punishment, including for giving and executing criminal orders and orders, were the states of the Ancient East, in particular, Ancient Egypt, Ancient Babylon, and Ancient India, where at the legislative level legal responsibility was introduced not only for ordinary people, but also for representatives of the authorities for criminal actions against the state that encroached on the established state order. In most cases, the punishment for such acts was the death penalty. But from the analysis of separate historical legal sources, it also follows that at the legislative level, certain subjects, representatives of the authorities, who had certain immunity and could not bear legal responsibility for their actions, including those expressed in giving criminal orders or orders, were defined at the legislative level. Since it was possible to apply a separate type of responsibility of a social and not a legal nature in relation to such persons, although it was of a coercive nature.
 It is pointed out that in the historical sources of the Ancient World, the understanding of legal responsibility for issuing and executing criminal orders and orders was carried out through the prism of moral and ethical norms that were in force at that time in society. Such criteria served not only as a pillar of law and justice, but were also fundamental for distinguishing orders and orders that had a criminal nature and bringing their authors to legal responsibility. At the same time, it was the development of the idea of legality in the works of thinkers of the ancient era that became the basis on which legal responsibility was based. Because the principle of legality was interpreted by thinkers as the principle of equality before the law and the inevitability of responsibility, including representatives of the authorities, who, having powerful powers, could sometimes use them in violation of the law, by issuing criminal orders and orders.
 It is argued that the idea of legal responsibility for issuing and executing criminal orders and orders dates back to biblical times, where it is inextricably linked to the doctrine of the origin and separation of powers. Therefore, in view of the significant influence of Christianity on the formation of the Western legal tradition, in particular the texts of the Bible, which in fact became the civilizational foundation on which the legal norms designed to regulate social relations between people and government institutions were based and will continue to be based, including the scope revealed which is assigned to man for his dominion and the limits where such dominion ends. And in the event that not only representatives of the authorities, but also anyone violates the commandments established by the Creator, including not only by issuing, but also by executing orders or orders, then such actions are subject to condemnation, and the person himself is subject to punishment.

Significance of Non-Statutory Sources of Criminal Law When Evaluating an Act as Insignificant

Relevance. The correct solution of complex problems of law enforcement is facilitated by the appeal not only to legislatively fixed, but also to other sources of law. It is especially important to correctly determine the role of unofficial sources of law in the application of the criminal law, which is due to its exceptional position in the system of regulation of social relations, which are imposed on criminal law prohibitions by the requirements of clarity of expression, certainty of content and fairness. The theoretical and legal research needs a contribution to the content of the criminal law norms of other sources of law in determining the boundary between crimes of various types and administrative offenses, as well as in assessing the act as insignificant.The purpose of the study is the theoretical and legal analysis of the role of legally fixed and not fixed sources in the application of criminal law.Objectives of the research of the study include: substantiating the accounting and determining the role of sources of criminal law that are not legally enshrined in the qualification of crimes and the assessment of the act as insignificant.The research methodology is based on the dialectical general method, and also includes the methods of analysis, synthesis, induction, deduction, logical and system-structural.Results. On the example of the qualification of crimes and the assessment of acts as insignificant, the admissibility of referring to sources of law not formalized by law is argued, since they play a significant role in the process of criminalization and in the formulation of criminal law norms. The influence of the development of protected public relations and the modification of encroachments on the content of sources of law is shown. The importance of taking into account these processes for bringing both the criminal law itself and the practice of its application in line with the emerging socio-economic and political conditions is substantiated.Conclusion. When evaluating an act that formally contains signs of a crime, from the point of view of the possibility of recognizing it as insignificant, the appeal not only to the criminal law, but also to other sources of law, is due, firstly, to their retrospective role in the criminalization of acts, and secondly, to the dialectical connection of legal ideas with legal form and legal reality

THE «ZHOU YI» («BOOK OF CHANGES») IN THE SOCIAL AND CULTURAR CONTEX

The article deals with the tradition of classical Chinese text «The Book of Changes». The relevance of the work lies in the fact that the value of "Zhou Yi" has been thoroughly studied by Chinese scientists, but for readers who do not speak Chinese, many aspects of the unique classic book are little known. It is shown that the text of «Zhou Yi» is much more meaningful than combinations of hectograms. The authors of the article point out that "Zhou Yi" was used to discuss many cultural and legal issues. The "Book of Changes" contains entries about the problems of ordering property issues. Such discussion contributed not only to the settlement of property management issues, but also consolidated the ancient tradition of following the morality and virtue. The article presents that the sphere of marriage and the family relations, based on the engagement ceremony, formed the basis of the entire future marriage system of China for many generations. The authors show that a separate chapter "Zhou Yi" is devoted to the rules of inheritance. In this section of the "Book of Changes" inheritance in the male line becomes the fundamental principle in China. This article emphasizes that much attention in the "Book of Changes" is paid to the forms, types and methods of execution and punishment, as well as the system of evidence. The article provides an analysis of the social, cultural and legal ideas of «Zhou Yi», which determined the specifics of the Chinese legal system.

FRIEDRICH HAYEK’S EPISTEMIC APPROACH TO LAW

This study aims to fill the lacuna in the legal views of a famous economist and philosopher, Economics Nobel Prize winner Friedrich Hayek. Although Hayek’s economic and political ideas have eclipsed many other attempts to understand and overcome the social cataclysms of the 20th century, his legal views have never been explored in detail. Despite a considerable volume of secondary literature, the essence of Friedrich Hayek’s concept of law is yet to be pinned down by scholars. In order to shed light on the topic, we will resort to the reconstruction method, a classic in Hayek studies. For the main hypothesis, we assume that Hayek’s conception of law is based not on his liberal political philosophy but rather on his theory of knowledge or, in other words, his epistemology. This idea has not been tested systematically in earlier Hayek studies. The main conclusion is that the epistemological perspective on the topic allows us to observe some of the specific features of Hayek’s legal views in greater depth than the traditional “liberal” approach. Unlike these interpretations, the “epistemic concept of law” approach can help explain the radical changes in Hayek’s late works and organize his often-disparate legal ideas into a logical system. Therefore, we claim to have achieved a clearer understanding of the essence of Hayek’s legal views and further clarified his contribution to the theory of law.

Legal nature of the principle of legal certainty as a component element of the rule of law

One of the main elements of the rule of law is the principle of legal certainty, which provides, inter alia, that in any dispute, a court decision that has entered into force cannot be called into question. The subject of the most discussed today constitutional principle of legal certainty is today seen as a structural element of the rule of law, necessary for the stabilization of legal relations and systems in which the judiciary and courts play an important role. The principle is the main commandment of the system, its true basis; disposition, which radiates different norms, composing their spirit and serving as a criterion for their precise understanding and reason, precisely because it determines the logic and rationality of the normative system, in that it gives it a tonic and gives it a harmonious meaning. The principle is a constitutional category, and there are several that relate to the process. The purpose of this article is to highlight the need to adhere to the principle of legal certainty in various aspects of foundation and understanding that cover a modern topic, starting with the undeniable theoretical and conceptual evolution of its basis and evaluative nature, which, in a more complex and complex form, years has meant a kind of set of content and conditions that are interrelated for the regulation of life between individuals and state institutions, which is a guarantee of the stability of law. The case is relevant because of the complexity of the relations prevailing in the postmodern world, with undeniable insecurity and unpredictability today, especially in the political, social, economic and legal spheres, the reflexes of which in law are even more obvious. From the constitutional principles of equality and justice follows the requirement of certainty, clarity and unambiguity of the legal norm, as otherwise can not ensure its uniform application, does not preclude unlimited interpretation in law enforcement practice and inevitably leads to arbitrariness. Legal certainty is becoming an increasingly important and significant factor in law-making and law enforcement processes. Numerous decisions of the European Court of Human Rights against Ukraine, which have a direct indication of non-compliance by the state with this principle, allow us to qualify the commented legal idea as a fundamental and independent phenomenon. Legal certainty, as it follows from the texts and interpretations of judges, means clarity, certainty and accessibility of the legal standard.

Fetha Negest and the Existing Federal Laws of Ethiopia

Abstract The purpose of this paper is to demonstrate the contribution of Fetha Negest to the development of Ethiopia’s legal system and to evaluate the present judges’ appointment law of Ethiopia in line with indigenous sources. It focuses particularly on Fetha Negest, which had a significant impact on Ethiopia’s judicial system until the early 1940s. To this effect, the research for this paper discovered chapter 43 of the Fetha Negest and the federal judicial administration proclamation No. 1233/2021 through critical review. The paper thus finds that the current laws do not confirm Fetha Negest as their source and instead opt to transplant legal ideas from other countries. Due to this, the laws have been repeatedly amended and lack acceptance. Moreover, these transplanted laws face the issue of compatibility with the local culture. Legislators and concerned bodies should thus turn to indigenous sources before adopting external ideas.

State Nobility in the Field of International Criminal Justice: Divergent Elites and the Contest to Control Power over Capital

Abstract Criminal law was long considered as the sovereign domain of the state. However, after the end of the Cold War, states created new international criminal courts. These courts are part of a wider field of international criminal justice in which different elites work to develop, support, and critique legal ideas and practices that either complement or challenge the state. Inspired by Pierre Bourdieu’s sociology and based on a multiple correspondence analysis with sixty-four modalities, this article contributes a critical analysis of 365 elite agents active in this field. The analysis shows how different types and volumes of capital structure relations between these elites as well as between the field of international criminal justice and the state. Because these relations can turn state nobility against its national origins, international criminal justice poses a potential challenge to the state’s social fabric which goes beyond legal and political controversies: International criminal justice is emblematic of a competition over the value of and control over capital which plays out at the borders between the national and the international. This contest underlines that the state does necessarily control power over state capital and that, when its elites no longer reproduce its meta-capital, the state loses the semblance of being a unified actor on the world stage. Whereas the intensity of this contest over capital might be particular to the field of international criminal justice, similar battles of control are likely to affect the relations between the state and other globalized fields of law, justice, and politics.

РЕЦЕНЗИЯ НА КНИГУ: СЕРКОВ П. П. ПРАВООТНОШЕНИЕ (ТЕОРИЯ И ПРАКТИКА СОВРЕМЕННОЙ ПРАВОВОЙ ПОЛИТИКИ): МОНОГРАФИЯ: В ДВУХ ЧАСТЯХ. М.: НОРМА, 2023. Ч. I – 872 С., Ч. II – 672 C.

The ideas of Professor P. P. Serkov on the problem of legal relations are considered through the prism of the theory and practice of today's legal policy. This issue was analyzed by him comprehensively, taking into account the information accumulated by representatives of various sciences. The book under review includes an interweaving of historical, psychological, sociological, anthropological, legal ideas, statistical data and attitudes to legal relations in the scientific literature, as well as an analysis of legislation. The author's approach to the study to the study of the mechanism of legal relations and political and legal processes in a broad context using the achievements of social and natural sciences is evaluated. Fundamental research can be the beginning of a new stage of reflection on legal policy, it can become an incentive for further research in the field of legal relations theory.

The Process of Legal Institutionalization: How Privacy Jurisprudence Turned towards the US Constitution and the American State

During the twentieth century, privacy evolved from an ambiguous legal idea into a defined state-centric right, while privacy claims against non-state entities became more marginalized. Whereas prior studies treat this as the direct outcome of cultural shifts or landmark interventions by legal elites, I document legal institutionalization as a three-stage process of domain formation and meaning making. Using a combination of citation network analysis and qualitative research, I show that the concept of privacy first entered the legal field when journalists raised concerns about the unauthorized use and commodification of personal data; that US jurisprudence produced two competing schools of legal thought as judges and legal scholars struggled to give substance to an abstract concept and structure to an evolving domain of judicial practice; and that privacy was consecrated as a constitutional right when state courts and the US Supreme Court selectively mobilized the language of privacy to confront the expanding reach of the American state. These findings demonstrate the processual nature of legal institutionalization, draw attention to intra-legal contestation and the implicit pluralism of American jurisprudence, and highlight an emerging distinction between the legal regimes governing bureaucratic rule and market exchanges in the early twentieth century.

The Philosophical and Legal Heritage of V.S. Nersesyants

This article analyzes the legal views of one of the most interesting and original philosophers of the law from the last quarter of the twentieth century to the beginning of the twenty-first century and Academician of the Russian Academy of Sciences, V.S. Nersesyants. His legal ideas are rooted in ancient philosophy and German idealistic philosophy. Therefore, comparing his legal views with those of the Hegelian philosophy of law, taking into account both Nersesyants' dissertations, is traditional for contemporary connoisseurs of the theory of law. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his ideas are also connected with other representatives of the German intellectual and philosophical culture of thinking about law. It is the understanding of the nature of the successive and new aspects in Nersesyants' system of legal views that can serve as the basis for the development of his legal views in modern topical and prospective studies. The scientific novelty of the conducted research of Nersesyants's philosophical and legal heritage consists of some significant clarifications of the nature of his ideas, clarifying their connection with the ideas of Hegelian philosophy and the teachings of I. Kant, I. Fichte, G. Mehmel, as well as the later ideas of the neo-Kantian lawyer R. Stammler. At the same time, comparing Nersesyants' legal views and the interpretation of the law in G. Mehmel's Pure Doctrine of Law allows us to present Nersesyants' theory of law as an original version of this doctrine. The article also points to the inexplicability of the concept of justice in Nersesyants' philosophy of law and promising studies of social theory as a prerequisite for the socio-practical doctrine of civilization.

A Tale of Many Battles: Arguing Legal Personhood for Animals in the United States and India

In this article, I focus on how the issue of considering animals as legal persons has been argued in court by the Nonhuman Rights Project led by Steven Wise in the United States and how this project was recently adopted and reinterpreted by an animal rights organisation in India in preparation for their own court battle. In turn, Indian cases raising the question of the legal personhood of animals and rivers have been used by Wise as examples to argue his case in court. The comparison will raise the question of how legal ideas and strategies regarding so-called ‘rights of nature’ travel around the world, giving rise to reciprocal appropriations and possible idealisations.

Reception as a constitutional and legal phenomenon

It is indicated that modern trends in the civilizational development of society are determined by a large number of factors: global processes of transformation of social reality, the necessary development and modification of universal legal and constitutional values, rationalization and optimization in the direction of achieving a balance of international (international) and domestic interests of a modern democratic state. In this process, a completely logical conclusion is the urgent need for a qualitative change in the understanding of constitutionalism, which is currently being formed in the conditions of the convergence of modern legal systems, transnational processes of the development of constitutional law and the implementation of thestrategy of the life of society in the face of global challenges of humanity.
 The article raises the question of understanding the concept of “reception” as one of the factors in the development of constitutional and legal thought. Various opinions of scientists about the understanding of the concept of “reception” and its influence on the formation of modern legal society were studied. In the course of researching the topic, the author considered the issue of the concept of reception, the components and signs of the researched process, the influence on the formation of the constitutional and legal idea and the consequences of its influence for Ukraine.
 Doctrinal interpretations of reception as a general legal and constitutional phenomenon are of a debatable nature, which makes it possible to talk about the polysemanticity and heterogeneity of the understanding of this legal category. That is why the study of the reception and determination of the doctrinal definition of this constitutional-legal phenomenon is an actual problem that has a range of both general theoretical and praxeological research.
 Summarizing the analyzed doctrinal interpretations of the term “reception”, the authors concluded that the understanding of the term is the borrowing of the standards of legal systems of other countries of the world for the implementation of new processes of society to regulate new processes of the development of democracy. The correct interpretation and understanding of the relevant forms and the path of development will help in the transformation of constitutional-right forms to more progressive ones and the introduction of new trends of ideas and social standards, which is the main way to prevent world conflicts, class inequality and regimes of totalitarianism or dictatorship.

V.S. Nersesyants as a philosopher of law: from Soviet to Post-Soviet

The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel’s Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the “Pure Doctrine of Law” of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.

Historical aspects of the formation of the Russian mentality

This paper examines the legal mentality as an element of the structure of legal consciousness, as well as its characteristic expressions. It also pays attention to the historical factors that influenced the formation of the Russian mentality, due to the adoption of Christianity in Russia. A comparative analysis of the impact of this concept in different periods of formation and development of the Russian state is conducted. Russian law has rather deep roots going back to the history of ancient Russian society. Since the content of law is reflected in legal ideas, in this regard, it is advisable to study Russian law from a deep and comprehensive study of the legal mentality of Russian society.

THE STATE-FORMING PROJECT OF J. VERESHYNSKY: HISTORICAL AND LEGAL ANALYSIS

The purpose of the article is to analyze the features of the state-building project of J. Vereshchynskyi, in particular the idea of creating the Transdnieper Principality, reflected in the relevant treatises, letters, works, etc. It is proved that Ukrainian political opinion and a national political and legal ideology were formed on Ukrainian territory in the sixteenth century, which was rich in active social and political events and was in difficult geopolitical conditions, in particular under the influence of the Renaissance and Reformation. Moreover, the author states that J. Vereshchynskyi who first presented the idea of the Cossack state, substantiated its autonomy with clearly defined territories and a system of socio-political values, which used to be the basis of the socio-political thinking of Ukrainians for a long time. The author discovered that J. Vereshchynsky proposed a project to reorganize the Zaporizhzhya Army on the basis of a mercenary territorial army, comparing Ukrainian Cossacks with European crusaders and calling them noble knights for the purpose of defending the southern borders of the Polish-Lithuanian Commonwealth from Tatars and Turks. The unifying factor was supposed to be the idea of Christian unity in order to stop the Turkish-Tatar invasion. It is emphasized that J. Vereshchynskyi tried to combine the interests of the Cossacks and the crown, offering to ensure the Cossacks an independent place in the social structure, that is, a kind of variant of the country's state development. The author highlights that the work of J. Vereshchynskyi as well as his ideas were dramatically different from the ideas of his contemporaries, they had a revolutionary character in the political realities of the time. It has been noted that there is no unanimity of opinion among researchers of J. Vereshchynskyi's work regarding the assessment of his state-building ideas. For instance, some authors consider him a supporter of Polish expansion, and his ideas utopian, some accuse him of insufficient direct connection with the national idea. The author justifies the need for further research into the historical prerequisites and peculiarities of the political and legal ideas of statehood during the period of the formation of the Cossack state, in particular the idea of the autonomy of the Cossack territory of S. Nalivayka, the political concept of S. Pekalid, the concept of statesmanship by M. Pashkovsky, as well as the identification of dynamics and features in these concepts of statesmanship in relation to nature of political and legal ideas of this period.

ТЕОРЕТИКО-ПРАВОВОЕ ОБОСНОВАНИЕ БИОЭТИКИ И БИОПРАВА В ИХ ВЗАИМОСВЯЗИ И ВЗАИМОДЕЙСТВИИ

Introduction: modern legal science pays increasing attention to the regulation of relations associated with the development of new technologies. Biotechnologies, and consequently bioethics and biolaw, are one of the areas related to the arrangement and protection of legal relations. Biolaw and biorights (so-matic human rights) is a relatively new but extremely progressively developing field of scientific know-ledge. There arise numerous unresolved regulatory issues in law enforcement and law implementation practice, which results, among other things, from theoretical problems related to defining the nature of the rules of morality and the rules of law, their belonging to a specific branch, the parties involved, their differentiation and mutual influence. The paper provides a theoretical and legal analysis of the above-mentioned field, the authors formulate their opinion on the most relevant, problematic, and ambiguous issues, including the differentiation and interaction between bioethics and jurisprudence, some individual issues of bioethics and biolaw. Purpose: to study the theoretical and legal provisions in the field of bio-ethics and biolaw in their interrelation and interaction; basing on these provisions, to develop the under-standing of biolaw, its theoretical and legal aspects, nature, somatic rights, to gain insight into biolaw as a legal formation and its principles. Methods: dialectical method of cognition, directly related to the principle of development, used as the methodological basis; general scientific methods and methods of cognition of individual sciences, including analysis, synthesis, abstraction, system-structural, and others; special methods of legal science: formal legal analysis in the context of various modifications of legal positivism; textual approach makes it possible to identify relevant legal ideas through hermeneutics, to formulate existing doctrinal, normative and law-realization problems; a comparative legal method. Re-sults: the theoretical and legal provisions in the field of bioethics and biolaw were researched in their in-terrelation and interaction, they were used as the basis for the development of the authors’ understand-ing of biolaw; categories such as bioethics, biolaw, somatic rights, medical law were investigated and described, the authors’ vision of these categories was proposed; the analysis of biolaw as a legal forma-tion was carried out, its interbranch nature is defined. Conclusions: bioethics and biolaw are in direct in-terrelationship and interaction. Modern science has not formulated a unified approach to the under-standing and content of bioethics and biolaw, which makes it necessary to perform qualitative analysis of these, including theoretical-and-legal analysis. Bioethics is the substantive basis of biolaw. Somatic rights, underlying biolaw, are currently at the stage of systemic formation, they require proper legal for-malization, security, and protection. Legal formalization should take place both at the level of interna-tional law and in the national legislation of individual states, including the Russian Federation; the key role in this process should be given to biolaw as an interbranch formation. It is currently premature to classify biolaw as a branch of law, including due to the absence of a single consolidated subject of legal regulation and method. One of the problems is the absence of a well-formed system of the biolaw prin-ciples which could become the proper fundamentals for legal regulation of this sphere. The paper pro-poses a vision of the corresponding system of principles and their characteristics.