Legal Science Research Articles

Legal Anomie in the Legal Life of Modern Society

Introduction. The article analyzes the problems associated with such a modern challenge as legal anomie. And although anomie is studied very actively in philosophy and sociology, this cannot be said about legal science. The authors advocate the creation of a theory of legal anomie, in which they propose to explore its essence, content and structure, and give it a general characteristic. In this regard, the article examines the concept and signs of legal anomie, shows its place and role not only in the legal system, but also in the legal life of society. Materials and methods. The methodological basis of the research is based on the following general scientific and special methods of cognition of the manifestation of legal anomie in the legal life of modern society: materialistic dialectics, complex and systematic approaches, sociological and statistical, comparative legal and formal legal methods. The results of the study. Anomalous processes are investigated both in relation to the legal system and in relation to a broader category — the legal life of society. Cognition in this way allowed us to "enter" the shadow component of legal life, which is reinforced by abnormal manifestations. As a result of the analysis, it was revealed that legal anomie can be associated with the refusal to comply not only with established legal, but also with other social norms (political, moral, etc.), which sometimes allows it to transform into a special form — dysnomy. Based on the results of the analysis based on statistical and sociological data, it was revealed that the legal anomie that existed in Russia in the 90s has mostly been overcome, in Western countries (primarily in the USA) it is only "gaining momentum", acting as a significant threat to their development.Discussion and conclusion. It is proved that legal anomie has a very significant impact on the legal life of society through its legal system. Abnormal processes, being a destabilizing factor for the latter, thereby chaoticize any vital activity, including legal ones. Such a circumstance is one of the signs of legal anomie, because thereby, in terms of content, a number of legal consequences dangerous to society are created: violations of human and civil rights and freedoms, legality and law and order, harmful effects on the consciousness of the individual, etc.

ON THE POSSIBILITY OF INTERDISCIPLINARY ANALYSIS OF CRIMINAL PROCEEDINGS THROUGH THE IDEAS AND PRINCIPLES OF ECONOMIC SCIENCE

Criminal procedural law and criminal proceedings are quite often studied in modern legal science in the context of the development of illegal practices of an economic nature. However, at present, the patterns of transformation of economic activity determine not only the specificity of objects and the objective side of illegal acts, but also allow, through economic analysis of law, to expand scientific approaches to the substantive characteristics of the criminal process and legal proceedings. Such an interdisciplinary approach is extremely rarely used in modern scientific research, which determines the relevance of the analysis undertaken. The purpose of the presented research is to identify the peculiarities of the influence of the economy on criminal procedural law and criminal proceedings. The author comes to the conclusion that economic relations currently serve as the basis not only for the functioning of the state, but also the activities of individuals and legal entities are quite often focused on certain patterns of this area. It is noted that modern man is largely reoriented to the principles of economic interaction, and therefore other processes can be perceived through the prism of economic approaches. In this context, the possibility of considering criminal proceedings at the intersection of economics and law is substantiated. Attention is focused on modern views regarding the economic model of the criminal process and legal proceedings, corresponding to modern criminal practice and the perception of the corresponding illegal functioning on the part of the individual, society and the state.

COMMENT ON THE PARADOXES OF SCIENTIFIC, PRACTICAL AND OFFICIAL INTERPRETATIONS AND DEFINITIONS OF LEGAL NORMS USING THE EXAMPLE OF THE CRIMINAL CODE OF THE AZERBAIJAN REPUBLIC

This article is devoted to one of the most important issues of legal science - the interpretation of legal norms. Based on the study of doctrinal and official interpretation materials, problematic issues of a theoretical and practical nature are revealed, which negatively affect the quality of the results of the considering scientific and practical activity. According to the authors of this article, the main reasons for the pressing problems of interpretation of legal norms lie in the destructive nature of the modern methodology of legal science, which we inherited as the “legacy” of the Soviet legal school. As a result of the research, reasoned proposals were formulated to enrich and deepen the fundamental foundations of the methodology of legal science.

Человеческий эмбрион как потенциальный субъект права

Nowadays, the search for the place of the human embryo in the dyad “subject and object” of law seems to be an urgent challenge for legal science due to the rapid development of medical technologies that make it possible to question the only previously known purpose of the human embryo – to be born as a child. By examining the understanding of legal subjects as developed in various legal paradigms, the author of this study seeks to delineate the place of the human embryo within the subject-object duality of law, justifying the legal status of the human embryo as a potential subject of law from the perspective of a communicative conception of law shared by him. The study employs formal-legal methods, as well as analytical, synthesis, comparative, and thought experiment methods, along with elements of an interdisciplinary approach (utilizing findings from medical research on the human embryo to support legal conclusions, thereby contributing to the scientific novelty of the study). In conclusion, the recognition of the human embryo as a potential subject of law necessitates a nuanced understanding of legal subjectivity and the evolving nature of human development. By engaging with interdisciplinary perspectives and communicative theories of law, we can pave the way for a more inclusive and ethically informed approach to legal discourse surrounding embryonic rights and protections.

Понятие и содержание судебной практики в уголовном процессе (постановка проблемы)

In recent years, significant attention has been paid to issues of judicial practice in domestic legal science and law enforcement. And, despite the increasing attention, there is still no unified approach to defining the concept of judicial practice, its legal essence, content and role in legal regulation, which determines the relevance and timeliness of scientific research in this area. In the presented scientific article, the author examines various approaches to understanding judicial practice, analyzes the points of view existing in scientific doctrine related to the procedural nature and content of judicial practice. As a result of the conducted scientific research, the author has identified numerous and significant contradictions in the signs that are proposed to determine judicial practice, in its characteristics, properties, and significance for law enforcement activities. In the author's opinion, the inconsistency of the available scientific judgments excludes the possibility of developing a uniform scientific approach to the development of a single concept of judicial practice. Conclusion dwells upon the fact that in light of the foregoing, it becomes apparent that a paradigm shift is imperative in the trajectory of scientific inquiry into the essential attributes of judicial practice. Such a recalibration of research priorities is indispensable for engineering substantive advancement and yielding constructive outcomes. Consequently, the proposition is advanced for concerted efforts towards interdisciplinary scientific inquiry into the intricacies of judicial practice, thereby fostering enhanced clarity, coherence, and efficacy in both academic discourse and practical jurisprudence.

The Moral Principles Guiding the Judge’s Activities (Illustrated by the Life Journey of A. F. Koni)

The year 2024 commemorates the 180th anniversary of the birth of Anatoly Fedorovich Koni (1844–1927), a prominent lawyer, prosecutor, statesman, and public figure in post-reform Russia during the latter half of the 19th century. In this context, it appears fitting to reconsider the legacy of this iconic individual, whose life journey serves as a compelling testament to the challenging process of shaping and advancing the principles upon which the trial currently rests. The aim of this study is to uncover the attributes of the present-day incorporation of A. F. Koni’s moral and ethical principles within the domestic legal framework. Research methods. This study was based on general scientific methods (analysis and synthesis, etc.) and methods of legal science (historical-legal, formal-legal). The study is based on the theoretical works of domestic specialists who have studied the A. F. Koni’s legacy. Study results. The moral concepts of A. F. Koni were formulated in the Constitution of the Russian Federation, wherein the fundamental tenets of administration of justice are enumerated: independence, irremovability, inviolability of judges, and openness of court proceedings. Moreover, the judge’s moral and ethical requirements coined by A. F. Koni were mirrored in the Law of the Russian Federation No. 3132-1 on the Status of Judges in the Russian Federation dated 26 June 1992. The Code of Judicial Ethics adopted in 2012 gains particular importance in the context of the analysis of A. F. Koni’s legacy. This document consistently and comprehensively outlines the principles of professional conduct for judges, as well as their involvement in activities pertaining to the advancement of law and legislation, implementation of legal practice, etc. It appears imperative to conduct further examination of A. F. Koni’s moral and ethical concepts to enhance the existing legislative instruments regulating judicial activities.

INNOVATIVE TRANSFORMATIONS OF THE NATIONAL LEGAL SYSTEM OF UKRAINE AS A CONDITION FOR PARTICIPATION IN EUROPEAN POLICIES

Introduction. The article highlights the essence of the main innovative transformations taking place in the legal system of Ukraine in the context of intensification of the European integration processes from the standpoint of general theoretical analysis. The author focuses on the interrelation between changes in the national legal system of Ukraine and the State's involvement in European policies. Summary of the main results of the study. It is found that deepening of Ukraine's participation in European policies depends on several basic organizational and legal factors: formation of a unique regulatory framework for the implementation of EU legal standards into the system of national legislation of Ukraine, institutional reforms in the system of public authorities, improvement of the contractual framework for the development and deepening of political relations between Ukraine and the united Europe. The author reveals the main clusters of EU law provisions which are currently most implemented in the legal system of Ukraine (customs, food security, veterinary and phytosanitary policy, consumer protection and healthcare, statistics, foreign relations, transport policy, freedom of entrepreneurship and provision of services, financial services, freedom of movement of goods). It is proved that formal and legal support for the "transfer" of many areas of public administration and life in Ukraine to EU standards contributes to the formation of new social practices of their implementation similar to the European ones (functioning of public services, law enforcement and public safety, education and science, health care, etc.) Conclusion. The author substantiates the conclusion that innovative changes in the national legal system of Ukraine determine the degree and depth of our country's participation in European policies. The gradual deepening of involvement of employees of the system of public authorities and local self-government, as well as citizens involved in other spheres of society in the main areas of the EU's functioning, creates a real basis for accelerating Ukraine's accession to the EU. Accordingly, a promising task of legal science is to substantiate the most effective ways of further implementation of legal standards for the regulation of public relations, which are recognised as model ones at the EU level.

Building a Theoretical Framework from Weber’s Theory for Legal Scientific Research

Scientific work in the field of legal science in Indonesia often differs from the criteria for empirical scientific research at the level of modern science. The results of thesis and dissertation-level scientific research at law faculties have so far emphasized technical-juridical analysis for the needs of legal practice rather than academic research that criticizes and creates new scientific theories in the field of law. Dogmatic legal analysis, it seems, takes precedence over academic legal analysis that allows researchers to fulfill the critical scientific need for the renewal of legal dogmatics by the development of Society. The framework section is usually narrated without construction in the form of a 'theoretical framework' or 'analytical model' which often shows confusion in legal research. Legal dogmatic research focuses on evaluating the structure (language) of law and legal practice, i.e. how far the elements of the article as evaluation indicators are used with the resolution of the particular legal event being studied. Scholarly legal research often uses theory in presenting the framework for its theses and dissertations, and more than one theory is even related to the various narratives and descriptions of the proposed research. In addition, legal researchers present major frameworks in 'grand theory', 'middle-range theory', and applied theory' for research typically conducted in the field of pure science (pure social and human sciences).

The Narrators Who Were Described as Strange According to Al-Dhahabi and Ibn Hajar in the Books Al-Kashif and Al-Taqreeb - A Comparative Study

The science of jarh and ta’dil is one of the most important legal sciences through which the state of the narrator is revealed in terms of acceptance and rejection. The scholars of jarh and ta’dil have words that they apply to the narrator, and these words differ in their meanings from one imam to another imam, and they may describe the narrator with words whose meaning and intent are not clear except after studying them. And comparing it with the rest of the critics’ sayings to clarify what is meant and intended. In this research, I have dealt with the narrators who were described as strange according to Al-Dhahabi and Ibn Hajar in my book Al-Kashif and Al-Taqreeb, a comparative study, and because the science of jarh and modification is one of the branches of the hadith sciences, which this nation has been honored with, it is one of the most accurate. The sciences of the Sunnah and its term are given a certain amount, because through them it is accepted or rejected, and the chain of transmission is mainly composed of men, who narrate the text narrated on the authority of the Messenger of God, may God bless him and grant him peace. This acceptance or response was not without controls and rules. Rather, the masters of this art set conditions, rules, and controls. They followed the conditions and histories of the men. They traveled and endured trouble and hardship in order to preserve the Sunnah of the Prophet, from illusion, error, distortion, and falsification. They knew the news of the men accurately in terms of justice. And control, so they used words appropriate to their situation.

Юридическая логика: генезис, значение и место в современной теории государства и права

This paper examines the theoretical and historical issues of the emergence, formation and development of special legal logic, and predicts possible trends in the further development of legal logic as a special theory of state and law. The question of the relationship between special legal logic and general formal logic is considered. The author's view on the periodization of the formation and historical development of legal logic as a scientific discipline about the laws of legal thinking is given. Within the framework of this work, the question of the relationship and role of metaphysical and dialectical methods in legal research, which is important for the methodology of legal science, is examined, the historical relationship of these methods is considered, an attempt is made on the basis of scientific sources on which the authors relied when preparing this study, as well as with taking into account the author’s own position developed when working on this research, forecast trends in the further development of legal logic and identify emerging trends in the development of legal methodological research. For the purpose of studying the problems of interaction between logical and legal sciences, determining the subject of legal logic by considering historical examples of attempts to “logize” state legal phenomena using universal logical constructions, the result of which, contrary to the expectations of the researchers carrying them out, was the reverse process of “legalization” of the applied universal logical constructions, their enrichment with the specifics of state-legal phenomena and institutions, justifying the independence of the subject area of legal logic, special attention in this work is paid to the study of the process of transformation of the metaphysical theory of G.V.F. Hegel into his political dialectics. For the purpose of identifying trends in the development of the methodological foundation of legal logic, this work examines the problems of the relationship between rationalistic and empirical approaches in legal research. At the conclusion of this study, the authors consider the question of the possibility of forming special theories of state and law, which was previously raised by Professor A.B. Vengerov, outlines the author's approach to this issue, and proposes an approach to the question of the place of legal logic in the system of scientific knowledge as a special theory of state and law.

Образ ученого-юриста в истории отечественной юриспруденции: к вопросу о факторах формирования гражданского общества в России

The article creates a generalized image of a law scientist within the framework of history of the national legal science, singles out the main professional and personality traits, shows the link to the process of the establishment of the civil society in Russia and the development of the scientific community as part of the civil society.

Право, государство и гражданское общество в контексте объекта и предмета юридической науки

The study of civil society and the state, as well as legal phenomena, and the choice of methodological means for its implementation are largely determined by the characteristics of these objects. Without addressing the essential aspects, the most profound patterns of their existence, research may turn out to be not just superficial, but lead the scientist into the world of phantoms, simulacra and even oxymorons, which will live their own lives, form their own reality, weakly affecting the empirical reality. Civil society, state and law from the standpoint of post-non-classical methodology appear not only and not so much as empirical objects, but as certain mental constructs. In this regard, the object and subject of legal and other humanities in a sense overlap: the model for describing society, state and law, outlining the subject of research as problematic issues of their functioning and development, simultaneously acts as an independent phenomenon that can be included in the object of research.

Теоретико-методологический анализ правовой природы публичного контроля

Introduction. In modern legal science, there is no universal and uniform approach to defining the concept of “public control”, which predetermines and actualizes the need for a detailed study of the legal nature of this phenomenon, its content and the functions that it performs in the state and society. Theoretical analysis. The analysis of doctrinal approaches to disclosing the content of public control, formed in the system of legal science, allows us to draw a conclusion about a differentiated definition of this phenomenon. On the one hand, public control is considered as a combination of state and municipal types of control, which corresponds to the constitutional and legislative approaches to understanding public power. Another point of view complements the previous perspective with another type of control – public control, which involves the participation of civil society institutions in the implementation of this function of public authority. Empirical analysis. It has been revealed that the concept of “public control” is practically not used in the Russian legislation. At the same time, in judicial practice this category is often used in the texts of decisions of higher courts, but its interpretation, like that in the legal doctrine, is also very heterogeneous. Results. The assessment of the theory and practice of using the concept of “public control” allowed us to come to the following conclusions. The category of “public control”, in contrast to the term of “public power”, does not have a legal meaning, that is, it is not enshrined in the Russian legislation, which leads to the need to identify its theoretical significance only through the analysis of doctrinal approaches established in legal science. Based on the analysis of theoretical approaches to the meaning of public control, as well as materials from judicial practice, it is possible to conclude that this concept is used in a diametrically opposite semantic context. Applying the concept of public power as a combination of state, municipal and public ones, it is proposed to consider public control in a similar context, as a combination of state, municipal and public types of control.

Роль пропаганды в популяризации и сохранении общероссийской культурной идентичности соотечественников за рубежом

Introduction. As a result of the constitutional reform carried out in 2020, the basic law of the country was supplemented with new norms. They include the provisions of Part 3 of Article 69 of the Constitution of the Russian Federation, which enshrine guarantees of support for compatriots living abroad. This norm introduces a new category into constitutional legal circulation – “all-Russian cultural identity”, and its preservation is fixed as one of the areas of state activity. Propaganda is interpreted as one of the elements of the mechanism for preserving this identity. The study of all-Russian cultural identity, as well as propaganda in the context of its preservation, is the goal of this work. Theoretical analysis. The term “identity” has been steadily entrenched in domestic legislation and legal science. Its content varies depending on the characteristics of the identity bearer. It has been revealed that the functions of propaganda used to preserve his / her identity depend on the characteristics of the basis for recognizing a person as a compatriot. Еmpirical analysis. The article revealed that neither ethnicity nor citizenship relations are the basis of the nationwide cultural identity of compatriots abroad. The concept under study is based on the cultural (civilizational) code of Russia as a country with a centuries-old statehood, rich history and a multinational people. Propaganda is one of the ways to spread the Russian value and worldview model. Results. The role of propaganda is to form a positive image of the future among compatriots regarding Russia. The upward constitutionalization of relations to support compatriots is due to several factors: the priority of this direction of the Russian national policy; recognition of the identity under study as a legal fact; justification of the new category as confirmation of the civilizational essence of Russia at the constitutional level.

Dualism of Labor Law: Private Law and Public Law Aspects

The relevance of the topic of this article is due to the fact that the structure of labor law as a regulator of public relations contains the principles of both power and subordination, and equality of the parties. Despite the prevalence of the concept of dualism in labor law, there is no consensus in legal science regarding its content.The purpose of this article is to develop scientific provisions reflecting the features of dualism in labor law. Proceeding from the designated goal, the author set tasks: to determine the private and public legal aspects in the dual nature of labor law. In the process of studying national interests, the dialectical method of cognition was used as a philosophical basis, as well as general scientific research methods: ascent from the abstract to the concrete, the system-structural method. private scientific methods: formal legal, as wellas logical means of cognition — analysis, synthesis, deduction, induction.As a result of the analysis of scientific and regulatory sources, the following conclusions were formulated: 1) The state performs several functions in achieving a balance of private and public legal interests in the field of labor regulation: legislative, control, social, intermediary. 2) By promoting a balance between the interests of workers and the State, civil society contributes to ensuring fairer and more stable working conditions for all.

KONSISTENSI PEMBENTUKAN PERATURAN DAERAH BERDASARKAN HIERARKI PERUNDANG-UNDANGAN DALAM PERSPEKTIF HUKUM KEPEGAWAIAN

Governmental authority is more or less left to regional governments as is the case with laws and regulations through the establishment of regional regulations (Perda) which must also meet conditions such as consistency in the formulation of standard structure and language, and the existence of a harmonized relationship between various laws and regulations. The purpose of this scientific work is to find out the process of forming regional regulations from the perspective of personnel law and to find out the consistency of the formation of regional regulations based on the hierarchy of legislation from the perspective of personnel law. The writing of this paper uses the normative legal research method using library research by inventorying and quoting legal science literature books, statutory provisions as well as scientific essays and lecture notes that are related to writing this scientific work. The conclusions from writing this scientific paper include (1) the process of forming regional regulations (Perda) from the perspective of personnel law consists of three stages, namely (a) the process of preparing the draft Perda which is the process of drafting and designing within the DPRD or within the Regional Government, consisting of preparation of academic texts and draft regional regulations; (b) the process of obtaining approval, which is discussed in the DPRD; (c) the process of approval by the Regent and promulgation by the Regional Secretary; (2) the consistency of the formation of regional regulations (Perda) based on the hierarchy of legislation in the perspective of personnel law with legal commitments that must be enforced so that the Regional Regulations (Perda) made do not violate the hierarchy and violate the constitution and for Civil Servants who do not comply with the provisions can be subject to prosecution Discipline Punishment according to Government Regulation Number 94 of 2021 concerning Employee Discipline.

Protection and Enforcement of Law Against Insider Trading Crimes in The Indonesian Capital Market

Criminal practices in the capital market are commonly known by the terminology insider trading, a long-standing crime that is not well-known to the public. Insider trading constitutes a legal violation as well as an ethical breach that can pose serious risks to market integrity and harm investors who do not have specific information access. This journal will explore the legal protection and enforcement framework that explains the Indonesian legal framework governing transactions in the capital market in an effort to protect the public from insider trading. Legal protection includes the enforcement of provisions found in laws, regulations, and supervisory mechanisms applied by financial authorities, which is essential to create a fair and efficient market. Therefore, understanding the effectiveness of existing laws and enforcement of rules is crucial to protecting the public from insider trading crimes. This journal is expected to provide knowledge to enhance and develop legal science, particularly related to the analysis of insider trading law enforcement in the capital market in Indonesia. This journal is hoped to provide input and recommendations for authorities and stakeholders involved in providing legal protection to the public for the enforcement of laws in accordance with the provisions of the Indonesian Capital Market Law.

The relationship of legal science, education, and practice: finding a balance between fundamental legal education and practical skills

The article examines the concept of legal science, education and practice in the context of their interaction. It is noted that the main task of the domestic system of higher legal education is to find a balance between fundamental theoretical training and practical skills. Some types of legal practice require thorough knowledge in the field of both national and international law. Many universities focus on studying the legislation of other countries and foreign languages. In addition, modern political processes require revision of work programs of disciplines, for example, related to the activities of international organizations. For the future professional, we consider it important not only to consolidate theoretical knowledge and mechanical skills, but also to form legal thinking (develop analysis, argumentation, decision-making, responsibility). It is emphasized that the changes in the field of legal education are enshrined in the Report of the European Commission on Ukraine’s progress towards joining the EU, which was published in November 2023. Among other things, there are requirements: to clearly distinguish between legal education and personnel training for law enforcement agencies; strengthen law school admission requirements and law school licensing requirements; introduce a transparent distribution of state orders; review educational programs with an emphasis on ethics, practical training, EU law and international exchanges; implement EDKI. When modernizing legal education, it is also important to pay attention to the learning process, in particular, it is necessary to diversify the activities of students. In addition to traditional lectures, seminars and the previously mentioned practices, the experience of writing coursework and final qualification papers, participation in model processes is important for future lawyers, as this allows for the formation of a general and legal culture of writing and speech, a legal position in a case and the skills of conducting a discussion. It is concluded that new legal mechanisms are being formed in modern Ukraine, which is manifested, in particular, in active law-making, qualitative changes are taking place in legal awareness, including professional awareness. Under such conditions, professional legal education, which involves the formation of students’ practical skills, becomes invaluable. While preserving the training of professionals for a narrow field of legal activity, university education on the basis of domestic and European legal science should be developed at the same time. A university student will be able to become a good specialist only if he studies legal concepts, categories, constructions and ways of their expression in various legal realities. Such knowledge will not become obsolete in a few years, even if the current legislation changes.

Legal security of the protection of judicial constitutional control: general guidelines for understanding

This article is devoted to the study of the new courts, which found a common European language of constitutionalism, which they not only learned to pronounce, but also could express new ideas in this language. At the same time, obtaining international standards is much more than adaptation, it was a mutual process. The real exchange of ideas was supported by the unique publicity that the international political situation offered to the new courts. Although only the Constitutional Court of South Africa is bound by the Constitution to consider foreign constitutional cases, constitutional courts today usually operate on a comparative law basis. On the other hand, László Szółom recalled a new mechanism of international cooperation: the Conference of European Constitutional Courts and the Commission for Democracy through Law (the «Venice Commission»). The integrative influence of the Venice Commission is indeed important and serves the globalization of constitutional justice. In addition, speaking about the specifics of constitutional control in Ukraine, it should be noted that as of 2019 it is a full-fledged special court, not a political body. This direction follows both from its functions and scope of jurisdiction, and from the analysis of constitutional guarantees for it as a collegial body and judges. In this context, the position regarding the understanding of constitutional control as an important component (one of the mechanisms) of legal protection of the constitution is valuable. Research in this direction is a productive direction of the development of legal science. The established courts have already found a common European language of constitutionalism, which they not only learned to pronounce, but also could express new ideas in this language. At the same time, obtaining international standards is much more than adaptation, it was a mutual process. The real exchange of ideas was supported by the unique publicity that the international political situation offered to the new courts. Although only the Constitutional Court of South Africa is bound by the Constitution to consider foreign constitutional cases, constitutional courts today generally operate on a comparative law basis. On the other hand, László Szółom recalled a new mechanism of international cooperation: the Conference of European Constitutional Courts and the Commission for Democracy through Law («Venice Commission»). The integrative influence of the Venice Commission is indeed important and serves the globalization of constitutional justice.In addition, speaking about the specifics of constitutional control in Ukraine, it should be noted that as of 2019, it is a full-fledged special court, and not a political body. This conclusion follows both from its functions and scope of jurisdiction, and from the analysis of constitutional guarantees for it as a collegial body and judges. In this context, the position regarding the understanding of constitutional control as an important component (one of the mechanisms) of legal protection of the constitution is valuable. Research in this direction is a productive direction of the development of legal science. The updated judicial system has already found a common European language of constitutionalism, which they not only learned to pronounce, but also could express new ideas in this language. At the same time, obtaining international standards is much more than adaptation, it was a mutual process. The real exchange of ideas was supported by the unique publicity that the international political situation offered to the new courts. Although only the Constitutional Court of South Africa is bound by the Constitution to consider foreign constitutional cases, constitutional courts today generally operate on a comparative law basis. On the other hand, László Szółom recalled a new mechanism of international cooperation: the Conference of European Constitutional Courts and the Commission for Democracy through Law («Venice Commission»). The integrative influence of the Venice Commission is indeed important and serves the globalization of constitutional justice. In addition, speaking about the specifics of constitutional control in Ukraine, it should be noted that as of 2019, it is a full-fledged special court, and not a political body. This conclusion follows both from its functions and scope of jurisdiction, and from the analysis of constitutional guarantees for it as a collegial body and judges. In this context, the position regarding the understanding of constitutional control as an important component (one of the mechanisms) of legal protection of the constitution is valuable. Research in this direction is a productive direction of the development of legal science.

Problems of correspondence between contractual and tort liability in the Civil law of Ukraine

The article explores the regulation of civil legal relations between parties arising from the breach of contract terms and the infliction of harm in Ukraine, specifically analyzing the correspondence between the grounds for the emergence of such legal relations. Although the topic of the relationship between contractual and tort liability has been addressed by scholars repeatedly, there is still no consensus on resolving this issue in Ukrainian legal doctrine. The doctrine contains many contradictions and gaps, negatively impacting the level of legal science, which is reflected in the quality of national civil legislation. The research analyzes the theoretical foundations of the legal phenomenon of legal liability in the context of defining the legal nature of contractual and tort liability. It examines scientific approaches and general principles underlying Ukrainian civil legislation, focusing on the correspondence between types of liability and the grounds for applying corresponding liability measures. The analysis also delves into Ukrainian legal doctrine regarding contractual and tort liability, highlighting the problems and contradictions that have led to legal uncertainty on the research topic. The current state of Ukrainian legislation indicates the absence of a systematic approach to defining and regulating contractual or tort liability. The Civil Code of Ukraine does not contain such definitions or use such concepts in its provisions. While these concepts are common in legal theory, the array of different, often conflicting, scholarly positions prevents the formation of a unified conclusion. Due to the legal uncertainty arising from theoretical approaches in relating contractual and tort liability, there is still a need for further research on this matter. As a result of this article, an analysis of the imperfections of Ukrainian legal doctrine is conducted, and ways to address legal uncertainty are proposed.