The article presents and analyzes the key theoretical and methodological problems and prospects for the harmonization of national legislation to international legal standards. Four stages of harmonization processes are distinguished: the stage of formation of the national legal mechanism (program) of harmonization of Ukrainian legislation with international legal standards.
The article defines the impact of value orientations of law on the formation of human behavior through the prism of the main concepts of legal understanding. It has been found that the nature of legal values occurs in several alternative axiological approaches, of which the most well-founded are the objectivist and subjectivist concepts. Thus, the first determines that values exist objectively, that is, regardless of the subject's consciousness, and he only correctly or incorrectly evaluates them and applies them in everyday life.
The issue of the relationship between the constructivist paradigm and the constructive interpretation of legal norms is revealed. It has been clarified what is meant by a constructive way of interpreting legal norms. In a general sense, constructivism is characterized by the artificial construction (construction) of certain ideal-spiritual or material-object realities or the interpretation of such realities as artificially constructed.
The article presents and analyzes the key theoretical and methodological problems and prospects for the harmonization of national legislation to international legal standards. Four stages of harmonization processes are distinguished: the stage of formation of the national legal mechanism (program) of harmonization of Ukrainian legislation with international legal standards.
The article investigates the Constitution of Ukraine in the system of sources of administrative law. It is proposed to combine all constitutional provisions into four blocks, in which all norms of administrative law are objectified. The features of application of the Constitution during solving of cases by courts are considered.
The article investigates the main approaches to the definition of the “source of administrative law”. General theoretical approaches and views of known researches of administrative law are analyzed. A proper understanding of the concept of the “source of administrative law” is provided. It aims to bring it into line with modern system of sources of administrative law.
In the article investigate the content and procedural mechanism to ensure public legal protection in the context of criminal and administrative tort proceedings. A category of “publicly-legal protection of human rights” consider within the separation of criminal law and administrative tort. Separately, analyzes measures and means of public-legal protection of human rights, as components of the mechanism of protection of social relations.
The sense of justice acts as a mechanism of social adaptation of the person. Creates the
idea of reforming the legal life of society.