The Source of Law: Theoretical-Legal Analysis

  • M. Husiak

    Postgraduate Student of the Department of Theory of State and Law of the National Academy of Internal Affairs, Kyiv, Ukraine

Keywords: source law, statute, rulemaking, the document, the Charter community, a model statute

Abstract

The source of law is one of the major categories of rights in general, both in applied and theoretical and informative regarding the definition and understanding of legal sources of law, and therefore the system they are in close Depending on the legal schools and developing concepts for a long time. In the modern scientific environment developing and specifying the integrative approach to content and the concept of the term «source of law» is an attempt to fill it even more diverse semantic content of value, seeing as sources of law the material, social and other conditions of society, that objectively determine the necessity of making changes or additions to those or other normative legal acts. The Charter is a document that has a special excellent socio-legal nature. This document is the normative and procedural nature, which reflects the characteristics of relationships inside the territorial community. Through the prism of this definition is already becoming apparent «dualism» of the content of the concept of the Statute: on the one hand as a document that belongs to the sphere of legal relations, and on the other as population socio-political and economic-commercial relations between subjects of the local community. Unfortunately, today we cannot clearly articulate its definition and main substantive signs despite properties. With regard to sectoral characteristics, the presence of charters in the private law and public law, national law and international law, the difference between the statutes in the legal systems of the Romano-Germanic legal and anglo-saks families, etc., it is important continue thorough their research, finding out the place and role of charters in the system of sources of law, their specificity, the theoretical and practical value.

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Author Biography

M. Husiak

Postgraduate Student of the Department of Theory of State and Law of the National Academy of Internal Affairs, Kyiv, Ukraine


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How to Cite
[1]
Husiak, M. 1. The Source of Law: Theoretical-Legal Analysis. Scientific Herald of the National Academy of Internal Affairs. 109, 4 (1), 192-202.
Section
Theoretical and practical aspects of legal science