Article title Forms and methods of contemporary legal systems interaction
Authors
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 1-2/2013
Сторінки [201-214]
Annotation Proposed lecture discusses the main challenges reflecting the essence of the methods and forms of interaction between the legal systems of today. Considered the basic infrastructure element of unifying processes – legal integration. This social phenomenon is seen through the lens of "functionalism", "federalism" and "transnationalism" theoretical positions. The essence of legal integration accordingly to these theories is defined. The legal reception is defined as a conscious activity of special subjects of the use of certain elements of foreign legal systems in the national legal environment. Rules of law borrowing are formulated. The author discusses the doctrinal and normative components of the mechanism of legal borrowing. Three phases of passing an object of legal borrowing to the introduction into a foreign legal environment are identified. Procedural means of legal borrowing in modern conditions are defined.
Keywords legal integration, legal reception, mechanism of legal borrowing, the legal system.
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