Article | To the Problem of Determining the Conditions for Ensuring the Operation of Law |
---|---|
Authors | Tepliuk M. |
Name of magazine | Legal journal «Law of Ukraine» (Russian version) |
Issue | 4 / 2013 |
Pages | 234 - 242 |
Annotation | Problem of Determining the Conditions for ensuring the effective operation of the law are considered in the article. The author indicates that nature of stated above conditions depends on the one hand under which circumstances the operation of law is provided for and at which conditions are insufficient for its validity; and on the other hand for which of the three forms of the law operation – informative, regulatory or technical – conditions shall be determined and, thirdly, what is the legislator guided by when determining the specified conditions. The author draws a conclusion that eliminating the confusion of such notions like «the entry of law into force» and «introduction of law in action» evidenced by a comparative analysis of the constitutions of different countries, will explain the above mentioned variety of constitutional practice by peculiarities of the management process, in which the law is introduced in the legal system of a particular state. These peculiarities are predetermined by a number of factors, namely, historical, cultural, legal traditions, etc. |
Keywords | operation of law, validity of law, entry of law into force, official publication. |
References | |
Electronic version | Download |