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Article Principles of Law: Doctrinal Issues
Authors
Pohrebniak S.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 9 / 2013
Pages 217 - 228
Annotation The following features of the principles of law are analyzed in the article: orientation on strengthening, ensuring and protection of social values which allows to take them into account in the course of law making and effect; the most general, abstract nature; ability to determine the content of the legal system and its structural elements, as well as the directions for their further development; the priority over the legal rules; the increased stability. The attention is paid to the specific character of formation, emergence and recognition of the principles of law, as well as to the features of application of the principles in the case of a conflict between them. In addition, a research on the issues of fixing the principles in the sources of law has been made: namely, it was clarified that the general principles of law are considered not only as the content of the law, but also as its source.
Keywords principle of law, features of the principles of law, social values, spirit of law, legal rule, source of law.
References
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