Article | Law of Ukraine: Dualism and System |
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Authors | Maydanyk R. |
Name of magazine | Scientific journal «Private Law» |
Issue | 1 (українська мова) / 2013 |
Pages | 26 - 41 |
Annotation | We consider the trend towards priority development with private law as a condition for the approximation of Ukrainian legislation to the standards of the Western tradition of law which makes a defining impact on the formation of subjective rights and constitutes a basis for an active creative work of people, and their initiative. We analyze the nature of the division of the right to private public, which is the existence of rules that provide universally (public) interests and protect the interests of individuals. We study the formation tendency to understand the term «civil law» even broader than the concept of «private law» by broadening the scope of civil rights for certain public private rights directly related to civil rights. The criterion of distinction of private and public law was investigated by dividing an object in private law as its individual private ownership and its adaptation to sharing in public law. The doctrinal approaches to the three tier structure of law as constitutional law, basic and derived (complex) areas of law are covered. |
Keywords | duality law, the concept of dualism rights, rights of private duality, the structure of the legal system, private and public law, the right branch, branch of law, basic and comprehensive legal education. |
References | |
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