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- Dryshliuk, Andrii I., et al.
(författare)
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APPLICATION OF LAW IN JUDICIAL AND NOTARIAL PRACTICE : METHODOLOGY, THEORY, PRACTICE
- 2022
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Ingår i: Astra Salvensis - Review of History and Culture. - : Transilvanian Association for the Literarure and Culture of Romanian People (ASTRA). - 2393-4727 .- 2344-1887. ; :1, s. 347-365
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Tidskriftsartikel (refereegranskat)abstract
- The purpose of this study was to cover application of law as a process alternative to the process of excessive rule-making, in particular, to study the grounds and limits of applying legal analogy in the activities of a notary as a subject of application of law. The study involved systematic and historical methods of scientific cognition, which allowed perceiving law as a dynamic system formation of social order. The interpretive method made it possible to base the research on the assumption of the existence of the content and meaning (semantics) of a legal norm. The axiomatics of the modelling method and borrowing of individual ideas and provisions of the topology allowed perceiving a legal norm as a model of the situation, which should be in mutual and unambiguous accordance with the particular situation to which this provision is applied. As a result of the study, the authors justified the perception of application of law as an alternative to continuous improvement/change of legislation and a fuse for the process of excessive rule-making. Using specific examples of notarial and judicial practice, application of law is presented as a process wherein it is possible to perform actions that are not explicitly defined in the legislation as permitted, but also are not prohibited, in order to prevent possible violations of the rights and interests of legal entities. It was concluded on the necessity of establishing the existence of discretionary powers in the subject of application of law in connection with the implementation of such a subject’s interpretative choice in the process of application of law. A proposal was made to compensate for the imperfection of legislation and the a priori inability to govern all possible relations for all cases by law by improving the effectiveness of application of law activities. To avoid cases of abuse of the right to appeal against the actions of a notary as a subject of application of law, on the formal basis of the notary’s lack of the right to use the analogy of statute and the inference from general principles of law, a legislative consolidation of the provision was proposed, which makes provision for the possibility of using the analogy of statute and the inference from general principles of law by a notary.
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| 2. |
- Orzikh, Yurii, 1985-, et al.
(författare)
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Глава 85. Спадкування за заповітом : Chapter 85. Testate succession
- 2023
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Ingår i: Цивільний кодекс України. Науково-практичний коментар. - Ukraine : Norma Prava. - 9786177850600 ; , s. 1322-1335
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Bokkapitel (refereegranskat)abstract
- Commentary of the Civil code of Ukraine on testate succession is provided and analyzed from the practical point of view.
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