Перегляд за Автор "Ryazanov, Mykhailo"

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  • Ескіз
    Документ
    Legal anomalies within human rights implementation in court: Ukrainian heritage and perspectives
    (2021) Ryazanov, Mykhailo; Chuvakova, Hanna; Piliuk, Suliko V.; Пілюк, Суліко Валеріївна; Пилюк, Сулико Валерьевна
    The law is a regulator of relations based on an orderly, generally accepted system of ideas and norms for the behaviour of subjects in a particular relationship. A large number of regulations, which are an external reflection of the content of law, sets the boundaries of such behaviour, but under the influence of relevant factors that have a subjective and/or objective nature, there are cases of deviation from generally accepted regulations, the so-called legal anomalies that occur in the exercise of a person’s rights in court. This article contains an analysis of current legal anomalies that may arise in the exercise of a person’s procedural rights in the administration of justice, given the reasons that provoke their occurrence. Both legal anomalies related to the subject of realisation of rights in court and anomalies that indirectly affect the possibility and completeness of such realisation were subject to research. The authors assessed the phenomenon of abuse of law, legal nihilism of the participants in the process, inconsistencies of judicial practice, etc., in terms of classifying such phenomena as legal anomalies. The possibility of recognising a legal anomaly at the legislative level (abuse of law) and the transformation of a legal anomaly into a rule of procedural law (written proceedings) is investigated. Variants of vulnerabilities of the modern mechanism of administration of justice are offered, where there is a high probability of emergence of new legal anomalies in the sphere of realisation of the rights of the person at protection by a court of the broken, unrecognised, or disputed rights.
  • Ескіз
    Документ
    The categories "legal tradition" and "anomaly of the legal sphere" in the context of regulation of innovations of modern society
    (2020) Chuvakov, Oleh A.; Чуваков, Олег Анатолійович; Чуваков, Олег Анатольевич; Ryazanov, Mykhailo; Chuvakova, Hanna; Pavlova, Tetiana O.; Павлова, Татьяна Александровна; Павлова, Тетяна Олександрівна
    The relevance of the article is due to ignorance of legal traditions and lack of sufficient theoretical and practical basis for legal inheritance make it impossible to complete the formation of a coherent and stable legal system since it is based not so much on borrowing but on one's own legal experience as is built on centuries-old legal traditions as well as modern achievements of legal realities. The object of the study is public relations that cannot be settled through standard means of regulation. The article deals with the categories "legal tradition" and "anomaly of the legal sphere". The method of comparison, the dialectical method, the logical method, the method of analysis and the method of synthesis, the method of deduction in the writing of this scientific work were used. As a result of the study, the authors made the following conclusions. To normalize the anomalies of the legal sphere and accelerate their adaptation in the legal field, the legislative nature of such an anomaly should first of all be determined, as well as to fill the gaps in its legal regulation, which will result in a reduction of conflict situations, respect for human rights and interests, further formation of a new legal tradition and an increase in legal heritage.