«SOFT LAW» IN THE REGULATION OF ECONOMIC RELATIONS |
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Author |
 Ostapenko Yu. I., assistant, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
27.01.2017 | Issues number |
2017 - № 1 (28) | Page |
98-107 |
Type of articles |
Scientific article | Code UDK |
346.13.(094) | ISSN print |
2411-5584 |
Abstract |
Problem setting. The concept of «soft law» has comprised into circulation due to the rapid development of international commercial relations, their complications and the need for their settlement. Recent research and publications analysis. The rules of «soft law» have been the subject of study such scientists as I. I. Lukashuk, R. A Kolodkin, T. M. Neshatayeva, Kim Doc Chu, P. Weil, John. Gold, M. Sini, John. P. Burgess, D. M. Trubek, M. Nancy et al. American researcher Anna Di Robilant provides two approaches to the origin of «soft law»: 1) prerequisites «soft law» to be found in the medieval pluralism and lex mercatoria; 2) «soft law» associated with the concepts of «social law» and «legal pluralism» which open European lawyers «antiformalist» in the late nineteenth century and later. More scientists consider the concept of «soft law» together with «hard law». However, the question of its nature, structure, especially in the field of economic relations today is debatable. Paper objective. The article’s purpose is to analyze of the content of the legal phenomenon of «soft law» and determine the level of its implementation in national legislation. Paper main body. Currently, the concept of «soft law» is used by scientists who study the development and emergence of any relations, including economic, and understanding it as set of rules and tools, which legal force is in the process of «discussion». The modern understanding formed in the middle of 1970s in the Western European doctrine and has spread in the sphere of economic law as a part of its sources and means of regulating foreign economic activity. «Soft law» tools are closely linked with world events and processes. Conclusions of the research. «Soft law» should be considered as a system of nonbinding rules that have important practical significance and extensive use. First, such rules provide prompt response the need to address relations, that is, soft law is peculiar indicator of problematic aspects of inter-state coexistence. Second, soft law is an organic phenomenon. Thirdly, it is through of soft law is provided by adaptation enactment of the array to the existing international situation particularly in the sphere of economic relations. New international legal norms that provide regulation of the most common economic relations are defined and established. Short Abstract for an article Abstract. «Soft law», its nature and structure in the regulation of economic relations are studied; the theoretical views of scientists on the essence and significance of this phenomenon are analyzed. |
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Keywords |
Economic legislation of Ukraine, soft law, sources of economic law, economic law regulation. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
1 98-107 | ||||
Bibliography |
none | ||||
Code DOI |
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12.11.2016