Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach
The subject of the study is legitimate expectations as an object of judicial protection in civil proceedings, as well as the principle of law, due to the hope of a person for a procedure in which the state will ensure effective protection of the violated right or legitimate hope for the state promis...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2021-09-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/498 |
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| author | O. H. Bortnik |
| author_facet | O. H. Bortnik |
| author_sort | O. H. Bortnik |
| collection | DOAJ |
| description | The subject of the study is legitimate expectations as an object of judicial protection in civil proceedings, as well as the principle of law, due to the hope of a person for a procedure in which the state will ensure effective protection of the violated right or legitimate hope for the state promise. Understanding of these categories directly depends on the method of interpretation and priority of certain forms of law as substantive and formal characteristics that express the law.
The study is based on a systems approach. Given the purpose of the study, methods that generally allowed to determine the optimal type of legal understanding were used, which eventually made it possible to solve the problem of finding a tool of interpretation: analysis and synthesis, induction and deduction, formal legal and comparative legal, and other methods.
Arguments are made in favor of the idea that the protection of legitimate expectations in terms of legal understanding and law enforcement within the natural, social concept of law and legal positivism is reduced to legal skepticism and only the probability of compliance with the requirements of legal certainty. The main result of the study is to join a synergetic approach to legal understanding, which provides a complex but clear algorithm for comparing formal and substantive legal phenomena in civil proceedings, which is a multi-stage test of proportionality as a universal tool which provides an opportunity to take into account the diversity of certain law enforcement circumstances in the case, ensuring the legitimate expectations of the person of substantive and procedural nature.
The results of the study can be used in further research to determine the alleged interpretive mechanisms in civil proceedings that have the purpose of the alleged enforcement. This determines the practical significance of the results of the study in the case of application by courts of procedural rules, determined at its discretion. |
| format | Article |
| id | doaj-art-dfc2f371a16a4f1d819a138b353a555a |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2021-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-dfc2f371a16a4f1d819a138b353a555a2025-02-02T03:31:01ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332021-09-01823707610.32631/pb.2021.3.07498Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approachO. H. Bortnik0Kharkiv National University of Internal AffairsThe subject of the study is legitimate expectations as an object of judicial protection in civil proceedings, as well as the principle of law, due to the hope of a person for a procedure in which the state will ensure effective protection of the violated right or legitimate hope for the state promise. Understanding of these categories directly depends on the method of interpretation and priority of certain forms of law as substantive and formal characteristics that express the law. The study is based on a systems approach. Given the purpose of the study, methods that generally allowed to determine the optimal type of legal understanding were used, which eventually made it possible to solve the problem of finding a tool of interpretation: analysis and synthesis, induction and deduction, formal legal and comparative legal, and other methods. Arguments are made in favor of the idea that the protection of legitimate expectations in terms of legal understanding and law enforcement within the natural, social concept of law and legal positivism is reduced to legal skepticism and only the probability of compliance with the requirements of legal certainty. The main result of the study is to join a synergetic approach to legal understanding, which provides a complex but clear algorithm for comparing formal and substantive legal phenomena in civil proceedings, which is a multi-stage test of proportionality as a universal tool which provides an opportunity to take into account the diversity of certain law enforcement circumstances in the case, ensuring the legitimate expectations of the person of substantive and procedural nature. The results of the study can be used in further research to determine the alleged interpretive mechanisms in civil proceedings that have the purpose of the alleged enforcement. This determines the practical significance of the results of the study in the case of application by courts of procedural rules, determined at its discretion.http://pb.univd.edu.ua/index.php/PB/article/view/498legitimate expectationscivil proceedingsprinciples of lawtypes of legal understandinglegal positivismjusnaturalismsociological school of lawsynergetic approach. |
| spellingShingle | O. H. Bortnik Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach Law and Safety legitimate expectations civil proceedings principles of law types of legal understanding legal positivism jusnaturalism sociological school of law synergetic approach. |
| title | Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach |
| title_full | Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach |
| title_fullStr | Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach |
| title_full_unstemmed | Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach |
| title_short | Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach |
| title_sort | legitimate expectations in civil proceedings traditional legal understanding and synergetic approach |
| topic | legitimate expectations civil proceedings principles of law types of legal understanding legal positivism jusnaturalism sociological school of law synergetic approach. |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/498 |
| work_keys_str_mv | AT ohbortnik legitimateexpectationsincivilproceedingstraditionallegalunderstandingandsynergeticapproach |