DEVELOPMENT OF LAW IN THE CONTEXT OF GLOBALIZATION PROCESSES: THE MAIN DIRECTIONS AND TRENDS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article gives a description of the influence of globalization processes on the sphere of law, in particular on legal families and their evolution, the national systems of law and their interaction, on the general theory and methodology of the study of law, internal processes that take place in the law and the development of international law. It has been determined that globalization, which received a powerful impetus in the second half of the 20th century, involves an assessment of heterogeneous processes not only in economic relations, but also in the field of politics, law, culture, morality, the whole complex system of relations that arise in the modern world. between participants in international communication. Globalization is the process of creating a single, interconnected world in which peoples are not separated from each other by the usual protectionist boundaries, which simultaneously impede their communication, and which protect them from disorderly external influences. In this case, we are talking not only about the impact of globalization on the national legal systems of individual countries or regions, but also on the impact of global processes on the legal systems of the world community as a whole. The legal scientific literature states that "globalization significantly influences the transformation, change and modernization of state-legal institutions, norms and relations at the global, macro-regional and national levels, stimulates, accelerates and updates the processes of universalization in the field of law". It is emphasized that the process of globalization influence on the right in general, in the general theoretical and methodical terms, differs by such features and features as: the fundamental and radical nature of the influence of globalization on the right and on the development of his theory; a great variety of ways and forms of influence of globalization on the right; direct and indirect (mainly through economics and politics) influence of the process of global activity not only on the national (domestic) but also on international law, etc. In addition, the article analyzes the main ways and forms of influence of globalization on the right, outlines the main directions of the impact of globalization on the right. It is determined what changes occur in the law under the influence of globalization processes. Among them: the change of the essence of law as a phenomenon; there is a certain influence not so much on the essence of law, but on its content, its institutional and functional role, as well as on the goals and tasks that face it, on its purpose; changes occur in the system of sources or legal forms; globalization has some influence on the process of lawmaking, law enforcement and law enforcement. Along with the consideration of the main directions of importance for a deep understanding of the essence of the changes arising in the law under the influence of processes of globalization and regionalization, also shows the main tendencies of its development. Among them, the tendency of universalization and unification of the law should be distinguished first of all. tendency of wider formation and more active use of the principles of law as a regulator of social relations; tendency to strengthen the role and significance of judicial law; the tendency to expand the legal sector in terms of human rights and citizen
Authors and Affiliations
М. Г Хаустова
Keywords
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