THE MAIN HISTORICAL STAGES OF SOVIET ECONOMIC LAW FORMATION

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THE MAIN HISTORICAL STAGES OF SOVIET ECONOMIC LAW FORMATION

Journal Title: Економічна теорія та право - Year 2015, Vol 2, Issue 21

Abstract

Problem setting. Generally, the historical stages are considered in scientific literature. At first sight, they are accurately determined. Nevertheless, as a practical matter, systematization of the stages and determination of historical preconditions of emergence of one or another legal period in the Soviet economy and their influence on modern regulation of economic relationships are not sufficiently examined. Recent research and publications analysis. Representatives of the Donetsk law school, i. e. V. K . Mamutov, H. L. Z namenskyi, P. H . Skrypnyk, and V. A . Ustymenko, have made a considerable contribution to analysis of historical development of economic law. O. M. V innyk, D. V . Z adykhailo, R. B . P rylutskyi, etc. have also analyzed the economic law development in Soviet times. Nevertheless, these scientists have not paid considerable attention to an issue of influence of the Soviet economic law on modern economic and legal relationships and the economic legislation on the whole. Paper objective. The article objective is to thoroughly analyze the Soviet economic law development and its influence on modern legal support of the domestic economic field. Paper main body. The fundamental basis of economic law, legislation, and initial economic and legal categories has begun to form at the beginning of the XX century in Soviet times. The main directions of the Soviet law school, which have been inherited for the purpose of analysis of modern economic law basic processes, expediency of registration, and evaluation of experience of previous theoretical achievements and developments of the Soviet legislation are of great significance for understanding modern legislation problems and expediency of legislation codification processes in the world and in Ukraine, where the economic law has developed on the basis of evolutional historical stages. These evolutional historical transformations have stipulated expediency of transformation of economic and legal categories of the modern legislation to certain economic and law institutions emerging under the effect of historical processes in times of Soviet legal regulation of particular categories of economic relationships. Conclusions of the research. In times of the economic law development relationships being regulated by this science were referred to different disciplines, including to civil law. Nowadays, there are many followers of various theories related to existence and development of this science. However, this science, which has arisen long time age, still exists and it is introduced in the Economic code, which become valid on the 1 January 2004. Inevitability of codification processes has been stipulated and fixed by the historical past of legal support of the economic field. Short Abstract for an article Abstract. The fundamental basis of economic law, legislation, and initial economic and legal categories has begun to form at the beginning of the XX century in Soviet times. Consequently, expediency of taking into account and evaluation of experience of previous theoretical achievements and developments of the Soviet legislation are of great significance for understanding modern legislation problems and expediency of legislation codification processes in the world and in Ukraine, where the economic law has developed on the basis of evolutional historical stages affecting its content and basic legal constructions. The author determines the content and the legal constructions, indicates the main directions of the Soviet law school inherited in the form of the modern economic law paradigm, and detected genesis of transformation of economic and legal categories, which are applied at the contemporary market stage of the economic law development in Ukraine. Having used system analysis, the author states that processes of economic law codification are inevitable.

Authors and Affiliations

Юлія Остапенко

Keywords

EP ID EP226346
DOI -
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