IMPLEMENTATION OF PRINCIPLES OF PRIVATE LAW AS A COMPONENT OF THE PROCESS OF FORMING THE RULE OF LAW DURING UKRAINE'S INTEGRATION INTO THE EU

Abstract

The prerequisite for the preparation of this scientific article was the study of the institute of principles of civil law, and later of private law, which was embodied in several scientific articles and approved in theses for an international scientific conference. In addition, the results of the research were reflected in the chapter of the textbook on civil law. In turn, the issues of this article provide for research in the context of completing the formation of a legal state, accelerating the adaptation of the updated civil legislation of Ukraine in order to form private law and integrate into the European legal system.

Based on the provisions of the theory of law, the implementation of the above-mentioned processes is due to certain factors, without which the existence of social phenomena and legal categories is impossible. In particular:

1. The formation and existence of a legal state involves the strict implementation by individuals of current legislation, that is, certain rules of behavior.

2. Education in society of legal culture, ethics and legal consciousness, which determines the functioning of the process of legal understanding, which involves the exercise by subjects of legal relations of their constitutional rights and fulfillment of obligations.

3. The formation and operation of civil legislation, as well as its further influence on the behavior of individuals in society, is carried out on the basis of initial provisions, guiding ideas, that is, on the principles of civil law, which are subject to mandatory implementation.

Therefore, the implementation of principles is their embodiment in the norm-making process and their indirect practical application in the legal regulation of legal relations.

The implementation of principles is a multifaceted, complex process that combines theoretical, philosophical, historical scientific achievements, traditions, morality, as well as tactics for applying norms of behavior, which indicates the practical side of the issue.