At the present stage those questions are especially relevant that are connected with civil legislation and intellectual property institution recodification. Intellectual property covers all fields of activity, in particular, agro-industrial, chemical, mining and other industries. The article defines that in Ukraine the necessity of civil legislation recodification includes the ridding of all explicit collisions. Also, it includes the implementation of the world’s best experience in civil relations regulation and its stability and in definition of the direction of the further normative and legislative development. The main directions of recodification of the Institute of Intellectual Property as one of the key civil law institutions of Ukraine are identified in the context of the article. The directions of improvement of legal norms, guaranteeing the inviolability of intellectual property rights, providing them with greater juridical security and their further rationalization are also determined in the context of the article.
The article examines the issue of the primary formulation of the idea of justice in philosophy. It is substantiated that justice is not just the central idea of law but a universal form of embodiment of the idea of justice. In other words, the law is a product of the idea of justice, since injustice could not be embodied in law. Modern geopolitical events, in particular, such as climate change, a pandemic, a war in Ukraine will lead in the future to a change in the regulation of public relations. According to this law, as the most effective regulator, will be subjected to serious pressure. The deformation of the existing legal matter occurs both in its formal expression at the level of legislation (in the broadest sense of this definition), and in a more subtle one - ideological and theoretical. These changes should be considered in view of the increasing practical issues raised by identity politics, as well as in issue of revising the meaning and role of the state for society and the individual in the whole. The events authors observe are comparable in scale to the time when the era of classical Greece ended, when the great philosopher Plato lived and worked, whose philosophical views continue to have a great influence on the intellectual search for European civilization after many centuries. It is not surprising that Plato's most important political dialogue "The State" was devoted specifically to the problem of searching and justice substantiation. In this first article the authors strive for drawing the attention of the scientific community to the issue of justice as a benefit. In legal science, the postulate that justice is the goal, the idea of law is consolidated. In the article the first embodiment of justice idea in the mythical representations of ancient civilizations and the relationship between justice and legislation as a mechanism of determining the desired level of justice in the former society are demonstrated. Аn attention on the content of the legal system with philosophical views of a justice idea in Roman times is focused. This formed a unique legal system known today as Roman law. A special class of lawyers, that was a specific phenomenon of the development of ancient Roman society, had an important influence on this process. Firstly, the presence of a class of lawyers is the cornerstone that distinguishes ancient Roman society from ancient Greek one. Secondly, the ideological and philosophical content of the law of Roman society and its going beyond the clear positive limits of the laws of Twelve tables enable. However, the authors offer the other point of view, owing to the fact that law in its form and purpose is a function of justice, a universal form of its implementation; according to which justice acquires the possibility of its practical implementation in society. null
The article examines the issue of the relation between the idea of a social contract and the constitution. It is argued that the constitution is a formalization of the social contract adopted in society. The interrelation of philosophical ideas of good and justice with the ideas of constitutionalism is considered. In the context of international legal order, the ideas of constitutionalism, good and justice is revealed in the context of international space law. The main example for this is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.Modern challenges to the international legal order and international law, which are connected with the full-scale invasion of the Russian Federation into Ukraine, which began on February 24, 2022, lead not only to rethinking the concept of collective security but also to the restructuring of national legal orders, which were the result of a social contract in each a separate state. Moreover, acquisition by states in the 17th-century subjectivity led to their creation of a regional, and then in the 20th century. - international legal order. In a certain sense, the legal order created and agreed upon by them is a certain social contract, the subjects of which, in contrast to the classical understanding of the concept of a social contract, are states, not people. Therefore, Russian aggression against Ukraine, both existentially and in international legal terms, should be considered as an attempt by the aggressor state in an uncivilized way to revise or even break the social contract "agreed upon" by the states.Against this background, the formation of a new legal culture (especially for Ukrainian society) requires the state, society, and every individual to rethink the system of values and those life-leading ideals that guided these subjects in their actions, to achieve what they built their strategies. As Friedrich Hayek noted, for the formation of a common order, it is necessary that in known situations everyone follows certain rules, that is, that everyone's actions do not go beyond a certain range of behavior. Therefore, both for social theory and for social policy, the question of what properties the rules should have so that individual actions of individuals generate a general order is of crucial importance. Some of these rules will be obeyed by all members of society due to the same understanding of the requirements of the situation. Others will follow spontaneously because they are part of their general cultural tradition. But there will be such rules that will have to be imposed, because although it will be profitable for everyone to ignore them, the general order, on which the success of actions depends, will arise only if these rules are followed.
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