Avoidance the Norms of Legislation as Manifestation of the Deviant Behavior of Participants of Civil Relations
Abstract
Under conditions of the market relations’ development, the growth of social standards, the legislature’s active work, the level of regulation of social relations has increased. In spite of the high level of regulation of the outlined aspects, the participants of civil relations do not always follow the normative rules. Such deviant behavior is caused by various factors. The purpose of this scholarly article is to study the issues of avoidance the norms of law as a manifestation of deviant behavior of participants in civil relations, as well as to develop proposals to prevent its further manifestation. This study has focused on the delinquent type of deviant behavior in social relations. It has been concluded that the deviant behavior of civil relations participants, which is aimed at avoidance the legislative regulation, can be divided into two types: behavior that contains indirect violations of regulations and behavior that does not contain formal violations of regulations. For a better understanding of the causes and factors that cause the phenomena under study, such concepts as ‘legal conscience’ and ‘legal culture’ have been analyzed.
References
[2] Encyclopedia of Modern Ukraine. 2019. http://esu.com.ua/search_articles.php?id=23844.
[3] Golina, V.V., and Golovkin, B.M. 2014.Criminology: General and Special Part.Pravo.
[4] Kossak, V.M. 1999. Legal Principles of Foreign Investment in Ukraine.CenterEuropy.
[5] Kostenko, O.M. 2019. Natura Incognita. On Social Nature and Its Laws.Phenix.
[6] Kravchuk, V.M. 2005.Corporate Law. Scientific and Practical Commentary on Legislation and Case Law. Istyna.
[7] Kucherenko, I.M. 2004.Organizational and legal forms of private legal entities: thesis of the doctor of law.PhD diss., V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.
[8] Law of Ukraine No. 1576-XII ‘On Business Companies.’ 1991. https://zakon.rada.gov.ua/laws/show/1576-12.
[9] Law of Ukraine No. 1678 ‘On the Ratification of the Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part.’https://zakon.rada.gov.ua/laws/show/1678-18.
[10] Law of Ukraine No. 698 ‘On Entrepreneurship.’ 1991.https://zakon.rada.gov.ua/laws/show/698-12.
[11. Martyniuk, A.I. 2008. Pathopsychology. Tsentruchbovoyiliteratury.
[12] Paruta, Yu.I. 2015. Public associations as participants of civil relations. PhD diss., F.G. BurchakResearch Institute of Private Law and Entrepreneurship of the NPRC of Ukraine.
[13] Polyakov, B.M. 2011. Insolvency Law (Bankruptcy) in Ukraine.InJure.
[14] Raape, L., and Luntz, L. 1960. Private International Law. Izdatelstvoinostrannoylitjeratury.
[15] Rabinovych, P.M. 2007. Fundamentals of General Theory of Law and State.Kraj.
[16] Resolution of the Plenum of the Supreme Court of Ukraine No. 7 ‘On Inheritance Litigation.’ 2008. https://zakon.rada.gov.ua/laws/show/v0007700-08/conv.
[17] Shishka, R.B., Zaitsev, O.L., and Michurin, E.A. 2004. Civil Law in Ukraine. National University of the Interior.
[18] Shulga, A.M. 2010. Avoidance the law as a form of abuse of law. Bulletin of the Kharkiv National University of Internal Affairs3:11-20.
[19] The Car Disappears from the Proceedings. Law and Business. 2016. https://zib.com.ua/ua/121961-vsu_zrobiv_visnovok_schodo_zmini_sposobu_vikonannya_rishenny.html.
[20] The Decision of the Constitutional Court of Ukraine No. 11-rp/2012 in Case No. 1-12/2012б. 2012. https://zakon.rada.gov.ua/laws/show/v011p710-12/conv.
[21] The Decision of the Grand Chamber of the Supreme Court in Case No. 369/11268/16-c. 2019. https://reyestr.court.gov.ua/Review/83482786.
[22] The Economic Code of Ukraine. 2003. https://zakon.rada.gov.ua/laws/show/436-15.
[23] Yurkevych, Yu.M. 2017. Contractual Forms of Associations of Individuals and Legal Entities in the Civil Law of Ukraine. Ivan Franko National University of Lviv.
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