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All Journal Ius Humani. Law Journal Nusantara: Journal Of Law Studies
Yevhen Leheza
Unknown Affiliation
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Principles of law: Methodological approaches to understanding in the context of modern globalization transformations Yevhen Leheza; Larysa Nalyvaiko; Oleksandr Sachko; Victor Shcherbyna; Olha Chepik-Trehubenko
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.312

Abstract

The purpose of the research is to highlight methodological approaches to understanding principles of law in the context of modern globalization transformations. Their ontological, epistemological and axiological nature are revealed, in particular, links of the principles of law with human existence, science and other ways of world perception are being traced. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of methodological approaches to understanding of principles of law in the context of modern globalization transformations. Conclusions. The classification of the principles of law was singled out and a brief description of their types — universal principles, civilizational principles, and right-family principles and possibilities of separating principles of the national legal system was provided. Key words: principles of law, ontological nature, epistemological nature, axiological nature, science, classification, universal principles.
Interpretation of Regulatory and Legal Acts in Contemporary Contexts: Foreign Experience, Comparative Perspectives, and Pathways for Regulatory Reform Yevhen Leheza; Oleksandr Kurakin; Olha Shapovalova; Kateryna Sokh; Artur Makarov
NUSANTARA: Journal Of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18727992

Abstract

This article examines the theoretical and legal foundations of interpreting regulatory and legal acts in contemporary contexts, with particular emphasis on integrating foreign experience into the Ukrainian legal system. The study aims to identify methodological gaps in domestic interpretative practice and to formulate pathways for regulatory reform aligned with European standards. Employing a comparative legal methodology, the research analyses interpretative approaches across continental systems (Germany and France) and Anglo-Saxon systems (Great Britain and the United States), as well as the jurisprudence of supranational judicial institutions, notably the Court of Justice of the European Union and the European Court of Human Rights. The analysis combines doctrinal examination, case-law review, and systemic legal analysis. The findings demonstrate that the continental tradition ensures coherence, systematicity, and legal certainty, whereas the precedent-based model emphasises flexibility, judicial creativity, and practical justice. In contrast, interpretative practice in Ukraine remains predominantly formalistic, lacks methodological integration, and is insufficiently responsive to the dynamics of European integration. The study substantiates the feasibility of combining domestic legal traditions with advanced European interpretative methods, particularly teleological, systemic, and evolutionary approaches oriented toward the rule of law and human rights protection. It further argues for strengthening the Supreme Court's role in ensuring uniform judicial practice and fostering doctrinal development. The article contributes to comparative legal scholarship by proposing a structured model of interpretative reform that bridges continental and precedent-based traditions. Its practical significance lies in enhancing the quality of law enforcement, promoting harmonisation with European legal standards, and fostering a modern culture of legal interpretation responsive to contemporary regulatory challenges.
Co-Authors Artur Makarov Kateryna Sokh Larysa Nalyvaiko Oleksandr Kurakin Oleksandr Sachko Olha Chepik-Trehubenko Olha Shapovalova Victor Shcherbyna