МОРАЛЬНІ ЦІННОСТІ В ПУБЛІЧНИХ ТА ПРИВАТНИХ ГАЛУЗЯХ ЗАКОНОДАВСТВА
Authors/Creators
- 1. Харківський національний університет імені В.Н. Каразіна
Description
The article discusses the mandatory presence of moral values as a cultural and social basis for building private and public law rules. Moral values are reflected at the private and public levels. They provide a social, ideological, cultural basis in various fields of law and, accordingly, the effectiveness and efficiency of legal legislation in various spheres of society and the state.
In the field of private law, moral values are the starting point for the formation of narratives governing the personal non-property rights of legal entities. And moral values may or may not be clearly articulated in the content of the norm, but all the norms of a particular area of law are aimed at ensuring the achievement of the result so that it is within the moral ideas of society, such as avoiding divorce. In private branches of law, moral values are expressed by the legislator in the form of principles, principles, general restrictions, such as invalidation of the transaction, if it contradicts the moral principles of society or restriction of parental behavior if it goes beyond generally accepted in this social behavior of an individual or relatively small collective (family) of the subject of law.
In the public branches of law, methods and measures are established to protect and defend against acts that are based on violations not only and not so much of the law but of moral principles and values. Peculiarities of such moral and legal protection in public branches of law are the same values as in private branches of law (life, health, will, honor, dignity, etc.), but large social groups - ethnic groups, nations, nationalities, humanity in general.