Theory of State and Law

 
 Tittle  Theory of State and Law
 Department  Theory and History of State and Law
 Type (compulsory/optional)  Compulsory
 Cycle (first/second)  First Cycle
 Semester when the component is delivered  1st and 2nd semesters
 Course description   The course is directed on building basic theoretical knowledge about the origin, development and operation of state and law, the deep nature of these institutions, forms, principles, characteristics and mechanisms of their mutual influence. In particular, it involves mastering of the concepts and legal categories and legal assessment of the skills of legal phenomena and processes of social life, mastering the methodology of the research and analysis of state legal reality; to develop skills to interpret correctly, to implement and enforce regulations to use legal procedures to protect rights and freedoms; justify the legality and appropriateness of adopted legal decisions highlight the main stages of law-making process; to identify areas of influence on the process of legal regulation, the main ways of building modern (sovereign, social, democratic legal) state, to distinguish legal relations in the society.
 Course content

Module 1. Law as a legal science. The methodology of legal science. Theory of state
Topic 1. General description of jurisprudence as a legal science. The concept, subject and structure of jurisprudence
Topic 2. The general concept, subject, methodology and functions of the theory of state and law and its practical significance
Topic 3. Origin, essence and main features of the state
Topic 4. Overview of theories of the state. The theory of the modern state. State and Civil Society
Topic 5. Types and function of the state ‑ the main characteristics of the social nature of the state
Topic 6. Forms of state
Topic 7. Mechanism and apparatus of the state
Topic 8. The political system of society and the state
Topic 9. State, law and the person
Topic 10. Nature and characteristic features of legal state
  
Module 2. The theory of law. Legal liability
Topic 11. Concept, origin of law, modern legal thinking
Topic 12. Social values, principles and functions of law
Topic 13. Social norms. The system of law regulation
Topic 14. Forms (sources) of law. The formation of law
Topic 15. The legal system, system of legislation. Systematization of legal acts
Topic 16. Realization of the law
Topic 17. Interpretation of the law
Topic 18. The law and order
Topic 19. Legal behavior. Legal responsibility
Topic 20. Legal consciousness and legal culture
Topic 21. Legal relationships
Topic 22. The legal regulation of social relations and its mechanism
 Learning outcomes  Students should know:
• subject of the general theory of state and law;
• primary and secondary methods of research of the state-legal phenomena;
• diversity of the concepts of the origin of state and law;
• concepts and features of the state and its functions;
• form of the state and its elements: form of government, territorial form of state, state (political) regime;
• principles of formation and activities of the state apparatus;
• political system of society and its elements;
• human rights, international legal mechanisms for promotion and protection of human rights;
• the nature and value of the social rights of its forms (sources), function of law;
• the place of right in the system of social norms;
• patterns of the rule of law;
• system and the structure of law and legislation;
• principles, axioms, presumptions, fictions of law (rule of law, power division, the presumption of innocence and etc.).
• lawmaking (legal technique and legal style), forms of implementation and interpretation of the law;
• essence of lawful behavior, violations and legal liability;
• legal order.
Students should be able to:
• use common concepts and categories;
• apply theoretical knowledge in legal practice;
• finding the necessary legal and other literature to deepen their theoretical knowledge;
• distinguish different types, forms of state and characterized their functions;
• identify the main ways of building a sovereign, social, democratic, legal state;
• distinguish legal relations in society;
• provide analysis and interpretation of law, acts and regulations;
• use legal procedures to protect rights and freedoms;
• justify the legality and appropriateness of the taken legal decisions;
• highlight the main steps and stages of law-making process;
• identify extents of influence in the legal regulation.

Competences, formation of which provides the study of discipline:
understanding and perception of ethical conduct in relation to other people;
perseverance the ability to work continuously and systematically on themselves and on the received information;
concern for the quality of work, ability to form purposefully the structure and procedure of personal activities;
tolerance;
legal literacy, the ability to apply the rules of legal culture;
the ability and willingness to use knowledge of the relationships in the real world, to understand the causal relationships of society;
the ability to think logically, critically, creatively, scientifically analyze socially significant problems and processes of the legal field;
the ability to understand the realities of validity;
perceive the law as the highest value of the social life of the individual;
capacity for written and oral communication in their native language;
the ability to apply the basic methods of analysis and evaluation of the application of the law.
 Contact hours (lectures/seminars)
1-st semester: 30/30
2-nd semester: 30/30
 
Prerequisites

  There are no special prerequisites for the course.
 Number of ECTS credits allocated

  7 credits