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General features of the system of principles of agrarian law

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In this article, it is discussed the features of the system of modern principles of agrarian law. The attention is paid to the lack of unity and significant differences between the author’s individual positions when formulating a system of such principles, both in the qualitative and quantitative aspects. It is revealed the reason for this situation, which consists in the opposition of objective-subjective beginnings in the nature of the agrarian law principles. It is the predominance of the subjective component that leads to the diversity of principles proposed by scientists, which need to be discovered, rather than invented. The discrepancy between the subjective vision of scientists and the objective nature of the principles causes the inefficiency of norms, which are the result of implementation of such principles in the normative array. Insufficient level of disclosure of the theoretical aspects for the formation of the agrarian law principles leads to their identification with the tasks of agrarian law as a branch. It is stated that the majority of scientists introduce a two-level differentiation of the principles of agrarian law into the general and sectoral (special) ones. Attention is also paid to the lack of principles of inter-sectoral level in most of the systems proposed today, which leads to unnecessary duplication at the level of sectoral (special) principles. At the same time, it is criticized the identification of general legal and constitutional principles used in the theory of agrarian law. It is substantiated the introduction of a six-level structure of the system of principles of agrarian law in the context of general one (international and national (constitutional), inter-sectoral, sectoral, sub-sectoral, institutional and sub-institutional principles).
National University of Life and Environmental Sciences of Ukraine
Title: General features of the system of principles of agrarian law
Description:
In this article, it is discussed the features of the system of modern principles of agrarian law.
The attention is paid to the lack of unity and significant differences between the author’s individual positions when formulating a system of such principles, both in the qualitative and quantitative aspects.
It is revealed the reason for this situation, which consists in the opposition of objective-subjective beginnings in the nature of the agrarian law principles.
It is the predominance of the subjective component that leads to the diversity of principles proposed by scientists, which need to be discovered, rather than invented.
The discrepancy between the subjective vision of scientists and the objective nature of the principles causes the inefficiency of norms, which are the result of implementation of such principles in the normative array.
Insufficient level of disclosure of the theoretical aspects for the formation of the agrarian law principles leads to their identification with the tasks of agrarian law as a branch.
It is stated that the majority of scientists introduce a two-level differentiation of the principles of agrarian law into the general and sectoral (special) ones.
Attention is also paid to the lack of principles of inter-sectoral level in most of the systems proposed today, which leads to unnecessary duplication at the level of sectoral (special) principles.
At the same time, it is criticized the identification of general legal and constitutional principles used in the theory of agrarian law.
It is substantiated the introduction of a six-level structure of the system of principles of agrarian law in the context of general one (international and national (constitutional), inter-sectoral, sectoral, sub-sectoral, institutional and sub-institutional principles).

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