In the article the current regulation of banking activity in Ukraine is analyzed, proposed conceptual suggestions related realization of public justice principles in banking reform in particular in the spheres of banking guarantee schemes, banking insolvency, credits, mortgage regulation, banking accounts and fees
In this paper the author questions the role of Eugen Ehrlich’s sociological jurisprudence for contemporary debates regarding the sources of binding rules that have their (ontological) foundation in societal practices, but whose validity cannot be extracted from these practices. The process of normcreation requires, according to the conception of Ehrlich, an intellectual reconstruction of these practices and patterns by jurists, judges, and legislators who reshape societal relations into legal ones with the help of particular intellectual images. It is this reshaping that gives rise to legal rules.
In this article the author examines the question about a correlation between the pure theory of law and natural law doctrine. The author demonstrates that Kelsen’s was the idea of incompatibility of these two approaches to law. But one cannot consider the borderlines between different philosophical ideas about law as impenetrable. The critical remarks of Kelsen against the natural law doctrine can be reduced to disagreement with political authoritarianism which the Austrian thinker tried to connect with this doctrine. At the same time, the objections formulated by Kelsen against the natural law doctrine remain, in author’s opinion, the most important and coherent contribution to examination of philosophical foundations of this doctrine.