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Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 22)

Publication Date:

Authors : ;

Page : 83-92

Keywords : compromise; compromise in law; legal compromise; criminal-legal compromise;

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The most difficult area of application of the compromise is the sphere of law, because legal rules of behavior themselves are a dynamic phenomenon, and standard methods and methods for resolving situations may not always be applicable. In this article, the author gives his definition of the concept of legal compromise, a compromise in law, and also briefly analyzes the criminal-legal compromise. A compromise as a special legal means in the system of determinants of legal activity is of particular importance, and its underestimation negatively affects the effectiveness of the mechanism of action of the law, the action of progressive laws is blocked and, in fact, the implementation of positive transformations in society. At the moment, in most legal states, including Ukraine, the institution of compromise is an integral part of industry law. The institute of compromise found its fixation in criminal, criminal procedure law, civil, civil procedure law, administrative, customs, arbitration, labor law and other branches of law. It should be noted that a compromise with the help of legal means begins to function as a principle of law and as a way of legal regulation, provides an improvement in the mechanism of action of law. At the same time, a compromise in the legal sphere adapts to the peculiarities of the mechanism of law. Please note that the concept of «compromise» is absent in most legal encyclopedias, dictionaries, reference books, although it is commonly used. The author draws attention to the fact that the compromise in law and the legal compromise are by no means identical. The social significance of the compromise makes one think about whether the compromise can and to what extent find its place in the system of criteria for assessing the quality of the rule of law. The own definition of compromise in law, legal compromise and compromise in the legal sphere is set forth in the article. The author in the article characterizes the institution of compromise in the legal sphere, and briefly analyzes the criminallegal compromise.

Last modified: 2021-03-16 21:54:26