General requirements to codification technique
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The scientific paper examines the issue of general requirements to codification technique. The high technical quality of a code is an important prerequisite for its effective implementation, as it provides an opportunity for each subject to clearly understand the content of the code, to model its own behaviour in accordance with its provisions, to anticipate the possible consequences of its unlawful conduct. The problem is exacerbated by the fact that in the legal doctrine the issue of general requirements to codification technique remains insufficiently studied. As a result of the research, the author argues that when using legal constructions, the legislator shall adhere to a number of following rules: 1) legal constructions should correspond to the realities of public life; 2) legal constructions should clearly reflect the signs of the situation they regulate; 3) they must be logical and consistent; 4) they must be logically linked to existing and potentially possible legal constructions; 5) legal constructions should be optimally concretized and understandable for the addressees of the law; 6) when creating the legal structure of the mechanism for the implementation of laws it is necessary that the material and procedural norms be fixed simultaneously, in one act, the procedures should not contradict the content of material norms. The degree of accuracy in the codification act must be much greater than in any other act. In order for the codification act to be as accurate as possible, it is necessary to highlight a number of requirements regarding the style of presentation and legal terminology: 1) the statement of normative prescriptions in the text of the codification act must be logical and consistent, meaningfully completed; 2) the statement of the text of the codification act should be carried out without the use of phraseological translations, metaphors, hyperbole; 3) sentences in the act of codification should be impersonal, neutral. They should not be adapted to a specific situation, to specific legal entities and individuals; 4) the terms used in the presentation of the codification act must have a strictly defined value; 5) the terminology used in the codification acts should be obligatory unified.
Authors and Affiliations
Kristina Deineka
Keywords
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