«LEGALACT» AND «JURIDICALACT» TERMS USAGE IN MODERN LEGAL SCIENCE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The author tries to overcome terminological uncertainty of general and theoretical category reflecting capable subjects’ to law will on the basis of etymological and semantic analysis. There are given arguments proving the usage of the legal terms «legal act» and «juridical act» as carrying similar sense impact in the legal doctrine. It is noted, that despite initial differences in the sense meaning of the words «legal» and «juridical», extrinsic evidence of which is their etymological aspect, the modern legal science should use their derivative terms «legal act» and «juridical act» as synonyms carrying similar sense impact. «Legal act» notion ambit cannot be limited to only plurality of normative and legal acts, because both the acts of interpretation and the acts of norms of law application are directly related to the phenomenon of objective law. The positive proof of which is the use of the conjoint root «law» in terms «law interpreted» and «law applicable». The important argument proving the truth of this judgment is legal position of the Constitutional Court of Ukraine according to which not only legal acts of the Verkhovna Rada of Ukraine and the President of Ukraine having normative character but also individual legal acts of the pointed state bodies should be checked on the subject of constitutionality.
Authors and Affiliations
І. А. Сердюк
Keywords
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