Method of analysis in legal technique
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the scientific article the basic principles of the theory and practice of using the method of analysis in legal technology are disclosed. It is shown that the method of analysis determines the level of effectiveness of the norms of law in practice, as well as proposals are made to improve the effectiveness of the implementation of regulatory regulations in the future. In its direct content method of analysis is a certain set of techniques, methods of knowledge of the object and the subject of legal technology, the content of which is a set of rules, principles. The method of analysis involves the conditional division of state-legal phenomena into separate parts, the allocation of major or substantial features in them, on the basis of which a certain rule of law technique is produced. An attempt to understand the role of analytical thinking in law led to the emergence of one of the most influential areas of legal thought – analytical jurisprudence. The quality of legal thinking depends on the level of development and efficiency of legal work, as well as the political, legal and technical and legal perfection of normative and individual legal acts. The application of the method of analysis in legal technology, consisting of legal terminology, legal structure, form of a legal act, methods and rules of presentation of its content, allows us to investigate the problems of law-making, to carry out the examination of normative legal acts and to create effective legislation for the development of Ukraine as a rule of law. The analytical view implies the division of the problem into systems-related parts, the identification of causal links, forecasting and evaluation of the entire spectrum of the consequences of the decision – characteristic both for legal science and for legal practice. On the basis of application of the method of analysis of the law, in addition to other technical and legal methods, a detailed picture of the legislation, practices of its application, reveals its legal and social content, the most effective methods and forms of legal activity are developed. For continuous and systematic analysis of the law, it is necessary to use the generalization of judicial and arbitration practice, parliamentary hearings, parliamentary and deputy requests, the possibilities of the Accounting Chamber, the Office of Public Prosecutor, the Office of the Commissioner for Human Rights. It is important to build a system that allows for a regular analysis of all factors (temporary and permanent, positive and negative) that influence the development of Ukrainian legislation, to determine the extent of their influence on the legislative process. Insufficient consideration of the requirements of legislative regulation leads to the fact that some laws are born spontaneously, and programs of reforms are not always accompanied by legislative acts.
Authors and Affiliations
Illia Shutak
Keywords
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