RELATIONSHIP LEGAL CONSTRUCTION AND LEGAL EQUIPMENT
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article analyses the main approaches to legal structure and legislative technique. On the basis of the analysis of these concepts and positions in the scientific literature, the conclusion is made that their identification is impossible. Under the current conditions, the formation of a legal space and the bringing of national legislation in line with international standards, issues of internal harmonization of Ukrainian legislation are of particular relevance. The modern legislative process is extremely difficult since political and economic reforms demanded from the legislator more intense desire for a rapid coverage by the legal norms of the new social reality, the settlement of fundamentally newly formed social relations. Obviously, the very process of establishing the law, the procedure for developing the initial concept of the future statutory legal act, which has the highest legal force, the drafting and discussion of the project, the relationship with other current existing statutory legal acts, the ability of the legal act to adapt in the current legal framework in the future become important. The problem of the operation and development of the law-making process is now complicated both in the theoretical and in practical terms. Integration of Ukraine into the world community has inevitably penetrated the law-making process of international legal constructions. An indicator of the perfection of the legislation is legal constructions – how much legal material was worked out, how much during its development typical scheme and model, data of science and practice were taken into account. The purpose of the article is to elucidate the nature of the legal structure and legislative technique, their role in the research of the law, to obtain more generalized and in-depth knowledge of every actual legal phenomenon, as well as to consider the position of delineation of these categories and the impossibility of their identification. It should be noted that the legal structure plays an important role in the indicator of the legal culture of society and person. The success of the creation of laws and other legal acts depends on the legal culture of the legislator, his truly creative attitude towards his mission, the mastery of legal science and techniques of legislative technology.
Authors and Affiliations
Н. О. Левицька
Keywords
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