The systematization of legislation as a legal activity
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The systematization of legislation and its types (accounting, incorporation, consolidation and codification) from the point of view of subjects, objects and results of this activity were explored and directions of further researches were determined in this article. The author argued that accounting and incorporation also consolidation and codification are fundamentally different types of activities related to law. The subjects of accounting and incorporation are as a state (state bodies), local self-government bodies, and legal or natural persons. The object of these activities (on what the subject’s activity is directed; what changes as a result of this activity) is legal information. It is legal information that is organized and improved as a result of accounting and incorporation. The result of these activities is a new qualitative state of presentation of information about the legislation (legal information), which is organized (systematized) and decorated accordingly (collections of legislation, electronic databases, scientific-practical comments, etc.). Subjects of consolidation and codification are only subjects of law-making. The object of these activities is directly current legislation. The current legislation is changing (changing the quality of its form and content) as a result of consolidation and codification. The result of these activities is the adoption of a new legal act (consolidated or codified). So, activity, which results in a new qualitative state of legislation (systematization of legislation) is only consolidation and codification. Consolidation and codification in its content are law-making activity (law-making). The legal nature of law-making is determined by the process of granting legal norms of a mandatory nature. The purpose of such activities as accounting and incorporation is to inform about the current legislation. The content of these activities is the systematization (ordering) of legal information, and not directly current legislation. According to the author of the article, accounting and incorporation should be defined as information juridical or legal activity (depending on the official or non-official character of this activity).
Authors and Affiliations
Vira Ryndiuk
Keywords
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- EP ID EP545189
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