THEORETICAL AND LEGAL ANALYSIS OF THE CONCEPT AND THE CONSTITUTIONALITY OF THE LEGALLY ERROR: SPECIAL ISSUES
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 1
Abstract
The article deals with theoretical and legal analysis of the problem of definition of the concept and essence of the law-making error. The author stresses that mistakes in lawmaking negatively influence the implementation of all legal activities, prevent the achievement of the general objectives of legal regulation, and also constitute a potential risk factor for the occurrence of harmful and, in some cases, dangerous consequences for society, personality and state. The effectiveness of lawmaking activity is influenced by many factors, one of which is the detection of law-making errors and their further elimination. In this sense, the need to form a clear theoretical basis regarding the nature and essence of legislative mistakes is urgent. At present, the uncertainty of the theoretical construction of lawmaking and its individual elements is complicated by the process of formulating the nature of the mistake that occurs in law-making activity, as well as its identification. The author suggests proceeding from the understanding of lawmaking as a kind, not an integral part of law-making, that is, the law-making activity of legislative bodies or people, which aims to objectify, change, terminate and systematize legal regulations. In this regard, we propose in the future to proceed from the understanding of the legislative mistake as a violation of the requirements of law-making machinery and technology of legislative bodies or people in the course of their law-making activity, which is aimed at objectification, change, termination and systematization of legal norms.
Authors and Affiliations
Olena Ivanenko
Keywords
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