Systematization of law is a fairly common term in the legal culture. Many students studying in law programs have come across this concept more than once. For the average layman and the beginner of the normative sphere, the definition of “systematization of law” is not clear. Despite this, the term is of particular interest to citizens, as it permeates through all spheres of public life.
About the essence of the concept
The system and systematization of law comes from the verbs "combine", "generalize", "bring in the established order." Based on the etymology of the word, it is easy to guess that in legal culture the term is used to organize Russian law.
In the legal doctrine, almost all opinions boil down to the fact that the systematization of law is an activity whose goal is to bring legal documents into a coherent and clearly interacting system. Under this process it is necessary to understand the sequence of actions that can only show the result in the form of effectively working legislation in the state. There can be no question of one-time tools and steps, since the lack of coherence of the stages will not increase the effectiveness of public and private norms.
About lawmaking
The concept of “systematization of law” includes such an element as the creation and publication of normative acts. Law-making is a dynamically developing sphere of state activity, the stopping of which leads to discord of public views and beliefs with the activities of the government.
In the modern world there is an objective need for the constant updating of legal documents, the publication of norms and rules of conduct, as well as the reform of obsolete acts. So, some laws become obsolete, others are supplemented and wider, others are completely revised and filled with new norms. For effective lawmaking, it is important on an ongoing basis to analyze all areas of society for compliance with the views and values of the current legislation.
About objects of systematization
Most scholars are inclined to believe that the object of systematization of law is exclusively legislative acts and documents, however, in modern jurisprudence, more and more young scientists refute the deep-rooted point of view.
Nowadays, not only legal acts are put in order, but also court decisions, acts of prosecutorial response, as well as other law enforcement documents, the list of which cannot be exhausted.
Moreover, the systematization of sources of law regularly occurs at the local level: in municipalities, healthcare organizations, private companies and enterprises. This process takes up a bit more space in the life of a modern person than one can imagine. The term under consideration leads to the achievement of high results, increasing the efficiency of each employee and the work collective as a whole.
Stages of putting law in order
Given the fact that forms of systematization of law can be different (state legal acts, municipal acts, systematization of documents at the local level), the procedure for this activity cannot be considered in a single format. In this case, it is worth highlighting the general stages of bringing the right to the system:
- Plan.
- Making a list of documents that you need to work with.
- Direct collection of acts.
- Disposal of documents that do not have their significance, for example, outdated.
- Making (if necessary) changes and additions.
- Comprehensive analysis and subsequent audit.
- The choice of systematization criteria.
- Placement of material in accordance with the rubrics.
As a result of all activities, the result of the work is a harmoniously interacting system of documents. It is important to pay attention not only to the selection and updating process, but also to the definition and selection of criteria.
Meaning: Is the game worth the candle?
Systematization of law is a very complex and multifaceted process. That is why the most experienced employee of the department or a lawyer who has long been with you with such issues should create a coherent and orderly structure of the legal act.
In this regard, many employers and company managers underestimate the importance of this activity, which consists of the following four points:
- The need for a detailed study of any issue makes each employee sort through a huge number of norms and acts. If there is no such system, the search and selection will take a huge amount of working time, which is extremely disadvantageous for both the employer and the client. And the employee himself, for sure, will be overly tired of a comprehensive analysis of documents not related to each other.
- Thanks to the foundation and harmonious interaction of the legal acts in scientific theory, it is easy to highlight the problems of systematization of law. How to identify a document that is outdated, but whose norms are used in everyday life? Which changes are objectively necessary, and which will obsolete in a couple of months? These and many other questions can be answered by legal scholars who have studied these processes for decades in order to increase their effectiveness.
- Infinity of fantasy. Any organization is able to sort documents by any number of samples. Such diversity brings the maximum amount of benefit when the company is excessively large, and the interaction of departments is not worked out. In this case, the systematization of law is the best opportunity for a mutually beneficial exchange of information.
- This process is important for the development of the state legal system. Tracking specific changes in society and updating the legislative framework in a timely manner is possible only through an effectively working system.
About fundamental activities
The principles of systematization of law are the foundation and engine of lawmaking. Of fundamental importance in modern jurisprudence are:
- plans, that is, clear stages of activity;
- completeness of the information under consideration - the entire volume of the legal and legislative framework;
- the expediency and necessity of organizing acts, as well as specific goals;
- Efficiency and dynamism of the created system play far from the last role;
- continuity of updating - a new legal act should not shake the system of existing elements;
- profitability and availability;
- scientific nature and the possibility of using modern legal tools.
Types of systematization of law. Implementation Basics
The effectiveness and observance of the above principles largely depends on the types of systematization of law. So, in scientific theory there are the following subspecies:
- incorporation;
- codification.
These species closely interact with the methods and forms of bringing into the system, which should be discussed in more detail.
Three forms - three basic whales
Forms of systematization of law include the following basic elements, having studied which, you can easily choose the right option for your company:
- Accounting is the easiest way to do business. You can keep a card file or magazines of incoming and outgoing normative legal acts. However, under the influence of the process, it is still much more rational to introduce automated accounting.
- Systematization of regulatory legal acts on electronic media. Help systems provide this opportunity, among which the Internet giants are Garant and Consultant +.
- Consolidation is a complex system of regulatory acts of various levels, united in a single theme.
About incorporation
The ways to systematize law are not limited to accounting alone, electronic media or consolidation.
Incorporation is a record of this kind, in which the content of the acts is not subject to change, their full independence is maintained. In fact, there is only a process of their formal connection in order to facilitate the search for the necessary information.
Incorporation involves working only with the external shell, for example, sorting by topic, date of adoption or changes made, and so on. An exception can only be the fact of removing obsolete articles and norms.
Most often, incorporation can be formal and informal, substantive or chronological.
About codification
With this method of systematizing law, an external and internal elaboration of a normative legal act takes place. With a comprehensive analysis of administrative legislation, as well as the process of implementing liability standards, the legislator came to the conclusion that it is necessary to create an agro-industrial complex - the Administrative Procedure Code.
The significance of codification is the successful unification of disparate norms. Considering that the branch of administrative law represents a “dark forest” for many, the Arbitration Procedure Code of the Russian Federation is a gift for the judicial system in Russia.
About types and features
Despite the simplicity of the activity of combining norms into a logically compiled set of laws, there are several types of codification.
- Universal. The final regulatory act includes an unlimited number of articles that permeate most areas of society. The most prominent representatives of this method of systematizing law are the Code of Laws of the Russian Empire, the Article Military, and so on. Fixing the most general rules of conduct helps to define the framework of what is permitted both in the state and in the company.
- Industry. The unification of legal norms within the framework of several institutions of the same type is the task of industry codification. Moreover, the creation of an appropriate form of a regulatory act is mandatory. This method is the most popular in the system of state law-making, since it is the creation of the code that makes it possible to bring together the totality of social relations in a vast sphere.
- Special. This type of codification is aimed at creating closely interacting norms and articles of a narrow legal institution. A striking example is the Forest Code - a narrow branch of civil law.
Thus, for each level of organization of work, only the specific, most suitable way of systematizing law is acceptable.