Legal technique and its features

Modern life is so complex and unpredictable that it requires a person not only basic household skills, high professional knowledge, but also legal literacy so that he can protect his rights and interests on occasion. Moreover, such concepts as legal technology, normative acts, legal activity are connected, in addition to jurisprudence, with office work, which means that any ordinary citizen may need it.

What is a legal technique

This term is understood to mean all the many tools and techniques that are used respectively with existing rules in the development and systematization of acts (legal and regulatory) to make them more perfect, accurate, efficient. The legal technique has several varieties, in particular, the main one is legislative or law-making. It is recognized as normalized, i.e. codification.

What are the rules and techniques of legal technology depends, by and large, on the particular organization of the legal material, on its presentation, on the form of its external filing, on the expression of the legal structure. Indeed, in the legal sciences there is an opinion that it is the structure of law that should be recognized as the fundamental principle that determines the composition and essence of the means and techniques that are used in legal technology. But this connection, of course, is mediated. After all, first of all, the legal technique is what determines the external form of law, regulatory legal acts. And it manifests itself at the level of the content of a special legal act, as well as at the verbal level - in the documentary statement of the will expressed in it.

The content of the term legal technology consists of elements such as:

  • technical means, they mean one or another legal construction, terms;
  • technical methods - they can be attributed to the ways in which the norms are set forth, and also referral systems.

You should always remember that legal technology is characterized by versatility, multidimensionality. It manifests itself and exists in three main forms:

  • a complex of not material means and techniques, but technical ones;
  • norms of use. These are various instructions, recommendations related to the preparation of the bill, its execution and implementation in the current legal system. And the perfection of legal acts then will directly depend on how accurately they are executed and applied in practice;
  • external materialization through the improvement of regulatory acts as legal forms. As soon as a legal act embodies the techniques and means of legal technology, they are included in the properties of this legislative system. And the level at which legal equipment will be used in the country depends on the technical means, legislative techniques that are present in legal acts.

Legal Technique Rules System

The rules of legal technology are all those related techniques (specific legal vocabulary and terminology, certain legal constructions, types and methods of construction, execution of legal normative acts) that are used in writing and execution of legal documents. According to these rules, the content of acts and their structure are determined.

For the content side of all legal documents without exception, the following rules are mandatory:

  • consistency and consistency in the presentation and presentation of the material;
  • the absence of any inconsistencies and contradictions within the body of the document;
  • compact, concise, clear presentation of the material of the regulatory document;
  • accurate, unambiguous, wording and terms used in a legal document, not allowing a vague, ambiguous interpretation;
  • various provisions, norms within a legal document should be clearly delineated;
  • applicable law-making techniques should be based on uniformity and consistency.

In addition to general, the rules of legal technology are divided into linguistic, logical rules and epistemological rules. Each group has a number of its own nuances and features, but meets a common goal - improving the legislative system.

Source: https://habr.com/ru/post/G8300/


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