Modern life is so complex and unpredictable that requires individuals not only basic household skills, high professional skills, but also legal literacy so that he was able on occasion to protect their rights and interests.Moreover, concepts such as legal techniques, regulations, legal activities related, in addition to the law, with clerical and, therefore, may be needed to any ordinary citizen.
What is the legal technique
This term is commonly understood as the entire set of tools and techniques that are used according to the existing regulations, the development and systematization of legislation (legal and regulatory) to make them more sophisticated, precise operational.The legal machinery has several varieties, in particular, the most important of these is the legislative or law-making.It is recognized as normalized, iecodification.
What are the rules and techniques of legal technique depends, by and large, from a certain organization of legal material from its presentation, the shape of the outer flow, from the expression of the legal framework.After all, in jurisprudence there is a perception that it is the right structure should recognize the fundamental principle that determines the composition and nature of the head means and methods that are used in the legal technology.But this connection is, of course, indirect.After all, first of all, the legal machinery is what determines the external form of law, regulatory legal acts.And it manifests itself at the level of the content of the special legal act, as well as on the verbal level - in the documentary presentation expressed in it will.
Content term legal technique consists of items such as:
- technical means for them meant this or that legal construction, the terms;
- technical methods - they include the ways in which sets out the rules more - the system of references.
Always remember that legal technique is characterized by versatility, multidimensionality.It manifests itself exists in three main forms:
- complex is not the material means and techniques, and technical;
- utilization rates.This is a different instructions, recommendations, related to the preparation of the bill, its design and implementation in the existing legal system.And then the perfection of legal acts will directly depend on how well they are executed and implemented in practice;
- external materialization through the improvement of regulations as a legal form.Once the legal document will embody the methods and means of legal technique, they go into the properties of this legal system.And at what level in the country will use the legal technique depends on the technical means, legal methods that are present in the legislation.
system of rules of legal technique
rules of legal technique - these are all connected to each other, some techniques (specific legal vocabulary and terminology specific legal structure, types and methods of construction, registration of legal regulations), which are used for writing, designlegal documents.According to the rules determined by the content of acts and their structure.
for the content of all without exception are binding legal documents such rules:
- logic and consistency in the filing and presentation of the material;
- absence of any inconsistencies and contradictions within the body of the document;
- compact, concise, clear presentation of the material regulatory document;
- accurate, unambiguous, and the wording of the terms used in the instrument, do not allow vague, multi-valued interpretation;
- various provisions within the rules of legal instrument should be clearly demarcated;
- applied technical methods of law-making should be based on the basis of uniformity and consistency.
addition to the general rules of legal technique are divided into linguistic, logical rules and regulations epistemological.Each group has a number of nuances and peculiarities, but meets the common goal - improving the legal system.
