<<
>>

2.3. The analysis of practice of use of ways of the legislative technics providing tehniko-legal quality of laws of subjects of the Russian Federation

Under ways zakonodatelnoju technicians according to the author of dissertation, shch. : it is necessary to understand the system of actions applied in the course of a writing

and registration of standard legal acts, including laws of subjects of the Russian Federation, with a view of their maintenance tehnikojuridicheskogo qualities.

in the present; the paragraph will be * the next ways of legislative technics used by subjects of the Russian Federation:

- ways of structurization;

- ways of a logic statement; I

- ways of a language statement;

-ways; constructions; a legal material on degree obobshchyonnosti (abstract, casuistic);

- use of various legal regimes;

- ways of communication between standard legal acts.

ways of legislative technics * are various and

*.

are applied in unity in what consists = the essential; Difference from

means of legislative technics, some of which can not be applied in this or that law.

standard; * * is the important way of legislative technics as forms the internal device of the law. In general, the law structure in the legal literature is understood * as the organisation of its maintenance, an expedient arrangement

is standard-legal instructions and other legal attributes [81] . Accurate

- the name of the body, passed the law;

- the law name;

- the enacting clause;

- the is standard-legal maintenance of the law;

- consequences of non-observance of the law;.

- cancellation by the law of other is standard-legal instructions;

- publication of the law and its coming into force;

- the signature of corresponding officials?.

the given position is represented not indisputable for following reasons:

) in the given structure all official requisites of the law (for example, there is no name of the form of the act, registration number, signing date) are reflected not;

instructions on consequences of non-observance of the law, an introduction order; it in force and publications, the list of the cancelled standard legal acts (if it is not issued in the form of the separate certificate) also constitute the standard legal maintenance of the law.

C the account of the resulted arguments it is possible to offer following elements of standard structurization:

1.sistema official requisites of the law:

- the name of the form of the certificate;

- the law name;

-date of an adoption of law a legislature of the subject of the Russian Federation;

- the signature of the authorised official of the subject of the Russian Federation;

- a place and date of signing of the law;

- registration number. [82]

21 Preamble to laws (* a facultative element of structurization). The preamble represents the law prologue in which motives of its acceptance are stated, problems, the purposes, containing as, a rule, positions; not standard; character; As preamble components it is possible to allocate:

¥ - the list of adjustable questions;:

- a target orientation of the law;

- the general motivation of the law, its standard maintenance!.

3. A law rubrication, i.e. division of its text into components in; conformity with logic structure of the law:

- parts;

- sections (at necessity and subsections);

- heads;

*-paragraphs;

- articles;:

- points (with: digital numbering) or parts (without the digital: numberings; each part begins with a new paragraph) articles.

The features of a rubrication have laws on entering; changes: and * additions, laws on introduction in action of other laws (introductory laws), the laws entering new edition of the law.

* 4. Appendices to: to the law (the facultative; an element);. Materials, * in: appendices, carry out, as a rule, an auxiliary role in relation to the basic maintenance of the law. In appendices tables, samples of documents, various lists (persons, bodies, works, etc.) usually are located Lists of the cancelled standard legal acts etc.

the form Instructions in which the standard legal act clothes,

have great value. The correct choice of the form in which the standard legal act clothes [83]

, hardens a legality principle in activity of the state bodies, public organisations and officials.

from the external form, effectiveness, and a validity of instructions depends; a place of each of ? them in; standard to system in the whole; in * t a parity; with other standard; the legal? Certificates,

the regulating; f sphere of relations, influence; the new standard legal act on already existing.

to what kind of standard legal acts the new standard legal will concern; the certificate and what;, hence, there will be its validity - exclusively important with; the practical point of view; a question; from the answer on; Which; depends, in; particulars, its proper correlation with already operating; the standard; the legal; certificates;. shch: for example, definition of that;. It earlier published

replaces or changes decisions 1 .

In the scientific literature to a choice of the appropriate form standard legal the certificate; the serious is given; attention. So, S.V.polenina calls to; * in the given question not to expand excessively; a croup legislative, regulations of the public: relations. A number of authors specifies on unreasonable a warp in

and # 9830; g

a parity of standard legal acts legislative and the executive authority; towards increase volume; and values the subordinate legislation in comparison with laws?.

C another the parties, not; the law-making lack subjects is got rid such! Russian: Federations, as: melkoteme is, the edition of standard legal acts: on; the insignificant; To problems; that can lead to unjustified plurality: standard [84]

legal acts, and also to * blanks, contradictions in legal regulation.

for example, Laws of Krasnodar territory from 24.02.1998"0 [85] [86]

the state veterinary! Supervision in Krasnodar territory"and"About? immunoprofilaktike infectious diseases! Among the population in Krasnodar territory L

Examples similar * melkotemja are and in the legislation of the Vladimir area: the Law from 01.12.2004 215-03 About a payment of workers of the official bodies financed from the regional budget? And? The law: from 29.12.2004 236-03 About measures: the social? Supports of workers of the state system of social services [87] .

It is represented, that similar: questions could be settled and subordinate legislation: * in the form of decisions! The governor.

it is obvious, that those or other public relations: can * as: the law, and others: * standard legal acts;

it is necessary to agree with the opinion stated in the literature, that the choice of the form of legislative regulation cannot be any. The basic criterion by which should be guided: the legislator at such choice is a value of relations subjected to regulation [88] .

it is final, not all relations should be g a law subject, as exist and other regulators - the subordinate legislation are used also. Therefore artificial exaggeration of a role of the law in law-making of subjects of the Russian Federation finally reduces efficiency of laws of subjects of the Russian Federation. Very correctly, what, how it was already specified in the paragraph the second heads * given researches, regarding 2 articles? 13 charters of the Vladimir area; The circle of questions with a view of which regulation acceptance of laws is necessary is defined.

the name of the body which has accepted the standard? The legal act, is defined? Specificity of law-making? Subjects Russian? Federations. It is obvious, that the state bodies of the subject of the Russian Federation are allocated by the different competence of law-making sphere. In particular laws of the Vladimir area are accepted by the House of Assembly, decisions? Decrees and orders the Governor can be accepted by the House of Assembly and the Governor; Besides, departments, committees, managements and departments of administration of area issue orders, instructions (rule) and instruct (the last are certificates of individual character).

the Name (heading) of the law reflects its maintenance and the basic subject of legal regulation. It? Should? To be exact, accurate and? As much as possible; It is information sated, correctly to reflect a legal regulation subject? With that calculation, that: executors: could? On heading to define the basic maintenance? The law, if necessary quickly to find.

acts with difficult and * long names block up the legislation, complicate their ordering and understanding. For example, the name of the law of the Vladimir area from 01.12.2004 209-03: About measures of social support of veterans of work and the persons who have worked in back during the period from June, 22nd, till May, 9th, 1945: not less than six? Months, excepting the work period on temporary occupied territories of the USSR, or awarded by awards or medals of the USSR for self-denying work in the Great Patriotic War, and also veterans of military service and the veterans of the public service who has received the certificates till December, 31st, 2004 [89] .

law Heading - one of its major formal requisites, playing a paramount role in estimated perception, understanding of the legislative text that defines correct, effective application of the law and a concrete is standard-legal situation. The heading allows to formulate extremely short, laconically the basic legal idea, act subjects, gives preliminary is standard-legal orientation, optimises judgement institutsionalnoj the importance of the most legal status of the act.

at the name of the law of the subject of the Russian Federation it is important to observe a number of requirements of legislative technics.

to them it is possible to carry:

1) the Requirement of communication of the name with the maintenance of the standard legal act. Each standard legal act should have the name which can concern either one subject, or the several subjects closely among themselves connected, and should reflect the maintenance of the standard legal act. The correct name of the standard legal act allows to find out a circle of questions resolved by it at once. The standard legal act can contain the norms concerning various branches of law, but they should be connected the general maintenance.

2) the Name of the standard legal act should be clear and short. If the long name nevertheless cannot be avoided, it is expedient to give short subtitles.

3) the name of the standard legal act should not contain stamps of bureaucratic style and archaisms.

4) it is necessary to avoid use in = and if all of them are used they should be standard and clear.

5) in the name, as well as in the maintenance of the standard legal act, it is necessary to avoid metaphors; hyperboles and allegories.

> 6) the names containing multiple-valued terms,

are inadmissible that complicates their interpretation.

7) everyone: the name word should be allocated with certain semantic loading, "superfluous" words and expressions in the name should not be.

8) it is necessary to avoid the use in the name of words and expressions; Any way and unreasonably expanding a subject of the standard legal act, for example, phrases and others, sh so further,

and to that similar.

Thus; careful editing of headings, elimination of superfluous words, unsuccessful terms and expressions - necessary conditions of high quality of laws of subjects of the Russian Federation.

the preamble is a facultative part of the standard legal act.

the enacting clause contains an explanation of motives and its purposes

Y editions, consolidates all instructions of the standard legal act

uniform idea, the general political and legal basis. Objective, correct motivation of the law; - pledge of its effective carrying out during a life.

in the majority of laws of the Vladimir area the preamble is available, but not always its maintenance corresponds to requirements of legislative technics.

For example, in the enacting clause of the Vladimir area 29-03 from May, 7th, 2001 About a labour safety in Vladimir! Areas 1 a phrase: the Present Law is developed on a basis and in development of the Federal act from July, 17th, 1999 181-FZ About labour safety bases in Russian! Federations , it would be more expedient to arrange not in a preamble, and in article: 2 Legal: labour safety regulation: in the Vladimir area .

In the enacting clause of the Vladimir area! 33-03 from April, 9th 2002 About the status of the deputy of the House of Assembly of the Vladimir area 2 : The present regional Law defines the rights, duties and responsibility of the deputy of the House of Assembly of the Vladimir area, a condition: realisation! Deputy activity, provides the basic legal and social guarantees at performance of deputy powers by it , - the regulation subject that contradicts requirements of legislative technics as a matter of fact is formulated.

similar e in the image: the enacting clause of Krasnodar territory from 24.02 998 About especially protected natural territories of Krasnodar territory is stated ":" The present Law regulates relations in the field of the organisation, * and uses especially: protected natural territories: with a view of preservation: unique and: typical natural complexes and objects vegetative And: the ANIMAL: the world, = noteworthy natural formations; the control over change: their condition, ecological education: the population of Krasnodar territory 3 .

In our opinion, maintenance of the law with a preamble probably only to the discretion of the legislator, as definition of the list of laws, in

1 Vladimir vedomosti. - 2001. 84;-18 May. '

' Vladimir vedomosti. - 2002. on April, 71-72.17th.

3 the Newsletter of the House of Assembly Krasnodar kraja. - Kp., 1998. 26.-S.5.

which necessarily preamble should be not obviously possible, and is inexpedient.

in case of need inclusions? In the text of the bill of a preamble, it should not:

- to formulate a legal regulation subject;

t - to contain independent standard instructions;

- to contain legal definitions;

- to be numbered and share on articles;:

- to contain references to other acts.

together: with that; establishing the purposes and problems which face to the law, - the preamble officially establishes explanatory positions, proclaims them on behalf of the government of the subject Russian: Federations and by that obliges executors to have them in to a kind at pravoprimenenii - Is standard-regulating character

preambles it is shown; that their positions; are - an interpretation criterion; and applications corresponding laws in; the whole; and their separate instructions:

the Special attention of composers of the text of the act should be concentrated to the enacting; Parts as in it the rules constituting the maintenance of the normative act are stated.

enacting; the part shares on articles, parts; and: points. In big on volume standard legal acts of article heads and sections are consolidated in paragraphs.

it is necessary to state standard instructions of an enacting part so that each article (point) whenever possible, contained the finished rule with all its signs. If in one article # (point) it is difficult to specify all necessary signs the part of these

signs can be allocated in the separate paragraph under an indispensable condition - in the paragraph the independent rule which has been not connected with the previous paragraph should not be stated; unity: the internal maintenance:

Articles (points) standard the certificateAnd can be stated or by the generalised formulations covering in a general view all homogeneous facts or the relations, or by transfer of concrete actions, subjects or the phenomena.

bill article is? Its basic structural unit. Article has a serial number designated; in the Arabian figures. Article designation is printed from a capital letter and abzatsnogo a space.

article? Can have, and can and not: to have the name; article Name? It is printed? With: the capital: letters; a semiboldface font * in one line with a designation of number of article, after which? The point, for example is put:

Article 3. Powers of the House of Assembly of area.

If article has no name the point after article number is not put also article designation is printed from a capital letter and abzatsnogo a space by a semiboldface font, for example:

"Article 4".

As a rule, article is subdivided into parts. Article parts are designated by the Arabian figures with a point. Parts, in turn, are subdivided on; the points designated in the Arabian figures with the closing parentheses.

points are subdivided: on the subparagraphs designated lower case? Letters of the Russian alphabet with a closing parentheses; For example:

Article 5. The rights, duties and responsibility of deputies of the House of Assembly of area

1 (a part 1)

2: (a part 2)

1); (point 1 of a part 2)

2).................: (point 2 of a part 2)

).................; (the subparagraph " " point 2 of a part 2)

................. (The subparagraph " " point 2 of a part 2)

Article 5

1................................................. (A part 1)

2:...............................................: (a part 2)

1).................; (punkg 1 parts 2)

2): (point 2 of a part 2)

. ................; (the subparagraph " and? Point 2 of a part 2)

................ (The subparagraph " " point 2 of a part 2) .

In part unusual cases, points / and article subparagraphs can podrazdeljatsja/on paragraphs, but no more than five: Restriction: quantities of possible paragraphs does not extend on statshch containing lists of the basic concepts used in the bill.

division of parts in article or / parts / Bv different articles: one 5 * V bill and on points, and on paragraphs which / in the text of parts

will follow after a colon, it is not supposed.

division of points in parts of article / or in different articles of one bill both on subparagraphs, and on paragraphs, which in the point text? Will follow after a colon, it is not supposed.

the designation of paragraphs at references to them is underlined words, thus the first is that paragraph, with which; begins: Structural V article unit (a part, point, the subparagraph) in which structure it is.

the important problem of structure of an enacting part is the allocation problem in it of general provisions. Certainly, by preparation and acceptance of any standard legal act pravotvorcheskij/the body should / aspire? To, that most the general basic moments of regulation, the norms concerning all: to the parties and to aspects: a case in point and coming under to the account at

application of more concrete norms to place in the certificate beginning, among its first positions.

a formulation of the general: positions provides reasonable compactness, brevity of a statement of a standard material, liquidates unjustified repetitions, and also, that the most important thing, provides interrelation placed in standard * the certificate of instructions among themselves, their logically co-ordinated system arrangement.

Presence; carefully: Developed and successfully formulated: general provisions: promotes symmetry: and logic

sequences of a statement, helps the executor quickly

to define a subject, the purpose and sphere of action of the certificate.

in section "General provisions" it is necessary - to state accurately and clearly a subject * regulations, to formulate - the basic concepts: and principles of legal regulation of public relations.

as a whole, practice of allocation of general provisions: as a part of the enacting: parts of normative acts of subjects: the Russian Federation deserves approval.

one of examples is the Law of Krasnodar territory from 24.02.1998: About the state youth: to the politician in Krasnodar territory [90] .

the Rubrication: the law helps to understand more deeply standard instructions, to define communications - between them, simplifies using the standard: the legal act; allows to be guided quickly; in the standard: a material; does internal construction of the standard legal act harmonous, logically coherent.

for laws of the Vladimir area the one-stage structure (division into chapters) is characteristic. In the presence of headings in the law it is obviously necessary for orientation simplification in it

to formulate headings of corresponding heads, paragraphs, articles. To them, as the same demands should be made to heading of the standard legal act. It is expedient also that all headings of the law in appropriate way were numbered. It facilitates references to separate parts of the law and brings necessary accuracy and uniformity in its structure.

it is necessary to notice, that special position of the law in system of standard legal acts defines that circumstance, that it shares on articles, while other standard legal acts - on points.

in article the main thing in the standard legal act - legal rules, i.e. state-imperious commands, obligatory instructions for execution is formulated. Headings of articles improve law structure, facilitate a finding of the necessary norms, their interpretation and comparison with each other. It is possible to consider absence of headings of articles as a lack of technics of drawing up of the bill.

in legislative activity of subjects of the Russian Federation there are examples of laws in which there are no headings at articles: The law of Krasnodar territory from 27.10.1998"About a payment of reception parents and the privileges given to reception families, in Krasnodar territory 1 , the Law of Krasnodar territory from 27.10.1998"About an order of collection of a payment for the state registration of the rights to real estate and transactions with them and for granting of the information on the registered rights to territories of Krasnodar territory [91] [92] .

the Vivid example of wrong understanding of rules of structurization is construction of following heading of a bill: the Law of the Vladimir area About modification of the appendix to the Law

Vladimir: areas About the program of the state support of development of small business in the Vladimir area . Developers of such bill have not considered, that the appendix is; a law part, in which; changes are made. The heading should be formulated as follows: About entering * in the Law of the Vladimir area About the program....

Instructions on consequences; non-observance; instructions of the standard legal act and on; a responsibility order seldom meet in laws of the Vladimir - area. More often such instructions? To contain in standard legal acts of federal level; It is connected by that a number: branches of law; providing legal responsibility, is within the exclusive competence of Russian I Federation.

in laws of subjects; sanctions for infringement of their instructions more often are not specified to the Russian Federation, and sending to other standard legal acts providing * responsibility becomes. For example, article from 02.04.1999" About library business in Krasnodar territory specifies 27 Laws of Krasnodar territory: Officials and citizens * infringement of the present Law bear responsibility according to the current legislation L

Separate laws of the Vladimir area are specially devoted questions of legal responsibility; For example, the Law 11-03 from February, 14th; 2003 About administrative violations in the Vladimir area [93] [94] .

it is important, that the sanctions used in the legislation of subjects of the Russian Federation, did not contradict the sanctions established in standard legal acts of federal level, did not break the conventional human rights and the citizen.

the instructions on cancellation of other standard legal acts are a facultative part of the standard legal act. Under the general rule, any new; standard legal the certificate accepted corresponding competent * cancels, if other is not provided, all others; Operating standard legal acts of the same (or subordinate) body; which contradict its instructions. However in some cases this rule requires detailed detailed elaboration. Before to consider, the work finished, composers of the project * the legal act should; to find out, what standard legal acts will be cancelled, if data; the project will be accepted.

work on search of standard legal acts; coming under to cancellation, demands certain time, especially when such standard legal acts, are published during the various periods and in a considerable quantity. Therefore composers of projects standard legal acts often resort to the general; to the formulation: Standard legal acts earlier accepted on a given question to consider become invalid .

it is final, whenever possible it is necessary to avoid such general words as the given problem becomes complicated distinctions of the standard; legal acts; on * to force and differentiation of subjects; conducting between the Russian Federation and its subjects. It is natural, that the subordinate legislation standard legal act cannot cancel earlier passed laws. It is especially impossible the law of the subject of the Russian Federation, concerning terms of reference of the Russian Federation or subjects of joint conducting, to cancel the federal standard legal act.

laws on modification of acts, and also the laws containing lists of acts, recognised become invalid, have special structure.

in them it is underlined;

1) the name;

2) year of the edition - and date of release - of the printing edition which has officially published the legislative; The certificate in which it is offered! To make changes and equally to recognise as become invalid;:

3) date official * by which changes were made to the given law!.

besides, such bills have no names of articles; articles share on the points numbered * in figures with the closing parentheses, or on the paragraphs which do not have designations. * articles can * on the subparagraphs designated lower case; letters of the Russian alphabet with a closing parentheses.

the Signature corresponding * the person or persons * to finish structure of acts = * * Federations; than gives them official character.

the order of signing and a circle of persons, authorised to sign the act, is defined by the form of the certificate. In; Particulars, according to article 4 of the Law of the Vladimir area 129-03 from I December 2001* About the Governor (head of administration) and administration of the Vladimir area [95] a duty of signing of regional laws are assigned to the Governor of area;

In some cases * parts of acts are also references, notes and appendices.

a number of authors supports obligatory inclusion of the appendix in: act structure that will allow more full and

effectively to settle the questions containing in the text of the bill.

appendices are widely enough used in the legislation of the Vladimir area.

it is necessary to recognise, what not: all: authors share opinion about ts. Necessities of special supplements to standard legal

to the certificate. In: particulars, JU; A.Tikhomirov; marks: In the legislative: to practice of some subjects of the Russian Federation... Began to appear: appendices; to the law. A validity of such appendices - another, therefore them it is frequent * change decisions: governors. - hardly the law requires? In: texts double sorts, it is enough * of it: to sate - tehnikoekonomicheskimi and other special provisions * 1 .

Ways of a language statement of the law are - one: from > the major elements; the legislative: technicians, as

a correct language statement: predetermines clearness, simplicity, clearness and availability to understanding of the law;

D.A.Kerimov - noticed, that is difficult to overestimate value of style and law language, since Hardly it is possible to name any other - area of public practice where is illogical constructed phrase, rupture between thought Ht its textual - expression, it is incorrect - or it is inappropriate; * the used word are capable to entail heavy, sometimes even:

tragical consequences, as in the field of lawmaking [96] [97] .

Engaged; research of a language statement; laws; N.A.Vlasenko, notices, that a language basis of the legislative text constitutes such lexical units, as standard offers, set phrases (legal phraseological units), words, including abbreviations!. G the given point of view it is necessary to agree.

at a statement the law text it is necessary to submit to rules? Grammar of Russian (spelling, punctuation; syntactic).

spelling Rules contain data on spelling of words.

Rules * establish system of punctuation marks and help chlenit the text on offers; to establish communications between words in the offer.

syntactic: rules help correctly * offers, to choose most: expressive kinds of word-combinations and offers which more approach for necessary in: 5 situations! Style? Speeches. At * it is necessary to consider, that the grammatical: rules: * statements of" the law text are not * legislative

technicians as in the given situation they have no specificity.

thus, it is possible; to make following definition of a way * statements: - :; from receptions of legislative technics; the expressed; in * certain requirements to the use of the lexical: Russian means in the text of the law with * achievements; *, clearness, * and availability to understanding.

the Standard offer is the basic language: a law text unit, * from words, set phrases and the subordinate to internal laws of the organisation [98] [99] .

N.A.Vlasenko allocates the following * to the use of standard offers:

-adequacy of the grammatical form. As a rule, it is establishing, affirmative and narrative, but in any way questions;:

- absence of an overload of simple sentences homogeneous parts; which, being built in long chains, complicate

perception of thought of the legislator;

- inadmissibility of use uncharacteristic to the nature of rules of law of copulatives and ";" But "," yes "," not "," though , etc.;

- the neutral (depersonalized) character of offers; not adapted for a concrete situation [100] .

it is unconditional; the list of requirements? To the use of the standard? Offers 5 not? Is? Closed also demands the further studying. So, for example. The use of the big number # '* conditions in the offer is undesirable? (An establishment of relations: if... ),

as the more conditions; the it is more difficult to understand the text.

First, all sentence parts? Should be adjusted among themselves according to the language? Norms. Special attention: it is necessary to give to case forms, conjugation of verbs, the correct use of office parts of speech? (So-called " trivial ") - Pretexts; the unions, sheaves, particles, modal words.

Secondly, designs? Offers should not be unduly difficult; it is artificial the simplified. Opinion, what? " it is not necessary to overload unfairly normative acts difficult grammeticheskimi designs, in particular ^ involved and verbal adverb turns, compound sentences, especially if one subordinate clauses join in others,

forming some circles grammatical submission! ' [101] , certainly, fairly. But thus; it is necessary to remember that the rule of law can be expressed quite often by means of compound sentences with conditional subordinate clauses - such form frequently happens the unique logic from the point of view. At the same time unduly difficult syntactic designs frequently complicate norm interpretation.

Thirdly, the big role the punctuation used plays! In the offer. The legislator should aspire; to relative simplicity of a punctuation, but at the same time; at creation of the text of the standard legal act it should - to be used; All - an arsenal of punctuation marks of the modern language, depending on requirements of expression of concrete norm, except for, certainly, interrogative and exclamation marks, and also dots;

Fourthly, if there is a necessity to invest norm in a difficult syntactic design (for example, a compound sentence with several additional) 1 it is expedient - in preparation process; the standard legal act to state in the beginning thought in a kind of several simple sentences, and then to connect them together in compliance with requirements of language and the purposes of the legislator.

the major text unit (including legislative) is the word. The word possesses various semantic properties; which were long since used as receptions of legislative technics. As the most used properties of words it is possible to allocate the such; as polisemija (polysemy), antonimija, sinonimija.

Besides, there are various; lexicon kinds: archaic, speaking another language, professional, colloquial, slangy which should be used extremely cautiously in texts of laws.

during Soviet time? The wide circulation has received use in legislative texts of abbreviations, i.e. reductions from the first letters of the words which are a part of word-combinations., the use of abbreviations in? The law it is necessary to recognise faster * rather than a rule as their excessive use negatively influences quality of the law.

* a statement? The law text it is necessary to consider features of style * the legislative? Certificates which will be essentially; to differ, for example, from * works of art or publicistic works.

D.A., * allocates following lines * * the certificate::

- direktivnost, expressed; * its obligatory, imperious, strong-willed formulations;

-ofitsialnost, expressed; that the law fixes sovereign will of the state; and also in; volume, that; * is accepted? The higher? * body, subscribes the official official, it is published in official publications;
-restraint excluding pafosnost, splendour, solemnity 5.

* the list certainly is; the opened. Besides, laws, as a rule, have considerable branch features that postpones a print for their style.

It would be desirable to result D.A.Kerimova's statement, many years engaged in studying of a problem of style and law language: ... Brightness, expressiveness, beauty and grace of the law - in logicality and sequence, profitability and rationality. [102]

motivation and formal definiteness, in unambiguity, accuracy and clearness of a statement of sense of legal instructions 1 .

Many authors in the works allocate such element of legislative technics, as ways of a logic statement of texts of laws (the logic requirement, logic rules etc.) .

But, as: a rule, they are limited only to instructions on

necessity of observance of requirements of"logicality",

sequences "," unambiguity at a statement; rules of law. Many researchers thus forget, that exist developed still: thinkers; antiquities; and checked up: time laws s the formal logic, observance; which by preparation: the bill just also will provide logicality "," sequence "and" unambiguity rules of law.

Shch - E.A.Ivanov? Gives following characteristics to organic laws:

the logicians which account is certainly necessary at law creation:

the identity Law. The given law expresses such property of thinking how definiteness and historically ^ was? Generalisation of practice of operating by concepts and; putting them into words or word-combinations. Accordingly in the legislative technics it operates first of all in sphere of CONCEPTS ' and is shown both in the course of their formation, and in the course of use of already ready concepts. As is known, any concept can be formed correctly and incorrectly. If in the same concept diverse elements it appears indistinct, vague, uncertain are consolidated, and the validity in it is deformed. If the concept covers only such phenomena which are uniform, identical in this or that relation, that it will be accurate and clear, will have the certain maintenance and

certain volume. [103]

the contradiction Law. The contradiction law! Expresses such lines of thinking, as: sequence and consistency. Its essence consists that two opposite or contradicting judgements - (instruction) about one: and the same subject which is taken in one and the same relation, cannot be simultaneously; The true. One of them necessarily the false. The Account of the given law allows to avoid occurrence of contradictions in the legislation.

the good cause law. The law reflects such line of thinking as validity, i.e. any judgement (instruction) cannot be. It is recognised by true without good cause. Thus the sufficient; : the bases, from which given judgement: follows with logic necessity. In spite of the fact that the given law: speaks nothing about what it is concrete the bases for the given conclusion are sufficient, it disciplines the legislator, directing it on search of the bases; on maintenance of validity of legislative instructions [104] .

It is possible to formulate following definition of ways of a logic statement is one of receptions of the legislative technics, expressed in application of organic laws of formal logic by preparation and acceptance of bills.

Thus, it is not necessary to identify, laws of the formal: logicians with ways of a logic statement of the text: the law. The last carry out an auxiliary role, establishing; requirements> rules of application of laws of logic at a statement of the text of the bill.

one of elements of legislative technics with which help the law text is developed are ways of construction of the legal material, differing depending on degree obobshchyonnosti on abstract and kazualnyj.

the First way of construction - abstract - is characterised by application? Forces of abstraction? To? A legal matter; in? Result of that the standard legal act gets generalising character.

the core? Advantage of the such? A way of construction, a legal material consists in.tom, that it gives to the standard legal act long-term character and allows to apply it to a wide range of public relations; However not always abstract * the norm can be applied to * to public relations. G it? Its lack is connected.

the second way of construction? A legal material - kazualnyj. The given way provides instructions on especial cases which form the basis for realisation of standard legal acts.

the choice of this or that way of construction of a legal material depends on many circumstances (a regulation subject = the law, branch features etc.) . Therefore a problem of the legislator? Consists in, that by a reasonable combination? The named ways at? To preparation; * to provide as much as possible effective regulation and protection of public relations.

use of various legal regimes? At construction of texts - of laws? Is next - way - of legislative technics.

the term legal: the mode designates specificity legal * public relations; which: it is reached? * combinations of various types and ways of legal regulation;

Exists two basic types of legal regulation;

- obshchedozvolitelnyj which is expressed by the formula everything is permitted, except directly forbidden in the law. According to the given rule strictly outlined and accurately formulated interdictions are established; volume of permissions, as; a rule, it is not defined - all; that is not forbidden. The Given type is characteristic * the civil legislation;

- allowing which) it is expressed! The formula: Everything is forbidden, except directly resolved . In the law: it is established strictly * * competences;: all: the leaving: for limits of the permitted! Is; the forbidden. * type; it is inherent, for example; to the administrative legislation.

on character of instructions;, fixed in; to norm: the rights; in the legal: to the literature allocate three ways; the legal? Regulations:

- the permission; i.e. granting to the participant of legal relations; rights;:

- objazyvanie, i.e. duty putting on: to make, any action;

- the interdiction, i.e. duty putting on to refrain? From any actions.

Use: this or that legal regime allows to involve all the ways long and legal regulation types, but in their various combination: at the dominating: roles of one and auxiliary - others.

Thus, use various legal * is one of receptions of the legislative technics, expressed in a combination of various types and ways of legal regulation for the purpose of achievement of specificity of regulation of various public relations.

rather important element of legislative technics are ways of communications between standard legal acts and separate rules of law which allow to avoid repetitions, duplications and gluts of a legal material.

in the legal literature allocate following kinds of communications:

- sendings;

- blanketnye instructions;

- instructions to accept any standard legal act or to carry out legal regulation of the defined? Areas of public relations;

- instructions on higher or equal act on a validity in which execution this or that law is passed.

sendings are the most widespread kind of communication? Standard legal acts. It is possible to offer their following classification:

On a validity of standard legal acts to which sending becomes:

sendings to the standard? To legal acts of higher validity;

sendings to standard legal acts of an equal validity;

sendings to standard legal acts of lower validity.

on concrete definition degree:

sendings to the legislation as a whole;

sendings to the separate standard legal act;

sendings to heads or other large parts of the standard legal act;

sendings to separate rules of law.

on sphere of action of standard legal acts to which sending becomes:

sendings to standard legal acts of subjects of the Russian Federation;

sendings to the international standard legal acts and contracts.

the question on is a little investigated in what cases sending use is justified and necessary. So, Century of M; Crude allocates such two cases:

1) when; the standard instruction to which the legislator refers, is in the friend the standard - legal? The certificate which is dropping out? From the general; communications of the standard; legal acts, and the interpreter can be not found out;

2) when the legislator wished to underline importance of standard instructions especially; being outside of the given law, at application of norms of the designed law?.

data? The list should be expanded. At the same time there is a danger of abusings sendings;, what? Quite often, meets in the legislation. An example? Can serve? The sendings specifying about approach by the administrative? Or criminal; responsibility; in? Conformity with the current legislation. The given positions; Bear only information * loading, but in any way reguljativnuju or guarding.

misuse of sendings meets; in the legislation; often enough. So, in one of projects of the Decision of Gubernatoravladimirsky area sending to article 27 of the Land code of RSFSR, which has been made; by then; has been recognised by become invalid.

it is possible to do sendings only? On entered in; force (the entered; in action) acts. Sendings on the become invalid acts and bills are inadmissible.

if necessary to make sending in the bill on * the act following requisites in

, as a rule, are specified to certain sequence: an act kind, its date [105]

signings (month of acceptance is underlined in words), registration number and the act name. Otsylochnaja the norm can sound as follows: ... Are regulated by the Federal act from 1 G November, 2003 N 152-FZ " About hypothecary valuable " .

At; absence of number of the act date of signing and the name are specified its kind,>: legislative the certificate. For example:: in and #9658;

conformity with the Law of RSFSR from July, 8th, 1981 " About judicial organisation " . A kind of the concrete act: it is underlined from a capital letter.

at numerous sendings on the same act at? The first? Its mention it is applied? The following? The form:: In : the Federal act from February, 25th? 1999:N 39-FZ " About investment activity; carried out: in shape and #9830; capital investments! "(Further - federal, the law? " about

the investment activity which is carried out in: to the form capital ") .

at? To sending: on the act which completely has been stated in a new wording, its requisites in the following sequence:: a kind legislative are specified: the certificate and: its name, and in brackets are specified a kind legislative, the certificate; date? Signings? And

" -

: the act, completely stated? The given act in a new wording.

at sending on the code date of signing and registration number of the code are not specified. At sendings on concrete article * the code consisting; from; several parts (chapters), number: parts: the code or the head it is not underlined.,

s Sendings: in laws can be given on acts of the higher

or equal * forces. Sendings on concrete standard legal acts of the lowest validity or their separate structural units, as a rule, not: Are supposed (for example, sending in the Law

the Vladimir area on the concrete Decision of the Governor of the Vladimir area).

In the bill text sendings are inadmissible? On; standard instructions? Other acts which, in turn, are otsylochnymi;.

Wrong construction of sendings leads to inconsistency?

the designed standard legal? The certificate with the current legislation; legal regulation becomes debalanced and inconsistent.

Blanketnye norms, as well as otsylochnye, do not contain in the structure of the full? Statements of those or other instructions; but specify in others legal - establishments which are accepted or; can be accepted.

and # 9830; Difference blanketnyh norms from otsylochnyh consists that if

any otsylochnuju can be formulated norm as defined, having included in it corresponding parts of other rules of law with blanketnoj norm of it to make it is impossible as such parts can not withushchestvovat (for example, instructions for use office transport).

it is frequent enough in laws standard instructions

the representative contain? To bodies to accept or develop that or = other

nenormativny the legal? The certificate or to carry out legal regulation

certain area of public relations. Similar instructions;

can contain also instructions for terms of acceptance of necessary certificates and

their form.

providing the instruction-commission to prepare this or that standard legal act in law development; the legislator should?

and # 9830; to define the cores, starting positions of this standard

the legal act so that the law could operate really from the very beginning = its introductions; in validity, irrespective of execution pravotvorcheskim body of the commission given to its.

the standard legal

<< | >>
A source: KARTUHIN Vyacheslav Jurevich. TECHNICAL AND LEGAL QUALITY OF THE LAWS OF THE SUBJECTS OF THE RUSSIAN FEDERATION. Thesis for the degree of candidate of legal sciences. Moscow - 2005. 2005

More on topic 2.3. The analysis of practice of use of ways of the legislative technics providing tehniko-legal quality of laws of subjects of the Russian Federation:

  1. 2.2. A role of means of legislative technics in technics maintenance - legal quality of laws of subjects of the Russian Federation
  2. 1.2. The basic laws: uses: the legislative technics: in the legal: to practice of subjects Russian: Federations: the analysis of problems of perfection
  3. the Head; II. The characteristic of tehniko-legal quality; laws of subjects of the Russian Federation
  4. 2.1 Tehniko-legal; quality of laws of subjects: Russian; Federations: concept and the basic lines;
  5. KARTUHIN Vyacheslav Jurevich. TEHNIKO-LEGAL QUALITY of LAWS of SUBJECTS of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2005, 2005
  6. Kondratyev Valery Pavlovich. TEORETIKO-LEGAL PROBLEMS of LEGISLATIVE PROCESS In SUBJECTS of the RUSSIAN FEDERATION (rather-legal analysis). The DISSERTATION on competition of a scientific degree of the master of laws. Moscow - 2005, 2005
  7. HOLODILOVL ELENA ALEKSEEVNA. LEGISLATIVE PROCESS In SUBJECTS of the RUSSIAN FEDERATION (the THEORY And PRACTICE PROBLEM). The dissertation on competition of a scientific degree of the master of laws. Ekaterinburg - 2005, 2005
  8. 2.2. Features of legal regulation of legislative procedures of the statement of account obligations of subjects of the Russian Federation
  9. Tolmachyov Vyacheslav Vladimirovich. TEHNIKO-LEGAL MEANS of the ESTABLISHMENT And REALIZATION of INTERDICTIONS In the RUSSIAN RIGHT (THEORY And PRACTICE QUESTIONS). The dissertation on competition of a scientific degree of the master of laws. Saratov - 2014, 2014
  10. Tolmachyov Vyacheslav Vladimirovich. TEHNIKO-LEGAL MEANS of the ESTABLISHMENT And REALIZATION of INTERDICTIONS In the RUSSIAN RIGHT (THEORY And PRACTICE QUESTIONS). The dissertation on competition of a scientific degree of the master of laws. Saratov,
  11. 1. The constitutional model of distribution of the legislative competence between the Russian Federation and subjects of the Russian Federation