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the Conclusion

the Legislative technics influences not only the right form; but also on its maintenance, serves as the major - factor of internal development; standard legal acts ³ and findings by them officially-recognised, ³ properties.

Its value increases in modern conditions prompt

normotvorchestva in subjects of the Russian Federation ^

maintenance Research; ponjatsh «legislative ^ technics» and, consideration of a parity of the given concept with such relatives under the maintenance concept, as «the legal; the technician», has allowed to open the basic characteristics of tehniko-legal quality of laws; subjects of the Russian Federation.

the widest under the maintenance is «the legal technics» which is understood; as system of means; and ways; used at

creation (preparation and registration) laws and the subordinate legislation.

at the same time; in; it is noticed dissertations, that among scientists there is no unity at data definition; Concepts. At various times scientists offered set of definitions of legal technics. Thus it is possible to notice, that throughout the long historical period (since the end of XIX century and till now) the concept of legal technics steadily extended. If originally the maintenance of legal technics means and ways of creation of laws and the subordinate legislation, constituted many: the Soviet and modern scientists have added the given concept with means; and ways of creation pravoprimenitelnyh, interpretatsionnyh and pravorealizatsionnyh certificates. The toolkit of legal technics extends. The concept * the legislative technics, on the contrary, is invariably considered

by the majority of scientists as system of means and ways of creation of laws that testifies to stability of the given concept.

the legal technics acts as patrimonial concept in relation to the legislative technics. Thus all requirements of legal technics concern and the legislative technics. Object of legislative technics with reference to the legislation of subjects Russian; Federations is; the text of the act of subject Rossijskoju of Federation, in the relation; which the legislator makes intellectual efforts;

it is obvious; that çàêîíîäàòåëüñòâî* ñóáúåêòîâ* Russian; Federations is: the major component of system of the Russian legislation; to All subjects Russian ³ Federations the Constitution of the Russian Federation; imperious powers are conferred: on acceptance? Laws. The main thing constitutional; the requirement: çàêëþ÷àåòñÿ* in, that all laws, other standard legal acts accepted in the Russian Federation; Constitutions of the Russian Federation did not contradict.

in ³ the turn standard legal acts, subjects Ðîññèéñêîé* of Federation should not contradict laws of the Russian Federation;; to the law of the subject Russian; The priority before íîðìàòèâíûìè* legal acts of bodies is given to federation: the executive: âëàñòè* the Russian Federation; íîðìàòèâíûå* legal àêòû* enforcement authorities: subjects; Russian: Federations not äîëæíû* to contradict decrees of the President Russian ' to Federation or the governmental orders of the Russian Federation.

unity of the legislative; systems Rossii* consists in a coordination; and hierarchical; federal and subjects of the Russian Federation, therefore at normotvorchestve application of rules of legislative technics in uniform formats, coordination of laws on spirit, the purposes and terms of reference is required to dependence of the legislation.

the author of dissertation makes definition of legislative technics with reference to lawmaking of subjects of the Russian Federation: it is system of means and ways of the most rational drawing up and a correct statement; legal institutions, norms and articles in acts of subjects Russian; Federations in; The purposes most; their perfect forms: expressions and in conformity: with the constitutional differentiation; the competence between the Russian Federation and its subjects.

the carried out analysis of legislative practice of subjects of the Russian Federation has shown, that is standard - legal fastening of requirements; the legislative; technicians; goes in subjects of the Russian Federation more intensively; rather than at federal level (if on the federal: requirement level: the legislative; technicians

are regulated basically; in subordinate legislation standard legal acts in many subjects of the Russian Federation of the requirement of legislative technics are settled, first of all, in, special laws on standard legal acts and law-making).

the conclusion that the law of the subject of the Russian Federation as íîðìàòèâíûé* the legal act accepted according to ðàçãðàíè÷åíèåì* of subjects is drawn; conducting with: Ðîññèéñêîé" Ôåäåðàöèåé" and established; Procedure, possesses the higher validity in system of standard legal acts; the corresponding subject of the Russian Federation; and an originality of the is standard-legal form,

the consisting: as a rubrication and an arrangement of requisites, a name and preamble formulation, an order of use of appendices.

considering, that by the law of the subject of the Russian Federation general rules of behaviour should be established and be regulated steady public relations, in constituent standard legal acts (the Constitution, Having got tired, etc.) Subjects of the Russian Federation

it is necessary to define a circle of questions for which settlement acceptance of the standard legal act in the form of the law of the subject of the Russian Federation as standard fastening at level of the law of the Russian Federation of these questions is necessary; no.

at level: subjects Russian; differentiation between the standard and not standard legal is necessary to fix Federations is standard: certificates: under the maintenance and internal = to structure; on a way of regulation by them of public relations and on character of action. It will raise level of culture of legislative activity and will lead to stability of the legislation: subjects of the Russian Federation.

spent: the analysis ñîâðåìåííîãî* conditions çàêîíîòâîð÷åñêîé* the practice which have developed: in subjects of the Russian Federation, has allowed to draw a conclusion on increase of a role of laws: subjects of the Russian Federation as right forms, that, century The first = turn, it was expressed in increase in relative density of laws in system of standard legal acts of subjects of the Russian Federation.

the rules of legislative technics providing tehnikojuridicheskoe quality of laws ñóáúåêòîâ:ðîññèéñêîé: Federations; are closely interconnected with each other. Non-observance of language rules of legislative technics: attracts ambiguity of close interpretation; i.e. logically true and at the same time semanticheski mutually exclusive interpretations of the same norm. Infringement of logic rules attracts inadequacy of interpretation. In turn, infringement of gnoseological rules attracts basic impossibility; interpretation and norm applications in conformity: with the conventional purposes and right problems for neistinnost to the information containing in norm in a root contradicts the essence of legal regulation.

the author of the dissertation believes, - that under tehniko-legal; quality of laws of subjects; The Russian Federation should understand steady set of legal properties; the form of the given standard legal act characterising degree of their conformity to rules and receptions of the legislative technics.

in dissertational research; the basic preconditions are revealed; influencing tehniko-legal quality of laws of subjects of the Russian Federation: 1) the standard maintenance of legal acts of subjects of the Russian Federation should be under construction on the basis of position about leadership federal êîíñòèòóöèè* and the federal legislation; 2) at? Working out and designing; laws; subjects Russian ³ it is expedient to Federation to consider experience of others ñóáúåêòîâ* Russian; Federations on purpose; reductions of cases, not caused by specificity of this or that subject of the Russian Federation of distinctions in the legal; regulation of public relations.

the condition analysis; çàêîíîäàòåëüñòâà* subjects; Ðîññèéñêîé* Federations has shown, that is observed, the tendency to increase; level of tehniko-legal quality of laws of subjects of the Russian Federation; for the last; decade; ÷òî* it is expressed as in decrease; frequencies, cases; recognitions of laws; not valid or âíåñåíèÿ* measures of public prosecutor's reaction to discrepancy of the maintenance of laws of subjects of the Russian Federation to the current legislation, and â* correct, application; the ways considered in the dissertation; and means of legislative technics.

perfection of tehniko-legal quality of laws of subjects of the Russian Federation; probably in two basic directions:

1) legislative fastening of ways and means of legislative technics in standard legal acts, that is giving by it? Such property, as formal definiteness;

2) increase of tehniko-legal quality of laws at the expense of carrying out the legal? And linguistic examination, including about conformity to rules of legislative technics.

Tehniko-legal? Quality 1 laws of subjects of the Russian Federation should be provided with the competent: use of corresponding tools of legislative technics - ways and means.

with a view of revealing? Roles of ways? And means in maintenance; tehniko-legal quality çàêîíîâ* subjects - the Russian Federation, in dissertational research practice of use by subjects of the Russian Federation is considered; next ways? And means of legislative technics: a legal language, legal designs, legal presumptions, legal fiktsy, legal symbols, ways of structurization, ways of a logic statement, ways of a language statement, ways of construction of a legal material; use of various legal regimes; ways of communication between standard legal acts.

the Author of dissertation did not put before itself; the purpose in the exhaustive image? To investigate all the ways long and? Means of legislative technics. It was supposed to give only classification of the most used by subjects: the Russian Federation; means and ways of the legislative; technicians and their general characteristic.

ways and means of legislative technics are used with a view of fixing of legal instructions in the documentary form and as a matter of fact act as technical tools of legislative technics.

the author of dissertation believes, that it is necessary to understand set of adaptations as means of legislative technics (legal

terminology, legal designs, legal presumptions, legal fiction, legal symbols), with which help is provided tehniko-legal (including substantial, structural and stylistic) quality of laws of subjects of the Russian Federation.

«> Use of legal terms in acts

subektovt to the Russian Federation ^ at least should * meet following requirements: clearness; unambiguity; stability; unity of terminology; obshchepriznannost.

Pravotvorchesky: bodies of subjects of the Russian Federation should adopt that experience which is saved up in the field of a formulation! Legal definitions at federal level, it is offered by jurisprudence. It will provide unity of legal regulation, liquidates * inconsistency and different interpretations of a standard material.

use of legal designs facilitates a formulation of legal rules, gives to a standard regulation of public relations; clearness and definiteness. The major problem at creation of legal rules consists in picking up such designs which corresponded; E to the maintenance of a standard material, would allow to provide with peak efficiency the problems put by the legislator.

legislators should be approached with the big care to creation of legal designs, not forgetting ^ that working out of many of them concerns the exclusive: the competence of the Russian Federation or to the joint competence with its subjects.

the modern legal fiction serves as means • perfection of legal structure, is special reception

the legislative technics, is applied, when other means of achievement: a definite purpose are settled or will be ineffective.

position designed by fiction or the relation can serve as a starting point for legal relation occurrence.

in many cases the fiction is applied for the purpose of convenience, simplification of legal designs. The fiction, thus, finds frequent enough application in the federal legislation, is more rare in laws of subjects of the Russian Federation that is represented quite justified.

it is possible to notice, that all means of legislative technics considered in the dissertation find the application in acts of subjects of the Russian Federation. In bolshej degrees are used terminology and a design, in smaller - fiction, prezumtsii and symbols.

under ways of legislative technics (structurization, a logic statement, a language statement, construction of a legal material on degree obobshchyonnosti, use of various legal regimes, communications between standard legal acts) according to the author of dissertation, 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 maintenance of their tehniko-legal quality.

Acts of subjects of the Russian Federation possess a certain originality of the structure, the subject of regulation of subjects of the Russian Federation caused by features according to distribution of powers between them and the Russian Federation.

ways of a language statement of the law are one of the major elements of legislative technics as the correct language statement predetermines clearness, simplicity, clearness and availability to understanding of the law.

ways of a logic statement of the text of the act are expressed in application of organic laws of formal logic by preparation and acceptance of bills.

the choice of this or that way of construction of a legal material depends on many circumstances (a subject of regulation of the law, «branch features etc.) . Therefore the problem of the legislator

consists in that by a reasonable combination of the named ways at law preparation to provide as much as possible effective regulation and protection of public relations.

use of various legal regimes is one of ways 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.

wrong construction of sendings and use of other ways of communication considered in the given paragraph between standard legal acts leads to inconsistency of the designed certificate with the current legislation, legal regulation becomes debalanced and inconsistent.

the author of dissertation gives the following characteristic of ways of communication

*

between the standard legal acts applied in lawmaking of subjects of the Russian Federation:

- application of wide system of communications (all are used practically known to a modern science and practice ways of communication);

- presence of the branched out system of sendings;

- minimum quantity application blanketnyh norms.

* in dissertational research negative aspects in application of ways of legislative technics by subjects of the Russian Federation are marked following

:

1) the rule of an optimum choice of a kind of the standard legal act and its name is not always maintained;

2) any structurization of the text;

3) a wrong formulation of rules of law;

4) erroneous sendings.

•> means and ways; çàêîíîäàòåëüíîé* the technicians used: at

creation of acts of subjects: Russian; Federations, are directed! On adequate expression of the maintenance: rules of law; in the certificate of the corresponding legal form.

such obrazoM; it is obvious, that observance òðåáîâàíèé*

legislative; technicians, â* that number correct application of such tools; as ways and means, ÿâëÿåòñÿ:âàæíåéøèì ôàêòîðîì* improvement of quality of laws of subjects of the Russian Federation.

* ' Besides, for more successful legislative; activity: in

the subject of the Russian Federation important standard fastening of structurization; the law text, that is receptions * developments of a composition of the certificate, an establishment of its components etc. For these purposes also are accepted in; a number of subjects of the Russian Federation the laws regulating acceptance of standard legal acts.

in dissertational research it is supported stated in; the legal! To a science the offer on Federal act acceptance «On standard legal acts in the Russian Federation». It is represented, that such law is necessary, and it should define such terms, as «the standard legal act», «zakong the subject of the Russian Federation», kinds of standard legal acts, which can publish various public authorities (in that; number legislative * (representative) bodies of subjects of the Russian Federation), them

a validity and a parity among themselves, the basic requirements to the legislative technics.

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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

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