the Legislative bias and pravotvorchestvo: negative displays and tehniko-legal methods of their removal

Arguing on problems of a modern Russian system of law, it is necessary to ascertain, that the most private object for criticism, that, alas, quite fairly, becomes pravotvorchestvo. For this purpose there are, first of all, objective preconditions, among which is most obvious begun in the end of last millenium and not finished till now original «pravotvorchesky boom» [520] , which is meant as the extremely intensive (that far is not always reasonable) rates of legislative activity. Here it is necessary to carry such defects marked by scientists, as a randomness in formation of a file of standard legal certificates, non-observance of priorities of legal regulation, acceptance of new laws without their coordination with existing
the legislation and norms of international law [521] , infringement of system communications between laws and subordinate legislations, between laws and standard agreements, absence of unity of terminology and non-observance of other major rules of legal engineering approved by time [522] .

From the resulted list it becomes clear, that consideration of problems pravotvorchestva in a separation from the legislation appearing in its result is inexpedient and basically it is impossible (no less than on the contrary). If to address to theory questions, that, despite some divergences in the treatments, settled and not causing essential divergences it is possible to consider understanding pravotvorchestva as forms of the state activity directed on creation of rules of law, their addition, change or cancellation. Thus in its essence working out and the assertion of new rules of law [523] , which formal embodiment are defining


sources written [524] , a positive law, that is the legislation in its wide concept act.

Differently, communication between concepts "pravotvorchestvo" and "legislation" uproshchenno can be reduced to a parity «process - result». Through a prism of such approach sootnosimymi concepts «efficiency pravotvorchestva» and «efficiency of the legislation» which are in a direct relationship of cause and effect [525] admit. It is possible to agree With it as to speak about qualitative, effective
the legislation in this or that state it is possible only under condition of efficiency pravotvorchestva.

Within the limits of our research special interest is represented by such characteristic of the legislation, as equation. In relation to concept "efficiency" it appears as one of components and simultaneously as the precondition. Also equation of the legislation acts as a conditio sine qua non, obligatory making such characteristic of the legislation, as "quality". The legislation cannot be is recognised by "qualitative", to appear "effective" if at it there is an obvious bias.

What characteristics pravotvorchestva korrespondirujut to the balanced legislation?

Logically as the first condition of the balanced legislation as result pravotvorcheskoj activity its objective determinancy, social necessity acts. JU.A.Tikhomirov of one of the reasons of a considerable quantity "bad", or "weak", laws names practice of acceptance of standard legal certificates disregarding actual public interests [526] . Pravotvorchestvo, despite its inevitable subjectivity as process, should have in the root all the same objective preconditions, otherwise the legislation appearing as its result, becomes not means of ordering of public relations, and the tool of any management and a manipulation.

as the Following major characteristic pravotvorcheskoj the activity "responsible" for balance of inside constantly changed legislation, acts sistemnost. The legislation a priori cannot be balanced if norms, its components, starting chaotically, without method. Namely we also can
ascertain it on an example of modern practice Russian pravotvorchestva. According to L.B.Tiunovoj, «legislative activity is without delay chaotic, is rather than systematic or sistemna: she simultaneously pursues the concrete historical aims and expresses will of concrete subjects pravotvorchestva» [527] .

we Will try to understand, what factors stir to system character pravotvorcheskoj activity.

First, deficiency that and ideas of administration bills. The theme of the standard legal certificate plays the leading part in the organisation of unity, balance of its contents as to its disclosing all other questions are subordinated. It is necessary to understand public relations which it is planned to settle by means of acceptance of the concrete certificate as the given abstraction. The theme designates to the legislator that circle of the phenomena of the social validity which should find legal reflexion in the legislation. The instructions on the subject of contain, as a rule, in the name of the standard legal certificate. Concretise a theme, reveal corresponding "podtemy" names of sections, the heads, separate articles.

the Subject of legal regulation is defined not only a life, but also judgement which is given to it in the act - its idea. Last represents the basic thought expressed in legislative product through which the relation of the legislator to the phenomena of a public life reflected in the right is shown.

it is necessary to distinguish two named categories. If the theme of legislative product is caused by a subject of display and makes the objective party of lawmaking the idea depends on its founder and personifies the subjective party [528] . At the same time it is not necessary to assert categorically, that the idea is something especially subjective.
it does not undertake anywhere, «from air» and also by and large is determined by the developed complex of conditions of the social validity objectively existing at present to time.

will not cause, it appears, the rigid criticism the assertion, that as those new laws under the contents starts very little, the majority is thematically devoted modification and additions in already acting certificates. In the literature such practice is not unreasonably characterised as «latanie holes» [529] . Meanwhile creation original «bank of ideas» administration bills would become the organisation precondition further balanced (first of all and that the most important - under the contents) systems of standard legal certificates.

Secondly, system character pravotvorcheskoj to activity is interfered by insufficient use of such major tools pravotvorchestva, as forecasting and planning. N.A.Vlasenko, considering crisis tendencies in the right, characteristic for our present, fairly indicates absence of long-term forecasts of development of the legislation [530] . Lawmaking forecasting - extremely difficult, laborious and responsible work is clear, that, but it does not mean, that it should not be conducted. Meanwhile significance of long-term strategy (concept) of development of the legislation, based on data of qualitative forecasting, for achievement in a concrete historical cut of balance in system of standard legal certificates and its maintenance in the future, it is difficult to overestimate. Thus
the forecasting representing the form of knowledge of the future condition of the state and the right [531] , should anticipate itself planning.

does not cause doubts, that the planned approach (and with a strategic bias) to normotvorcheskoj is objectively necessary today for activity. Without produmyvanija the further steps for years forward it is difficult to solve problems on its optimisation, to reduce excessive plurality and to reduce the bias of standard legal certificates, to eliminate non-uniformity of development of separate institutes, branches and podotraslej the rights, to raise a law role in a company life.

That is remarkable, importance of long-range planning pravotvorcheskoj activity is realised by members of parliament. According to the former chairman of the Federation Council of Federal Meeting of the Russian Federation E.S.Stroev, «if not will be the co-ordinated legislative plan all of us time will wander in chaos of a muddy stream of casual laws.» [532] . With it it is solidary and replaced it then on a post of the head of the upper chamber of Russian parliament S.M. Mironov: «For creation of legal base of a long-term state policy it is necessary to change essentially the approach to the lawmaking organisation, to refuse the practice focused on acceptance of separate laws and to pass to methodology of formation of system of the legislation, to create constantly acting mechanisms as the general character, giving system reference points for all legislation, and supplying sistemnost each stage

3 life cycles of laws » [533] .

Planning normotvorcheskoj is objectively necessary for activity for removal of such defects of the Russian system of law, as instability of legal regulation, haste in the edition

standard legal certificates, the bias smysloobrazujushchih

positions of the interconnected laws, excessive dependence of a choice of subjects of the certificate on momentary public requirements [534] . Planning promotes strengthening of system communications between different branches of the legislation, and also in each of them. Planning use (and long-term, strategic) in pravotvorcheskoj activity is the major precondition nedopushchenija inconsistency, the bias between the accepted legal certificates and realisation of their positions during a life.

Thirdly, defect sistemnosti pravotvorcheskoj activity is provoked nerealizovannostju in its process of potential of the conceptual approach. Unconditionally, the idea «sets an impulse» to the future standard legal certificate, but its registration in the concept as the intermediate stage, will promote better implementation of the purposes and problems of the legislator. For this purpose in the concept following moments should be without pay reflected:

the circle of relations which will be settled by the standard legal certificate is outlined;

the condition characteristic uregulirovannosti public relations in corresponding sphere is given;

the parity with other standard legal certificates is analysed.

Thus, system character pravotvorcheskoj activity should be considered, on the one hand, as a necessary and major condition of its efficiency, and with other - as to a determinant of equation in the legislation appearing in its result [535] .

At last though and not so obvious, but, nevertheless, essentially on equation of the legislation observance influences at acceptance of each separate document of rules of legal engineering. Perspectivity of research of the given category for the theory and practice is confirmed with that practically all scientists who have devoted the works to problems pravotvorchestva, to some extent mentioned also questions of legal engineering.

Most often in the scientific literature the treatment of legal engineering is meeting as certain set of rules, receptions, skills etc. [536] A.P.Mazurenko suggests to use instead of concept "set" the term "system" [537] as it reflects an essence of considered concept more precisely whereas the legal engineering represents something bolshee, than simply set of the elements not connected with one another. System communications between separate composed the legal engineering are extremely important, as in many respects thanking it is supplied systematic, co-ordinated, effective pravotvorchestvo as which result the balanced legislation acts.

It is necessary to be stipulated, that within the limits of the present chapter, using concept «the legal engineering», we mean, first of all, engineering pravotvorcheskuju. Last by scientists it is considered as one of kinds of the legal engineering, allocated along with others. In the literature there is no uniform approach to classification of legal engineering. One authors distinguish pravotvorcheskuju, pravoprimenitelnuju, investigatory,
the judicial engineering [538] , others - the right - creative, interpretatsionnuju, pravorealizatsionnuju (pravoprimenitelnuju) [539] , the third - pravotvorcheskuju, to the technician of publication of normative statements, the technician of ordering of normative statements, interpretatsionnuju, pravorealizatsionnuju, the right - primenitelnuju [540] . Thus, despite distinctions in a set of elements, the engineering of creation of standard legal certificates ("pravotvorcheskaja", "normotvorcheskaja", "legislative", "legislative") is considered by all authors as a principal view, taking in offered classifications the first item.

Ignorance, non-observance, ignoring of rules of legal engineering leads pravotvorcheskim to errors, and those in turn inevitably generate the legislative bias. Realising scale of the negative harm rendered by them on a system of law, and importance thereupon correct explanation of essence pravotvorcheskoj errors, a number of scientists have devoted a separate place in the researches to the analysis of the given concept. V.M.Baranov defines pravotvorcheskuju an error as «officially realised diligent error, result of the directed actions normotvorcheskogo the body, infringing the general principles or concrete norms pravoobrazovanija, mismatching level and law is state necessary development of adjustable activity and attracting by the edition of false norm of the right adverse social and legal consequences» [541] . According to Century of M. Syryha, pravotvorcheskaja the error represents deviation from requests of legal engineering, bases of a legal science, logic or
the grammar, the reducing quality of legal norms causing difficulty in their interpretation and an embodiment in concrete pravootnoshenijah [542] .

N.N.Voplenko in quality konstituirujushchih transfers following signs pravotvorcheskoj errors:) estimated character; social harm; occurrence of legal obstacles for ­ progressivnojuridicheskogo company developments; an official recognition of an error in the special certificate of the authorised state body. Other signs, such as an abuse of regulations of legal engineering, logic and grammar, neediness of resources, etc., it carries to facultative, acting inherently, is faster independent kinds pravotvorcheskih than errors [543] .

Pravotvorchesky errors can lead to the most various forms of the legislative bias. They are most obvious in case of direct contradictions (collisions) of the legal norms caused by redundant legal regulation (the positive form of the quantitative bias), or, on the contrary, blanks in the legislation [544] (the negative form of the quantitative bias).

For the characteristic of the negative phenomena in pravotvorchestve use also concept "defect" (usually with addition to it attributiva "tehniko-legal"). In particular, as unconditional defect is regarded by blanks in legal regulation [545] . Thus the parity of concepts «tehniko-legal defect» («defect of the legislation») and «pravotvorcheskaja an error» in the literature has not received accurate reflexion.
for example, A.P.Mazurenko, using considers both concepts, of one case them as synonyms (in relation to a blank which it regards as a version both that, and other) [546] , and in other - includes concept «pravotvorcheskaja an error» in wider under the contents concept "defect" [547] .

«tehniko-legal defect» and N.A.Vlasenko Operates with concept, uniting under this abstraction the language, logic, grammatical and graphic discrepancies arising for the most different reasons [548] .

At research of problems pravotvorchestva (pravotvorcheskih errors, tehniko-legal defects, etc.) Special significance has revealing of their reasons. Thus essentially important their detailed characteristic, how many the nature, essence of the given reasons - subjective or objective is represented even not so much. This results from the fact that, developing recommendations of improvement of quality pravotvorcheskoj activity, it is necessary to define, first of all, in each concrete situation, whether the legislative bias formed in its result is, conscious (that is subjective) or has arisen besides will pravotvortsev (that is has objective character). And, certainly, ­ tehnikojuridicheskie methods of removal of negative displays in pravotvorchestve which will be considered more low, can appear effective only in a case of "an innocent tresspass», that is diligent error of the legislator. About same speaks and L.V. polovova, noticing, that with the tehniko-legal defects of the legislation caused by absence of due level of the professional competence of members of parliament, it is possible to struggle by means of deepening of knowledge and abilities of corresponding persons in area
the legal engineering [549] . Otherwise (meaningly supposed pravotvorcheskih errors) tehniko-legal means are powerless, here already it is required complex work on reforming of all system to begin which follows from increase of level of legal culture and sense of justice, strengthening of legal values and ideals among pravotvortsev.

We consider cases "not planned", "unintentional" pravotvorcheskih errors and other negative displays in pravotvorchestve and, accordingly, tehniko-legal methods of increase of its efficiency acting as the lien of creation of the balanced legislation.

Creation of model of the "ideal" law - difficult, laborious, but at all it unpromising enough problem whereas to produce the uniform, universal sample, a template for all spheres of legal regulation and each separate situation basically is impossible. Not including obviously unattainable purposes, our research is directed on working out of concrete recommendations, revealing and the analysis of the conditions which steady observance is the precondition of creation of a qualitative standard legal material. Proceeding from the general-theoretical approach, these conditions originate in the requests presented to the formal and substantial parties of legal norms.

From an item of the first, first of all, features of language of the standard legal certificate are subject to detailed consideration. Dignities of the balanced legislation consist that in it social requirements are adequately transferred to right language. Therefore, as
fairly marks T.V.Gubaeva, «verbal technologies have the major significance for pravotvorchestva» [550] .

During Soviet time to right language clearness and compactness [551] were considered as the basic requests. Today in the tideway of achievement of the purpose of increase of level of legal knowledge of the population purchasing special urgency to them clearness, simplicity and ease of perception which, according to S.N.Boldyreva, act as indicators pravotvorcheskoj are added


cultures [552] .

it is possible to consider as "Illness" of legal texts «bulky and heavy phrases where the thought is confused in quantities the subordinate clauses involved and verbal adverb turn-overs, in infinite„ if "," and also ”which"etc." [553] . In the beginning of the last century it was marked:« the Unions and any expressions connecting of some phrases in one, - poison for style of laws » [554] .

it is necessary to avoid artificial lengthening and complication of phrases. A keyword here - "artificial". At the same time the aspiration to simplicity and availability should not put a damage to completeness, accuracy and depth of an exposition of standard positions, to lead to a vagueness of formulations. The right regulates both rather simple, and difficult relations that should be reflected in style of corresponding norms. But the composer of the project of the normative statement should mean always, that its addressees are not only and, is possible, not so much, lawyers, how many the usual citizens who do not have the vocational education, whose

legal knowledge, as a rule, are limited to data,

received from mass media, daily, "everyday" legal experience or thanks to own inquisitiveness, aspiration to development of individual legal culture. It is difficult to argue with A.S.Pigolkinym who has noticed, that «that law is bad, for urazumenija which many people are compelled to address to the help of expert persons» [555] .

Language as the method of a communication of information should consider features of perceiving subjects, differently it "will not reach" the addressee. If to speak about standard legal certificates it is necessary for their developers to know roughly at least a circle of persons to which this or that standard legal certificate is paid. Special, basically technical terminology, means availability of a certain professional knowledge at those who will apply norm [556] .

Thus, depending on the addressee of the standard legal certificate the parity of simplicity and complexity of its legal style varies. For example, the Law from February, 7th, 1992 ¹ 2300-1 «About protection of the rights of consumers» (in red. From November, 23rd, 2009) [557] should be written simple, accessible to perception all citizens language as directly mentions their rights and interests. In general, when it is a question of the laws calculated for daily application by wide sections of persons, not having the relative simplicity of language supplying them availability to perception and explanation should be professional legal knowledge (regulating civil, family, labour relations), their characteristic defining from the formal party. The same it is possible to tell and about the laws establishing responsibility (criminal, administrative, material, disciplinary) which
should be known and clear to each. In 1918 known Soviet lawyer P.I.Stuchka wrote, that is senseless «to require of citizens of obligatory submission to laws which it are not clear» [558] .

At the same time, say, in the Decree of the President of the Russian Federation from May, 12th, 2009 ¹ 536 «About bases of strategic planning in the Russian Federation» [559] which has the status «For office use», special terminology is actively applied, there are difficult enough formulations that is quite defensible. The code of a merchant shipping of the Russian Federation, the Law from February, 21st, 1992 ¹ 27-FZ «About bowels» (from amendment and dop.) [560] and a number of other certificates have rather small circle of users and consequently obosnovanno differ more "professional" language.

As other basic language errors of standard legal certificates it is possible to allocate the following: a wrong writing and the coordination of words; the indistinct phrases supposing ambiguous interpretation; non-observance of rules of inclusion in the text of designs with negations; inexact use of a terms framework; verbal redundancy and verbal insufficiency [561] .

As to a legal language its disorder determined by amorphy, uncertainty of system of concepts, according to V.M.Savitsky, reduces information potential of the standard legal certificate, causes problems in pravoprimenenii, «conducts to never-ending and fruitless disputes in theory and in practice» [562] . In other words, terminological errors in pravotvorchestve
generate the bias not only in the legislation, but also in pravoprimenenii.

Thus studying and streamlining of terminology within any one branch of the legislation, were considered by V.M.Savitsky, basically is possible, but is actually useless, as any branch does not function independently, in itself. Norms, its forming, have something in common with instructions of other branches. Putting in order in terminology only within one sphere can to lead as not planned "by-effect" to the disorder, mess, the bias in places of contact of allied industries. A unique way which saw the scientist, - standardization and unification of terminological systems of allied industries of the legislation [563] .

the Request of is formal-legal definiteness of the legal norms, mentioning and their substantial party, predetermines necessity of observance for process pravotvorchestva balance abstract and concrete. Parity infringement in any of two parties leads to negative consequences: or to law "glut" otsylochnymi the norms, requiring a detailed concrete definition, or to excessive "bulkiness" of the laws hindering their perception and application. As to the domestic legislation for it the first form of the bias is more characteristic, that, certainly, does not mean impossibility of correction of a situation. On the contrary, scientists a number of concrete tehniko-legal recommendations about removal of the such bias is offered: Reduction of quantity of norms with uncertain hypotheses under condition of simultaneous use in reasonable limits of standard generalisations, wider application such pravotvorcheskogo reception, as an establishment in the legislation so

the named derivative legal facts, failure of the general

concepts of maximum "laconicism" of the law [564] .

Here it is necessary to stay on such tehniko-legal reception, as a concrete definition (detailed elaboration) of standard positions. ­ Idejnotematichesky and problem detailed elaboration of the act promotes avoiding excessive abstraktnosti, reducing practical effect of legal regulation. Here, however, it is necessary to observe balance for overwork detailed elaboration happens also it is harmful, as well as obobshchennost themes as can lead in turn kazuistichnosti the certificate, to its "swelling", that negative impact on efficiency of legal regulation [565] also makes.

the Important factor promoting improvement of quality pravotvorcheskoj of activity, V.M.Baranov considers maintenance of sufficient level of its openness [566] . It will allow to exclude "temptation" of creation of the "conscious" bias in the legislation with the purposes of possibility of interpretation of norms pravoprimenitelem in the personal interests further. In it it is necessary to agree with scientific, after all it is obvious, that the more "transparent" process pravotvorchestva is, the it is more than chances, that its results will be correctly understood, interpreted and realised in practice, and it, in turn, acts as the warranty of achievement of the purposes of the legislator and maintenance of all system of standard legal certificates in a balance and harmony condition.

One more major condition kachestvennosti pravotvorchestva which scientists indicate, is its timeliness [567] . If pravotvorchestvo does not meet the requirements of timeliness, the legislation appearing in its result cannot be balanced, as balance (including legislative) - the concept defined among others and time characteristics. The law accepted with delay, most likely, will not reach the purposes and consequently, it will not be entered in system of acting standard legal certificates, in any case will infringe their balance. The same is fair and concerning laws, is artificial real social settings advancing occurrence.

the Following tehniko-legal reception to which, in our opinion, Russian pravotvortsami the insufficient attention but which thus has a more potential in business of struggle against the legislative bias is paid, is an inclusion in standard legal certificates of such component, as a preamble. The given element in relation to the standard legal certificate is traditionally regarded as unessential in this connection the major laws - the Civil code of the Russian Federation, the Labour code of the Russian Federation, the Ground code of the Russian Federation, the Customs code of the Russian Federation - preambles have no. There are no preambles and in many regional laws even mentioning the most important rights and freedom of citizens, generating hot discussions and protest shares. Leading modern scientists consider such situation inadmissible, defending importance of inclusion of preambles in standard legal certificates with the purposes of increase of efficiency of their action [568] .

We join the stated item concerning perspectivity of considered tehniko-legal reception, especially
from an item of struggle against the legislative bias. Officially fixing such significant characteristics of the standard legal certificate as a regulation subject, the sphere of action, the purpose, principles of regulated activity, a preamble becomes its "bridge" to other documents, a reference point for the future legislative innovations. Proceeding from the text of competently made preamble, it is possible to define easily and precisely a place which takes the given document in system of acting standard legal certificates and, accordingly, better to carry out planning pravotvorcheskoj activity, initially not supposing bias occurrence.

As the most powerful tool of legislative engineering consider legislation codification [569] . Its sign role in giving sistemnosti to an isolated file of standard legal certificates in the conditions of a transition period worried by Russia, is marked by V.M.Baranov, giving a priority large, is high-grade regulating the big spheres of public relations kodifikatsionnym to the certificates accepted in a measured order, before numerous private laws [570] . It is stipulated by defining quality kodifitsirovannyh certificates - ability to become a basic, stable element of a system of law [571] . From the point of view of interests of our research, legislation codification as a direction pravotvorchestva occurrence base becomes which result, sistemoobrazujushchih laws in the basic spheres of legal regulation, should be regarded as one of the most perspective directions of struggle against the legislative bias.

it is Thus important, that codification was internally balanced, that excludes such, alas, characteristic lines for the Russian legal validity, as haste and crudity. As an example not absolutely successful "express codification" can result the acting Tax code of the Russian Federation where economic situations are not balanced with legal, and last - with one another (in particular, with norms of the Budgetary code of the Russian Federation and the Code of the Russian Federation about administrative offences [572] . Codification in itself - not is panacea from all "illnesses" pravotvorchestva (to which, unconditionally, occurrence of the legislative bias concerns also). Only the system approach to the given process, the coordination of base positions of the codes directed on regulation of close, adjacent spheres of public relations, acts as the warranty nedopushchenija new "coils" of the legislative bias.

as Other technique pravotvorcheskoj the engineering initially aimed at creation of the balanced legislation, acceptance of modelling laws acts. It practises, in particular, Inter-parliamentary assembly of the countries - participants of the CIS, promoting creation and maintenance of the general legal space of Commonwealth. Many scientists regard it as perspective [573] , suggesting to give to such certificates certain degree of compulsion [574] . Really, positive potential of practice of acceptance of modelling laws is obvious, as thanks to it there are unified standard legal certificates, preventing the possible bias.

Pravotvorchestvo cannot and should not be especially practical problem. Not casually questions of increase of efficiency pravotvorchestva continue to excite minds of leading scientists of the country, aspiring to develop theoretical bases of the mechanism of creation of the standard legal certificates co-ordinating in uniform, co-ordinated system, forming the qualitative, balanced legislation. From these items dialectics of interrelation of concepts "pravotvorchestvo" and "legislation" is defined by a parity of categories of process and result. Defects of the first inevitably generate defects in the second. In other words, pravotvorcheskie errors have the direct result the bias in the legislation.

It is possible to allocate two levels of the legislative bias as result of set of defects pravotvorchestva. First, the accepted certificate can be internally inconsistent (on V.I.Chervonjuka's expression, «to deny itself from within» [575] ). In it non-observance of rules of legal engineering more often "is guilty". Secondly, even under condition of internal equation the bias can exist at level of interrelations with acting standard legal certificates. The reason of such bias is covered already in ignoring of requests of objective conditionality and sistemnosti acceptances of standard legal certificates. Thus logical connections here the following: the first is the predecessor and determinantoj the second, that is generates it practically inevitably, however return law is not so immutable: absence of the internal bias at all does not guarantee availability of balance external.

the Problem can be considered and under other corner of sight, having taken for a basis not negative, but positive aspect: the balance of the legislation is possible only on the basis of observance in process pravotvorchestva requests

objective conditionality, scientific validity,

sistemnosti (including such methods and tools, as creation of bank of ideas of administration bills, forecasting, planning, use of the conceptual approach), and also at strict following produced by a science and to the rules of legal engineering approved by practice. The similar approach will allow to develop concrete ­ tehnikojuridicheskie recommendations about removal of negative displays of the legislative bias and to prevention of its occurrence in the future.

As such recommendations it is possible to offer separate ­ tehnikojuridicheskie methods and receptions, such as: observance of the requests presented to the formal and substantial parties of legal norms (clearness, clearness and availability to perception of language of the law, balance abstract and concrete, timeliness of acceptance of norms, a transparency of the given process), inclusion in the text of standard legal certificates of preambles, acceptance of modelling laws, a concrete definition of separate norms, legislation codification in whole or its certain sphere. Each of the receptions (methods) set forth above is directed on the decision of an independent problem, in the set they are capable to render sistemoobrazujushchee influence on improvement of quality of the legislation as a whole.


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A source: Belousov Sergey Aleksandrovich. the LEGISLATIVE BIAS (the doctrine, the theory, practice). The dissertation on competition of a scientific degree of the doctor of jurisprudence. Saratov - 2015. 2015

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