Modern life is so complicated andunpredictable, which requires a person not only elementary household skills, high professional knowledge, but also legal literacy, so that he is able to protect his rights and interests on an occasion. Moreover, such concepts as legal technique, normative acts, legal activity are related, apart from jurisprudence, to clerical work, which means that any ordinary citizen can be needed.
What is legal technology
By this term it is customary to understand the whole setmeans and methods that are used, respectively, with the existing rules, in the development and systematization of acts (legal and regulatory) in order to make them more perfect, accurate, workable. Legal technology has several varieties, in particular, the main one is legislative or law-making. It is considered normalized, i.e. codification.
What are the rules and techniqueslegal technique, depends, to a large extent, on the specific organization of the legal material, on its presentation, on the form of its external filing, on the expression of the legal structure. After all, in the legal sciences there is an opinion that it is the structure of law that should be recognized as the fundamental principle determining the main structure and essence of the means and methods used in legal technology. But this connection, of course, is mediated. After all, first of all, legal technology is what determines the external form of law, normative legal acts. And it manifests itself at the level of the content of a special legal act, as well as on the verbal level - in a documentary statement of the will expressed in it.
The content of the term legal technique consists of such elements as:
- technical means, by which is meant a certain legal construction, terms;
- technical techniques - they can include the ways in which norms are set out, and more - the system of references.
It should always be remembered that for the legal technique is multifaceted, multidimensional. It manifests itself and exists in three main forms:
- a complex of not material means and methods, but technical ones;
- norms of use.These are various instructions, recommendations related to the preparation of the bill, its design and implementation in the existing legal system. And the perfection of legal acts will then directly depend on how accurately they are enforced and applied in practice;
- external materialization through improvementnormative acts as legal forms. As soon as the legal act embodies the methods and means of legal technology, they enter into the properties of this legislative system. And then, at what level in the country will use legal equipment, depends on those technical means, legislative techniques that are present in legal acts.
System of rules of legal technique
The rules of legal technology are all those,connected with each other some techniques (specific legal vocabulary and terminology, certain legal constructions, types and methods of construction, registration of legal normative acts), which are used in writing and legal documents. According to these rules, the content of acts and their structure are determined.
For the content side of all legal documents without exception, such rules are mandatory:
- consistency and consistency in the presentation and presentation of the material;
- absence of any inconsistencies and contradictions within the body of the document;
- compact, concise, clear presentation of the material of the normative document;
- precise, unambiguous, wording and terms used in the legal document, which do not allow a vague, ambiguous interpretation;
- different provisions, the norms within the legal instrument must be clearly delineated;
- Applied technical methods of law-making should be based on uniformity and consistency.
In addition to the general rules of legal technologyare divided into linguistic, logical rules and epistemological rules. Each group has a number of its nuances and peculiarities, but it meets the general goal of improving the legislative system.
