Сoncept of the draft normative-legal act аs a law-making phenomenon

A. Sachko
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Abstract

In the article, the author focuses on the relevance of the conceptual and categorical analysis of any phenomena and processes of legal reality, especially the phenomenon of the concept, which is today the basis of improving the functioning of jurisprudence. It was noted that due to constant changes in the socio-economic situation, technological progress, as well as foreign policy factors, it is important to adapt the legislation to new realities. Understanding and studying various concepts of the development of legislation, as well as their impact on legal practice, allows you to effectively analyze and improve the country's legal system. This approach helps to ensure legal stability, protection of citizens' rights, and increased confidence in the legal system in general. First of all, in cognitive terms, it is important to conduct an analysis of the studied phenomenon of the concept through the prism of its conceptual-categorical dimension, which will allow to generalize its properties and improve the definition. The indicated vector of scientific knowledge will first of all strengthen the methodological basis for further research of concepts as a law-making phenomenon, define clear boundaries of the subject of scientific knowledge, establish cognitive regularities of concepts, putting them in the basis of a corresponding unified doctrinal understanding of them. In the content of the work, an analysis of the concept as a special law-making phenomenon, determination of approaches to its understanding that have developed in legal science, clarification of the features of the concept of the project of a normative-legal act, and improvement of the definition of the concept as a component of the conceptual and categorical apparatus of legal science are carried out. It was concluded that in the process of preparing a draft of a comprehensive normative legal act, one cannot do without a preliminary conclusion of its concept. In addition, the concept of writing a normative legal act can be brought up for discussion. In this way, it is proved that the concept of a normative legal act is an important stage and component of the normative design process, because the development of the correct concept allows to further formulate the provisions of the text of the normative act more clearly.
规范性法律草案的概念是一种造法现象
在文章中,作者重点论述了对法律现实中的任何现象和过程进行概念和分类分析的现实意义,尤其是概念现象,它是当今改善法理学运作的基础。据指出,由于社会经济形势、技术进步以及外交政策因素的不断变化,必须使立法适应新的现实。了解和研究立法发展的各种概念及其对法律实践的影响,可以有效地分析和完善国家的法律体系。这种方法有助于确保法律的稳定性,保护公民的权利,增强人们对整个法律体系的信心。首先,在认知方面,重要的是要通过概念--分类维度的棱镜对所研究的概念现象进行分析,从而归纳其属性并改进定义。所指出的科学知识矢量首先将为进一步研究作为造法现象的概念夯实方法论基础,明确科学知识主体的边界,确立概念的认知规律性,将其置于相应的统一理论认识基础之上。在工作内容中,对概念作为一种特殊的造法现象进行了分析,确定了法律科学中对概念的理解方法,澄清了规范-法律行为项目概念的特征,完善了作为法律科学概念和分类装置组成部分的概念定义。结论是,在起草综合性规范性法案的过程中,离不开对其概念的初步总结。此外,还可以提出规范性法律文书的写作概念供讨论。由此证明,规范性法案的概念是规范性设计过程中的一个重要阶段和组成部分,因为形成正确的概念可以进一步更清晰地制定规范性法案文本的条款。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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