Discretional Legal Technique and Technology of the Practice of Legal Regulation
( Pp. 14-19)
More about authors
Valiev Rafail G.
Cand. Sci. (Polit.), Associate Professor, Associate Professor of the Department of Theory and History of State and Law, Faculty of Law
Kazan (Volga Region) Federal University
Russian Federation
Kazan (Volga Region) Federal University
Russian Federation
Abstract:
Purpose of the study. The article is devoted to the analysis of discretionary legal technique and technology in the context of their connection with the practice of legal regulation of public relations. The purpose of the study is to form a general theoretical understanding of the essence and significance of discretionary legal technique as a structural element of the technology of the practice of legal regulation of social relations. Within the framework of the study, the content of the concept and the structure of the practice of legal regulation were revealed. Based on a critical assessment of existing interpretations of legal technique and technology, the author's definition of their concept and meaning is given, and provisions are formulated on the concept and meaning of discretionary legal technique as a structural component of legal technology and a functionally significant potential of legal regulation practice. Conclusions. The regularities of discretionary legal technique as an element of the technology of general legal regulation are revealed: as the degree of generalization of the rules and techniques of law-making technique of abstractly general and relatively certain normative legal prescriptions increases, the degree of uncertainty in objective law also increases; the use of legal technique in normative legal acts regarding certain and abstract-general principles and norms of law determines the demand for the corresponding discretionary powers of private and powers of public subjects of law. The law of cyclicity in the development of discretion as a factor in the practice of legal regulation is formulated. The contradiction of discretionary legal technique to the principle of legal certainty is revealed and a measure to overcome it is proposed.
How to Cite:
Valiev R.G., (2022), DISCRETIONAL LEGAL TECHNIQUE AND TECHNOLOGY OF THE PRACTICE OF LEGAL REGULATION. Economic Problems and Legal Practice, 4 => 14-19.
Reference list:
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Kartashov V.N. Legal technology or legal technique? Some methodological aspects of the study // Legal technique. 2007. No. 1. Pp. 16-23.
Vlasenko N.A. Categories «uncertainty» and «certainty» in the study of modern law // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. -2017. -No. 1 (37). Pp. 8-17.
Valiev R.G. On the status of dispositive principle in the mechanism of public law regulation // Uch. app. Kazan. un-ta, Series Humanit. science. -2011. -Т.153. Book. 4. Pp. 22-29.
Lazarev V.V. Techno-legal methods of hiding the legislative will // Legal technique. 2007. No. 1. Pp. 24-27.
Valiev R.G. On the meaning of the concept «legal institutionalization» // Legal science and practice: history and modernity. Collection of materials of the I International scientific and practical conference, June 5, 2013 / MIGUP branch in the Ryazan region; resp. Ed. I.V. Pantyukhina. Ryazan: Publishing house «Concept», 2013. P. 21-24.
Lazarev V.V. On the issue of the risks of legal science // Journal of Russian law. 2019. No. 3. Pp. 5-20.
Khabrieva T.Ya. Modern legal technologies in modern theory and practice of lawmaking and law enforcement // Efficiency of legislation and modern legal technologies (materials of the meeting of the International School-Practicum of Lawyers, Moscow, May 29-31, 2008) / ed. ed. T.Ya. Khabrieva. M.: GOU VPO RPA of the Ministry of Justice of Russia, 2009. 495 p.
Romashov R.A. Legal technology of law-making in Russia in the 13th century. // Law and state: theory and practice. 2014. No. 10(118). Pp. 77-85.
Baranov V.M. Foreword / Problems of legal technique. N.Novgorod, 2000. 823 p.
Scientific notes. Volume XII. Collection of articles by teachers of the Kazan branch of the Federal State Budgetary Educational Institution of Higher Education «RGUP». Kazan: Fatherland, 2016. T. XII. 512 p.
Kashanina T.V. Logic of Law as an Element of Legal Technique // Journal of Russian Law. 2008. No. 2 (134). Pp. 25-35.
Davydova M.L. Legal technique: problems of theory and methodology: monograph / M.L.Davydova; GOU VPO «VolGU». Volgograd: Publishing House of VolGU, 2009. 318 p.
Malko A.V., Kostenko M.A. The development of legal technologies as a modernization resource for the legal policy of Russia // Legal technologies in the legal policy of modern Russia: a collection of scientific articles / Ed. ed. A.V. Malko, M.A. Kostenko; Taganrog: TTI SFU Publishing House, 2011. 272 p.
Kartashov V.N. Legal technology or legal technique? Some methodological aspects of the study // Legal technique. 2007. No. 1. Pp. 16-23.
Vlasenko N.A. Categories «uncertainty» and «certainty» in the study of modern law // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. -2017. -No. 1 (37). Pp. 8-17.
Valiev R.G. On the status of dispositive principle in the mechanism of public law regulation // Uch. app. Kazan. un-ta, Series Humanit. science. -2011. -Т.153. Book. 4. Pp. 22-29.
Lazarev V.V. Techno-legal methods of hiding the legislative will // Legal technique. 2007. No. 1. Pp. 24-27.
Valiev R.G. On the meaning of the concept «legal institutionalization» // Legal science and practice: history and modernity. Collection of materials of the I International scientific and practical conference, June 5, 2013 / MIGUP branch in the Ryazan region; resp. Ed. I.V. Pantyukhina. Ryazan: Publishing house «Concept», 2013. P. 21-24.
Lazarev V.V. On the issue of the risks of legal science // Journal of Russian law. 2019. No. 3. Pp. 5-20.
Keywords:
legal regulation, legal technology, legal technique, discretionary legal technique, discretion, contradictions, patterns.
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