Open AccessESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY
Author(s) -
I. V. Borshevskyi,
O. D. Hryn
Publication year - 2021
Publication title -
pravova deržava
Language(s) - English
Resource type - Journals
ISSN - 2411-2054
DOI - 10.18524/2411-2054.2021.44.245081
Subject(s) - empirical legal studies , legal research , legal science , lawmaking , principle of legality , legal profession , legal realism , political science , legal formalism , context (archaeology) , enforcement , legislation , law , engineering ethics , comparative law , engineering , private law , black letter law , legislature , paleontology , biology
The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.