
Legislative textology as an integral part legislative technique
Author(s) -
Alexandra Sitnikova
Publication year - 2021
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2021-1-50-57
Subject(s) - legislature , normative , interpretation (philosophy) , dialectic , quality (philosophy) , criminal law , political science , criminal code , law , computer science , epistemology , philosophy , programming language
The purpose of the work is to present scientific provisions that provide the theoretical basis of the legislative and textual approach to criminal law prescriptions. Methodology.
The dialectical method of cognition in conjunction with instrumental scientific methods is used as a methodological basis for this study.
Main results: 1) the technocentric orientation of representatives of various scientific organizations is based on a linguistic approach to law-making. The consequence of this is the identification of language and technical elements of legislative technology; 2) the new legislative-textual approach makes it possible to improve the quality of criminal law by developing optimal models of criminal-legal prescriptions, observing the compositional and graphic design of the normative text, identifying non-standard elements of crimes, as well as by developing rules for constructing notes, providing legislative-textual interpretation of prescriptions, and analyzing changes and additions to the text of the criminal code of the Russian Federation.
Conclusion. Legislative textology is a promising direction of research regulatory requirements, builds on the achievements of the legal-technical industry knowledge, respond to unresolved legal technology issues of designing quality of the regulations allows a two-level interpretation of the regulatory text in the course of application of criminal law.