Нормотворческая юридическая техника
The chapter describes the concept and means of normative legal technology and law requirements for projects of normative legal acts, the problem of monitoring of normative legal acts, as well as theoretical and applied problems of systematization of legislation.
Quantitative data on introduced bills and adopted laws for 20 years of work of the Russian parliament. The subjects of the bills submitted to the State Duma are presented. The essence of rulemaking (concept, principles, etc.) is revealed. Important in both theoretical and practical importance is the section on the stages of the rule-making process. The concept and types of systematization are considered. A separate section is devoted to the concept and main types of legal techniques.
In this article are discussed the limits of application of general theory of systems in legal science. The author criticizes utilization of the notion «systemacity» for description of how legal norms are organized and how legal phenomena are structured. In author’s opinion, the term «system» is charged with a multiplicity of meanings, so that in social sciences this term is sometimes applied for characterization of the fundamentally different phenomena and realities. That is why legal scientists shall be especially careful in using this term. In the Russian jurisprudence the term «system» is applied for both «social reality of law» and for a set of the norms belonging to the positive law of the country. This use is tautological and has no conceptual justification. The author proposes to use the term «legal order» only for description of a structured set of legal rules, reserving the use of «system» for characterization of law from the point of view of comparative jurisprudence, legal sociology and other sciences which examine the relations between the law and other sectors of social reality. Argumentation in favor of «systemacity» of law is theoretically based on philosophy of objectivism. It results in vain illusions about a capacity of norms to produce themselves a legal order which emerges automatically insomuch as law is a functional entity. But this «systemacity» is not given in (the) law a priori. Logical coherence and consistence of norms always remain relative, being the outcome of the purposeful activity of lawmakers, judges, legal scholars. It is naïve to suppose that rules can enter into the law and find their adequate position there without human intervention. Such understanding can lead to apology of irresponsibility of those who create redundant and inconsistent norms in the false hope that these norms will anyways find their place in the law grace to «systemacity» of this latter.
The current period of development of legislation in the field of combating corruption is characterized by dispersion and disunity regulatory legal acts regulating the activities of public authorities and management at the Central and interregional levels. The Federal law "on combating corruption" is of a framework nature and does not solve all the problems of preventing and combating corruption, facing before the modern Russian state. In connection with the above, the relevance of this study is obvious. The authors of the article aim to determine the main directions and methods of systematization of the legislation regulating the sphere of anti-corruption state activities. Having analyzed a significant array of normative legal acts on combating corruption at the Federal and regional levels interregional management, having researched foreign experience, the authors come to the conclusion about the need to develop the Federal law " on counteraction corruption", including through the systematization of the rules governing the relevant sphere of state activity. The authors are convinced that the effectiveness of anti-corruption legislation could a significant increase in the application of the "package" principle of streamlining legislation related to the development of the basic normative legal act - the law on combating corruption - and bringing into compliance with it of the acts which are not corresponding to this legislative act, and also the edition of other specifying documents of the standard maintenance. The application of a systematic approach to combating corruption also requires the revision and improvement of certain provisions of the National strategy anti-corruption, which should reflect the analysis of the situation on anti-corruption policy in the country, assessment of the effectiveness of the existing systems, monitoring and auditing, as well as anti-corruption policy tools. The article also presents the position on the development and modernization of the legal framework of the organization of public authorities and management, functioning at the Central and interregional levels, in terms of clarification and optimization of establishment and differentiation of competence in the sphere of anti-corruption. It is concluded that at present in Russia the creation of a separate specialized anti-corruption body is impractical due to the lack of conditions necessary for its establishment.
This tutorial textbook is dedicated to normwriting as an independent science and consists of two parts. In the first (general) part are sanctified general theoretical problems of normmaking and norm-setting legal technique. The second part of (special) is devoted to technology standards-related activities and serves as a guide to the preparation of a variety of technologies of various types of normative legal acts. The textbook is designed for students of the course normografii, and may also be useful to deputies, state and municipal officials, researchers, teachers and anyone interested in the problems of standard-setting and legal monitoring.