Співвідношення системності та формальної визначеності як властивостей права в контексті формалізації норм права
The article examines the correlation between systematicity and formal definiteness as properties of law in the context of the formalization of legal norms. In particular, attention is focused on the legal approach to formalization, within which it is considered a component of legal technique. Formalization in this sense is defined as a set of rules aimed at endowing positive law with the features of formal definiteness, ensuring its properties of legal certainty, systematicity, and efficiency. The author emphasizes that the categories of formal definiteness and legal certainty are distinct and substantiates this position. The author states that formal definiteness is a general category encompassing legal certainty, systematicity, and efficiency as properties of law, and correlates them as a whole and its parts. The paper provides a detailed analysis of the relationship between the systematicity of law and its collision nature, highlighting the importance of adhering to legal technique rules to minimize collisions and improve the quality of legislation. Specific examples of non-compliance with the rules of formalizing norms in the Civil Procedure Code of Ukraine are examined, illustrating the relevance of the studied topic. The presented examples demonstrate how the inconsistency of legal acts with higher legal force, the lack of coherence between norms of equal legal force, and the absence of terminological unity can negatively affect legislative effectiveness. The study concludes that systematicity as a property of law is ensured by compliance with the relevant rules of formalization. These rules contribute to reducing the risk of collisions, facilitating the application of the law, and enhancing the efficiency of legal regulation. The author emphasizes that the legal technique of formalization is an effective methodological tool that requires further study and improvement. This will improve the quality of legal acts and the overall state of the legal environment.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-03-14
- Primary Topic
- Gene expression and cancer classification
- Type
- article
- Field-Weighted Citation Impact
- 0.00