“Discreteness of law” and “discreteness of legislation”: content of events, forms, causes

This article is devoted to the development of the scientific concept of discreteness in jurisprudence, as well as consideration of the possible application of the term. Various manifestations of discreteness are studied, the conclusion on the need to allocate two forms of discreteness is made: discreteness of law (historical) and discreteness of legislation (law), the interrelation of these terms is considered, their content is disclosed. The discreteness of law in its historical meaning, is defined as discontinuity in the process of the fluent succession of law, historical discontinuity in the process of developing of law for a particular state, reflected in failure in functioning of the legal system, which nominally exists in a given period of time (its inapplicability of regulation in the societal relations), or cessation of existence of a previously functioning system of law as a result of factors of foreign policy or domestic policy or both at the same time. The discreteness in the purely legal meaning is the discreteness of legislation, the situation when intermittence is peculiar to current law, there is heterogeneity of the law-controller, and if you expand the interpretation of the definition, one can see heterogeneity of legal regulation. The manifestation of legislative discreteness and their causes with the purpose of establishing the possibility to overcome the legislative discreteness is considered.