Duplication of normative text in legal acts: theoretical basics and legal significance

Автор: Uporov Ivan Vladimirovich

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 8, 2020 года.

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The present study considers the problem of duplication of identical text in normative legal acts from the standpoint of legal legal engineering. Such legal phenomenon as copying legal norms without any reference to the act used takes place at all levels of a law-making process (federal, regional, municipal). It is regarded by the author as the defect of the mentioned process, since a state of some uncertainty arises for the law enforcement officer, there is violation of competence in subjects of regulation and, accordingly, the effectiveness of law as a social regulator decreases. Theoretical and legal judgments are illustrated by specific examples from lawmaking activities of various public authorities. It is concluded that the reproduction of a normative text, even with references, is generally impractical, but it is acceptable mainly in municipal legal acts. The study substantiates proposals on improving the information and technical state of the Russian legal system.

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Lawmaking, normative legal act, legal technique, duplication, normative text, law-making process, law, regulation

Короткий адрес: https://sciup.org/149134304

IDR: 149134304   |   DOI: 10.24158/pep.2020.8.12

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