Framework legal acts and non-standard legal instructions

Бесплатный доступ

The general features of framework legal acts, which have different provisions in the legislation of individual countries, have been studied. It has been established that the framework legal acts contain positive uncertainty, which is expressed in the relative certainty of the content. Framework legal acts are characterized by logical incompleteness, which is the basis of lawmaking. Also problematic are characteristics such as accuracy and clarity of content, which increase legal uncertainty. The uncertainty of the content is concretized on the basis of law-making and law enforcement activities by authorized entities within the advising framework. The author comes to the conclusion that the framework legal acts establish criteria for legal regulation, which are associated with a reference to the features of regulated legal relations: economic, political, natural, geographical, demographic and others. Basically, these criteria are fixed as the need to take into account the historical, national and other traditions of the relevant territory.

Еще

Framework legal acts, limits of legal regulation, uncertainty, concretization, norms of law

Короткий адрес: https://sciup.org/147242127

IDR: 147242127   |   DOI: 10.14529/law230415

Статья научная