Situational structure of legislation as an alternative to the sectoral principle of its systematization
Автор: Bredihin Aleksey L., Udaltsov Andrey A.
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Теория и история права и государства
Статья в выпуске: 2 (44) т.12, 2021 года.
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Introduction: the authors address an issue of systematization of Russian legislation, which has a complex and contradictory structure. The authors note that modern informatization makes it possible to implement new approaches to the systematization of legislation and make it more effective. Thus, they propose a situational approach, the essence of which is explained in their article. Materials and Methods: the material basis of this study was scientific and theoretical works devoted to the systematization of legislation and law enforcement. Special attention was paid to the theoretical model of "situational law", the idea of which the authors propose to apply to the issue of systematization. The methodological basis of the research were the legal method and general scientific methods of analysis, synthesis, induction and deduction. Results: today, the system of legislation is structured by areas, and also acts as a hierarchical system of regulations. However, a modern law enforcement officer most often does not focus on it, since he or she searches for specific rules of law is carried out using reference legal systems or other similar resources, where, among other things, a situational approach is implemented for the formation of legal acts and individual articles on a predetermined situation (challenge). Discussion and Conclusions: based on the study, the authors argue the possibility of constructing legislation by distributing legislative norms in the areas of state activity, and then splitting them into elements of a lower level down to specific legal situations.
Legislation, systematization of legislation, situational law, branches of legislation, law enforcement
Короткий адрес: https://sciup.org/142229925
IDR: 142229925 | DOI: 10.37973/KUI.2021.47.25.003