The essence and legal nature of the systematization of legislation

Abstract

In modern conditions of accumulation over many years of a large amount of legal material, the existence of a significant array of regulations adopted at different times, in force or truncated, or actually expired, the systematization of legislation is especially necessary. In this regard, the analysis of the doctrinal understanding of the essence and legal nature of the systematization of law is relevant. The essence of the concept of systematization is based on scientific and theoretical ideas about the system and the practical use of a systems approach. In this regard, it is necessary to dwell in more detail on the theory of systems approach, as well as on the problem of the theory of the legal system and the legal system. The systematic approach involves the disclosure of the essence of the object under study through the identification of the whole complex of internal and external connections. Currently, a systematic approach is used in the study of all spheres of social and technical activities and is not a specific scientific tool of jurisprudence. However, it should be noted that the application of a systematic approach to the study of law at different levels increases the ability to identify its content and form, internal unity and delimitation, the relationship and interaction of parts, its components. Therefore, speaking about the legal system, it should be borne in mind that the internal unity, coherence, differentiation, characteristic of the entire legal system, are inherent in its elements. In legal science, the concept of system has certain specifics. In the modern legal literature you can find different definitions of "legal system". Systematization of law - is a special kind of legal activity, practice, in its implementation is manifested as a permanent form of development and streamlining of the existing legal system. Systematization of legal acts in legal practice is not only a way to optimize legislation, but also a necessary mechanism for legal education, training of lawyers, as well as law enforcement practice. It should be emphasized that in the process of balanced, progressive development of society, systematization plays a priority role in lawmaking. Lawmaking cannot stop at a certain stage, but is constantly in dynamics, the development due to the dynamism of social ties, the emergence of new needs in public life that require legal regulation. The state and legal basis of modern civilized societies is characterized by the presence of a significant number of regulations adopted by the legislature and the executive. The process of normal evolution of social relations creates a need for constant updating and increasing legislation. Legislatures are actively adopting new laws and regulations. This leads to regular modifications of legal and legal systems. The use of an updated system of legislation involves work to streamline its elements. A constant form of such work is the systematization of normative legal acts, which means the activity of streamlining normative acts, bringing them into an orderly, coherent system. The purpose of systematization of legislation is to bring regulations, through their streamlining, in a coherent system that most objectively reflects the legal system. The activity of systematization of legislation occupies one of the main places in the legal policy of the modern state. In the complex of interrelated problems that the state solves through political and managerial activities in the legal sphere of society, the priority is legislative policy, which means government activities related to the design of political decisions in the form of regulations, process optimization and techniques of lawmaking, promulgation of laws and bylaws and their systematization.