SYSTEMATICITY AS A PROPERTY OF THE CONTENT OF LEGISLATION

Abstract

Abstract. In this scientific article the meaning of the concept of “systematicity of legislation”, which is used in legal science to characterize the organization of legislation, in its relation to the concept of “orderliness (systematics) of legislation”, is clarified. It is argued that the understanding of the terms “systematicity” and “orderliness” is associated with keywords such as “system” and “order”, respectively, that reflect their conceptual meaning. The main features of the system are structure, interrelation of the constituent elements of the system with each other and integrity, and the order is characterized by compliance with the state of the object to certain requirements, rules, norms, standards and more. It is noted that legislation, like any other phenomenon, is revealed, in particular, through such paired categories of dialectics as content and form, and therefore such properties of legislation as systematicity and orderliness should be considered not in relation to the legislation in general, but in relation to its content and / or form. It is claimed that the content of the legislation is a system of legal norms enshrined in normative-legal acts of public authorities and their officials, and the form is a hierarchical set of normative-legal acts of public authorities and their officials, in which these legal norms are given textual expression, and the form of which is clearly defined by the Constitution and laws of Ukraine. It is argued that systematicity of legislation should be considered as a property of the content of legislation, which is that legislation is a form of external expression of the legal norms organized by branches and institutions of legislation. Since the system of law (as a set of legal norms, united in the branches and institutions of law) is the substantive basis of legislation, the legislation as one of the forms of external expression of legal norms systematically organizes their content. Regarding the concept of orderliness (systematics) of legislation, it is noted, that in the form of legislation, as a hierarchical subordination of normative-legal acts of public authorities of different legal force, there must be a certain order, its components (normative-legal acts and their structural elements) must be organized in compliance with relevant requirements, rules, standards, norms, etc. It is pointed that the main methods of rule-making techniques, that ensure the systematicity of legislation in the process of rule-making activities of public authorities, are normative structure, legal construction and branch typification. The method of normative structure is connected with the external expression in the legislation of the full structure (hypotheses, dispositions and sanctions) of the legal norm. The method of legal constructions should ensure the construction of a particular institution of legislation on the basis of the relevant institution of law as a set of objectively necessary orderly and interrelated normative-legal regulations. The method of branch typification provides construction of the branch of the legislation on the basis of the corresponding branch of law.