Система формальных источников современного права и проблемы правового регулирования правотворческой деятельности

Abstract

Creation of lawmaking standards is of immediate interest of legal science and an urgent task of lawmaking. The purpose of the research is: to determine the optimal way and form of legal acts to consolidate the system of sources of positive law and regulation of lawmaking activity. The research tasks are: to formulate a system of scientific statements and conclusions that form the basis for goal achievement. The author used means and methods of dialectical logic, structural-functional analysis and formal-logical method of investigation in the research. The system of formal sources of modern law consists of separate types of sources of national, international and supranational law, includes groups and levels of law sources, between which such hierarchical links are formed as links of subordination, coordination and correlation. The links of subordination prevail within particular subsystems, levels, groups and types of law sources, coordination links are between particular types, groups, levels and subsystems, and correlation links are between particular groups and types of law sources and: 1) social and cultural factors of civilization’s nature; 2) regulated public relations. The concept of the system of legislation in modern conditions loses its former methodological meaning, but still it is an important part of the theory of positive law because of preserving the methodological potential in the study of the system of normative legal acts, having scientific and applied value in the process of lawmaking and law enforcement activities. The legal consolidation of the system of formal sources of modern law, inherent hierarchical relations and lawmaking activity in general, are proposed to be implemented in a number of acts of a codified type: 1) a code on sources of law; 2) a code on law-making activity. The system of formal sources of modern law and hierarchical relations could be consolidated in the first act and the law-making process, including issues of the systematization and interpretation of sources of law, could be regulated by the second one.