ЮРИДИЧНЕ ПИСЬМО: КАТЕГОРИЗАЦІЯ ПОНЯТТЯ Й ОСОБЛИВОСТІ ВИКОРИСТАННЯ

Abstract

Article has been devoted to the problems of legal writing in terms of the definitive identification of the content of the outlined category and the interpretation of the features of legal writing. It has been defined that legal writing – is the tool, which is used during the creation of legal documents. Whereas the category «writing» is characterized by polysemy. Firstly, writing – is the process of action due to the meaning of the verb «to write». Secondly, this is an official document. Thirdly, these are also methods of creating literary and artistic works. The proposed interpretation of the term «legal writing» by author is: the text prepared by a lawyer that has a legal content, or half-page business letter, hundred-pages memorandum or legal opinion, draft contract or draft law, procedural paper intended for submission to court, or other document. It has been mentioned that nowadays there are different classifications of types of legal writing. For the purposes of this work, a classification was chosen, in which the criterion for differentiation is, in particular, the target orientation of the document, which determines the tonality of the document and the way the material is presented. That classification is not spread in the Ukrainian legal literature, but it can be used for our legal realities. According to this, the purpose of document can be: analysis of the issue; argument; regulation. The main feature of the analytical legal writing – is neutral analysis of a legal situation or problem. The analytical legal writing contains letters to clients, memoranda, legal opinions, analytical materials, articles in legal journals, monographic works. The second variety – argumentation letter, in which a certain position is being defended, the interests of one of the parties are being protected. It is important to convince the addressee of his/her rightness, or the correctness of the position of the author of the text (or the person, which is presented by the author of the text). The third variety of legal writing, significantly differentiated from previous two from the point of view of legal writing, constitute legal documents (for example, statutory documents of a legal entity), contracts and normative legal acts.