CERTAIN APPROACHES OF LEGAL TECHNIQUE

Abstract

The article discusses a brief description of word order in Kazakh and the potential interference that has developed in the practice of legal technique. Kazakh sentences have some peculiarities due to the specific word order. Numerous researchers have devoted their works to the study of issues in this field. The author refers to the opinion of the Kazakh linguist, outstanding scientist, doctor of philological sciences M. Balakaev and cites his conclusions on the stable order of words, including the order of the main members of the sentence. The article defines this order and illustrates with examples what changes may result from non-compliance. It also analyses the current legislative acts for compliance with the requirements of this literary norm. The results of comparative analysis of the texts of legislation adopted in different periods are reflected in the tables. For example, only one word "болып табылады" (is) has different ordering. The conclusion of the study is presented in the form of a specific approach, which is necessary in the development of legal acts. At the same time, existing gaps in the drafting of companion bills, for which amendments to codes are envisaged, are reflected on examples from existing legislation. The approaches to the presentation of the title and date of adoption of the code provided for in the companion legislation are tabulated, the developers are presented with its specific result-table, which is an auxiliary tool. This result can be referred to as a foundational document for developments. In order to reveal the relevance of the topic, attention is paid to the study of the problem in the practical context. In this respect, a brief overview from the practice of legal technique of a neighbouring country is presented. As one of the ways to avoid gaps, approaches are suggested for use in the development of the text of a legal act. In particular, the final conclusions can be used in law-making practice. In the article the author dwells on the conclusions of scientists who propose methods of excluding gaps in legal documents by means of their competent and correct design.