Discussion aspects of determining the list of means and techniques of legislative technique in the law-making process

Abstract

The article examines the means and techniques of legislative technique as the main primary components of the construction of legal norms, the authors explore the controversial aspects of determining the range of key technical and legal instruments. The authors note the negative aspects in the process of using the tools and techniques of legislative technique in the regulation of criminal law prohibitions. The main technical and legal problems in modern criminal law-making are the unjustified casuistification of dispositions of normative prescriptions, the bulkiness of criminal law prohibitions. In some cases, the volume (capacity) of individual dispositions exceeds 150 words. Such normative decisions significantly complicate the perception of elements of a crime, complicate the assessment and comparison of the committed act with a specific criminal norm. These circumstances negatively affect the qualification process and do not meet the needs of law enforcement practice. Certain gaps are observed in the construction of blank dispositions, in a situation where the legislator uses significant prescriptions borrowed from normative acts of other branches of law in the description of encroachments. The paper also notes, that the rules of legislative technique do not relate to basic structural elements, since they are auxiliary (secondary) components of the legislative process and are already associated with the use of tools and techniques in the course of practical normative design, formation of specific legal prescriptions.