LEGAL TECHNIQUE AND TECHNOLOGY: THEORY AND PRACTICE

Abstract

Knowledge of legal techniques and technology is formed by scholars and practitioners based on the study of legal reality, the generalization of the experience of lawyers. The law-making technique reflects the interaction between theory and practice, fundamental and applied knowledge. Of particular urgency is the study of legal techniques and technologies at this stage, when there is expansion of the boundaries of European international law-making activities. This extension is fixed in the constituent documents of intergovernmental organizations and requires the state to make deliberate efforts to ensure preparation for the implementation of international law in the national legal field. Treasury technical legal knowledge to each representative of the legal profession is necessary to perform the most common tasks and personalized in relation to the tasks and functions included in competence. With legal the legal technique associated with the creation of legal acts that forms its main and perhaps the output part. Another important element is technique law enforcement. Legal technique – theoretical and applied legal science, which studies the regularities of rational legal work on the creation, interpretation and implementation of law. In the system of jurisprudence legal technique solves the problem of systematization of knowledge about methods and techniques of legal experience, formed the General theory of law, branch of applied and legal sciences. The main criterion for the classification of legal technique are the stages of legal regulation (legislation, rights of action, realization of the right). Thus there are six types of legal technology: law-making technique; the technique of publication of normative legal acts, systematization of legal acts; interpretation technique; a technique of implementation of law; law-enforcement. Legal technology is a resource provided complex legal activities which includes a system of logically interrelated operations, is determined by the level of development of legal system of society. Such legal activity is based on knowledge about the optimal interaction of legal, legal-technical and technological means used to achieve certain legal objectives and entails certain legal consequences. The operational distinction between the concepts of legal technique and legal technology is based on the understanding of the legal activity that is considered from the point of view of instrumental characteristics, such as the unity of static (technical) and dynamic (process) aspects. The absence of the law of Ukraine about normative legal act leading to a biased interpretation of the law that is most pronounced in the application of the law. The laws were written not for lawyers but for ordinary people. Therefore, their meaning should be clear. The process of interpretation occurs mainly in the human consciousness in the form of various internal intellectual and volitional operations (understanding of requirements), which find outward expression (explanation) in the form of the interpretation act, legal advice.