RULES OF COURT: THE LEGAL NATUREAND TECHNOLOGICAL FEATURES

Abstract

The article is dedicated to examination of legal nature of the rules of court, articulation of their qualitative haracteristics as well as elaboration of technological procedures of the rules of court drafting. Characteristic features of the rules of court are the following: 1) they arethe result of law making act; 2) they are adopted by specially authorized judicial bodies; 3) they envisage the rules of internal organization and procedural activity of the above mentioned judicial bodies; 4) the rules of court are by-laws by their nature in so far as they are adopted incompliance with and in accordance with the normative legal acts establishing legal status of the judicial bodies; 5) their operation is primarily directed to the judicial bodies. The abovementioned features of the rules of court reflect their main characteristics while in aggregate these features determine the legal nature of the rules of court. The law-making subjects hould furnish the rules of court draft with the above listed characteristics while preparing, adopting and promulgating the rules of court. The rules of court are of high quality if they imply all the above listed characteristics. Lack of any characteristic means deficiency of the rules of court. Drafting of the rules of court of high quality with nodeficiency implies technology of drafting and adoption of the rules of court. Technology of judicial lawmaking in volve both technical legal remedies and technologic procedures The issues of technical legal remedies for the rules of court drafting of high quality is worth being the subject offurther scientific research.