Transformation of the Theory of Systematization of Legislation in the Era of Digitalization of Law

Abstract

Provisions on the systematization of legislation, primarily on incorporation and codification, have been actively developed by European and domestic legal science for about two centuries (the 19th century is often characterized by lawyers as the century of codifications). The foundations of the domestic theory of systematization of legislation were laid by the Russian pre-revolutionary jurisprudence. Many provisions, the content of which was clarified in the 60-80s of the 20th century, are in use almost in the same form now. Modern theoretical and branch legal science, legislation (laws on normative legal acts in force in the post-Soviet space, their projects) proceed from the importance of legal systematizing activity, its individual varieties (incorporation, codification, consolidation). Meanwhile, the development of legal systematizing practice and legal science, including in modern conditions of digitalization of public relations, significantly transforms the traditional content of the theory of systematization of legislation. Codification, with good reason, is increasingly being considered as a kind of law-making, rather than law-systematizing activity. The value of incorporated collections is falling; their functions are taken over by legal reference systems (both official and unofficial). Computer based reference systems have become the main form of both systematization and incorporation of legislation. The characteristics of consolidation that distinguish it from codification and law making are not sufficiently clear. The general concept of «systematization of legislation» may well be limited only to the external processing of normative material. Everything connected with the so-called internal systematization (codification and aspects of law-making in the consolidation of legislation, compilation of a single normative legal act as a result of systematization, cancellation of previously valid acts) can be transferred to the theory of law-making and considered within its framework. The subject field of the theory of systematization of legislation is being modified, this entails changes in the content of the basic terminology used both in science and in legislation.