Systematization Of Law Research Articles

Codification as a way of systematizing the legislation of Ukraine

The article examines the theoretical and legal issues of the essence of codification as a way of systematizing legislation. The article states that the integration processes of adaptation of domestic legislation to the legislation of the European Union oblige the domestic legislator to adapt the country’s legal system to the requirements for its systematization established by the European community. Attention is drawn to the fact that this process conditions the revision of ideas about the essence and approaches to the systematization of legislation, the introduction of new mechanisms of law-making technology. It is concluded that codification is of great importance in these processes. The article substantiates that codification, as a form of systematization of legislation, includes official activity on improvement and systematization of legal norms, which is carried out by subjects of such activity, authorized for this. It is noted that this process is carried out by systematizing legal norms into a single codified act. Codification of legislation includes a complex process of applying a special (codification) law-making technique. It is proven that this process involves the purposeful activity of law-making subjects, aimed at processing and ordering legal acts with the aim of their systematization and consistency with the needs of law enforcement activities, avoiding gaps, collisions and shortcomings. It is substantiated that the purpose of codification is the development and adoption of a single, logically constructed and internally structured act that regulates homogeneous social relations as completely as possible. It is concluded that codification should be considered a specific method of systematization of legislation, which combines the features of official systematization and law-making activity, and therefore codification has a «dual nature», which includes both the systematization of law and the active process of creating new regulatory and legal acts. It is justified that this type of activity is aimed at the radical revision and streamlining of the existing legislation, leading to the adoption of a single, fundamental and internally and externally agreed comprehensive legal act, this act regulates the most principled and fundamental social relations. It is emphasized that, from this point of view, codification should be considered as a way of systematizing legislation, and at the same time, the law-making (or law-making) process and activities of authorized subjects in this area are the content, the essence of codification.

The essence and legal nature of the systematization of legislation

In modern conditions of accumulation over many years of a large amount of legal material, the existence of a significant array of regulations adopted at different times, in force or truncated, or actually expired, the systematization of legislation is especially necessary. In this regard, the analysis of the doctrinal understanding of the essence and legal nature of the systematization of law is relevant. The essence of the concept of systematization is based on scientific and theoretical ideas about the system and the practical use of a systems approach. In this regard, it is necessary to dwell in more detail on the theory of systems approach, as well as on the problem of the theory of the legal system and the legal system. The systematic approach involves the disclosure of the essence of the object under study through the identification of the whole complex of internal and external connections. Currently, a systematic approach is used in the study of all spheres of social and technical activities and is not a specific scientific tool of jurisprudence. However, it should be noted that the application of a systematic approach to the study of law at different levels increases the ability to identify its content and form, internal unity and delimitation, the relationship and interaction of parts, its components. Therefore, speaking about the legal system, it should be borne in mind that the internal unity, coherence, differentiation, characteristic of the entire legal system, are inherent in its elements. In legal science, the concept of system has certain specifics. In the modern legal literature you can find different definitions of "legal system". Systematization of law - is a special kind of legal activity, practice, in its implementation is manifested as a permanent form of development and streamlining of the existing legal system. Systematization of legal acts in legal practice is not only a way to optimize legislation, but also a necessary mechanism for legal education, training of lawyers, as well as law enforcement practice. It should be emphasized that in the process of balanced, progressive development of society, systematization plays a priority role in lawmaking. Lawmaking cannot stop at a certain stage, but is constantly in dynamics, the development due to the dynamism of social ties, the emergence of new needs in public life that require legal regulation. The state and legal basis of modern civilized societies is characterized by the presence of a significant number of regulations adopted by the legislature and the executive. The process of normal evolution of social relations creates a need for constant updating and increasing legislation. Legislatures are actively adopting new laws and regulations. This leads to regular modifications of legal and legal systems. The use of an updated system of legislation involves work to streamline its elements. A constant form of such work is the systematization of normative legal acts, which means the activity of streamlining normative acts, bringing them into an orderly, coherent system. The purpose of systematization of legislation is to bring regulations, through their streamlining, in a coherent system that most objectively reflects the legal system. The activity of systematization of legislation occupies one of the main places in the legal policy of the modern state. In the complex of interrelated problems that the state solves through political and managerial activities in the legal sphere of society, the priority is legislative policy, which means government activities related to the design of political decisions in the form of regulations, process optimization and techniques of lawmaking, promulgation of laws and bylaws and their systematization.

Subjects and their interests in the legal space

The article is devoted to the analysis of complex state-legal processes in conditions of global instability. The observed changes indicate the difficulties of using objective laws and sometimes arbitrary pressure of interests on the vital activity of subjects of law. Therefore, it is important to analyze the creative potential of law, which allows overcoming the difficulties of social development. This refers to the anticipatory impact of the law on the ongoing processes in the interests of civil society, the state, the individual and the citizen. Emerging contradictions between the interests of subjects reduce the potential of law. This is especially noticeable in crisis situations. We have to change legal regimes, restructure the activities of bodies and organizations, and adopt operational acts. This requires the development of mechanisms for the correct reflection of different social interests and the organization of coordinated activities of legal entities and citizens. Taking into account internal and external factors, there is a change in the structure of law. To a large extent, they are caused by digitalization and the transition to big data management, which makes it possible to expand and improve the quality of the information base of legal decisions, more accurately calculate the options for the activities of subjects and the consequences of the implementation of legal acts. Changes in the systematics of law are inevitable, which make it possible to strengthen its impact on people's lives and activities. The interaction of branches of law and legislation is intensifying, and such a new phenomenon as regulatory and legal complexes is emerging. This ensures a combination of different legal regulators to solve strategic and tactical tasks. This facilitates the adaptation of new industries and institutions of legislation in the conditions of rapid scientific and technological development. On this basis, favorable conditions are created for the formation of legal goals for the development of the state. The quality of goal setting should be organically linked to the management cycle in order to achieve them and obtain high final results. Manageability becomes an important criterion for evaluating the ratio of goals, actions and results. It is necessary to improve the work of public and other social institutions. In this regard, the active role of the state as a universal political-governing system operating on the basis of the mandate of society is analyzed, the inevitability of restructuring in the system of public power, in its relations with business and other institutions is stated. The article uses a methodology for evaluating the effectiveness of public bodies, on the one hand, and a methodology for evaluating the operation of the law and other acts, on the other. These elements are connected with the acts of a legal person and social communities. This allows you to evaluate the real effectiveness of management. At the same time, a conflict of interests is inevitable, within which legal conflicts and acute socio-legal conflicts arise. They are based on stable or mobile interests of subjects that sometimes clash with each other. The phenomenon of the “right of force” becomes particularly acute when unlawful interference in the affairs of other States is allowed under the guise of any norms and their arbitrary interpretation. Therefore, an urgent task is to develop ways to strengthen trust and coordination of actions between subjects, the use of institutions of intermediaries and mediators, as well as the potential of soft law. At the same time, the institutions of responsibility should be applied on a solid legal basis. The article is based on the methodology of the continuing continuity of legal development and new turns in the mechanisms of legal regulation. The experience of law-making and law enforcement is summarized. The latest scientific literature and materials of scientific conferences and seminars were used.

Complexity or crisis of the sources of law system in Colombia: issues and challenges according to substantive law and procedural law in case law

The legal system in Colombia and its issue to be enforceable for any person, it may be known from a context of crisis or complexity, all about the various typologies of sources that mainly work according to case law, where they are constantly in tension, in addition to their concretion of that interaction, among others, the right to equal protection and the principles of legal certainty and predictability of law, all of them are the basis for any well-organized society that can be declared constitutionally as a rule of law. Therefore, this research aims to the characterization and systematization of law from case law that is created from sub-rules that define substantive and procedural contents for any issue according to the case study, all of those situations have shown the current crisis status and the complexity in the legal system and their effect to produce the final aim of this research composed by three parts (part I, part II and part III), all according to the term that we have named general clause of the sources of law in Colombia.

СИСТЕМАТИЗАЦИЯ ПРАВА АНГЛИИ В НАЧАЛЕ XVII ВЕКА: ЗНАЧЕНИЕ ИДЕЙ ФРЭНСИСА БЭКОНА

Introduction: in the year of the 460th anniversary of the birth of Francis Bacon, an English philosopher and lawyer, statesman and court practitioner, of special relevance is research into Bacon’s contribution to the development of theoretical and organizational bases of the law reform and the technique of law systematization. In his works, Bacon put forward a set of ideas concerning rationalization of common law and novelization of statutory law in early modern England. Purpose and objectives: to identify the features of legal discourse and dogmatic opposition between legal corporations of lawyers of common and civil law; to analyze their influence on the formation of Bacon’s legal worldview; to determine his contribution to the development of the concept of the ‘reform of law’ and the doctrine of the sources of law in Anglo-Saxon jurisprudence; to evaluate the content of his theoretical treatises and legislative proposals concerning the systematization of statutory and case law in early Stuart England. Methods: in the course of the study of Bacon’s development as a thinker and his career advancement, we employed methodological approaches such as dialectical, cultural, general historical, sociological, dogmatic. When analyzing Bacon’s legal ideas and doctrines, his legislative projects and theoretical writings, we applied both general scientific methods (system-structural and formallogical, inductive and deductive) and special legal methods of cognition: historical-legal, comparative- legal and formal-legal, as well as methods of legal hermeneutics, interpretation, and juris linguistics. Results: we have formulated the definitions of the ‘reform of law’ and ‘systematization of law’ in the context of the legal discourse of early Stuart England and specifically in the framework of Bacon’s teachings; studied the directions of Bacon’s activity aimed at improving the judicial procedure and evidentiary practice, at unifying the law within the Anglo- Scottish union, and also the special model of the gradual reform of English law developed by Bacon. He defined the proper legal and technical conditions for the systematization of law, the necessary elements of legalistics, and the ‘general part’ in the form of a list of legal maxims andregulis juris provided in his translation. Conclusions: according to Bacon, ‘schematism’ of reforming the law involved several successive stages. We have established the following scheme of legal systematization as the ultimate goal of the legal reform according to Bacon’s plan: review and revision of statutory law – chronological incorporation of statutes and precedents – thematic hybrid codification (or consolidation) – creation of a ‘digest’ (corpus of laws) as a final document.

О сущности и понятии нормативного правового текста

The question of the essence and understanding of the normative legal text is complex, affecting many legal and theoretical problems: legal understanding; the relationship of the legal system and the legal system; understanding the method of regulatory regulation and systematization of law; understanding the rule of law itself and its interpretation as a specific legal activity, as well as a number of aspects of legal technology.
 Variations of research on the presented topic have been the subject of various Humanities, such as philosophy, sociology, or even philology. However, previous studies did not provide a clear understanding of the phenomenon in question. Based on the analysis of different points of view and approaches, the author of the article examines the essence of the normative legal text, formulates its concept.

ANALYSIS OF VILLAGE REGULATION BASED ON LAW NO. 6 OF 2014 CONCERNING VILLAGE, IN THE VILLAGE OF ESANDOM ONE DISTRICT MINAHASA TENGGARA

- The purpose of this research is to find out the implementing regulations of Law No. 6 of 2014 that have existed until now, namely the technical regulation of Regulation of the Minister of Home Affairs Number 113 of 2014 concerning village financial management, which is transparent, accountable, participatory, and carried out in an orderly and budgetary discipline. This research is normative juridical, which is examining the principles of law, legal principles and systematics of law. Data obtained by library research and field research. Literature research is intended to obtain secondary data, while field research is intended to obtain primary data to support secondary data. Based on the results of research that Esandom Village One has implemented Regulation of the Minister of Home Affairs Number 113 of 2014 well based on transparent, accountable, participatory principles, and is carried out in an orderly and budgetary discipline in terms of village financial management, which is illustrated in the implementation of village finance that explains how development in Esandom Village one has been carried out in accordance with applicable regulations. Keywords: Management Finance Village

The Formation and Systematization of Law in Korean ancient society

한국 고대사회에서 불문법으로서의 관습법, 성문법으로서의 율령 은 주요한 키워드임은 틀림없다. 그러나 율령은 중국으로부터 수용된 법체계이기 때문에 고유/외래적 성격, 율령 반포 이전/이후의 연속성 등의 문제가 논란이 되어 왔다. 다른 한편으로, 불문법에서 성문법으로의 전환에서 관습법 이 어떠한 의미를 가지는가에 대해서는 설명이 많이 부족한 상황이다. 이러한 문제 제기를 출발점으 로, 법체계를 제정법에 한정시키지 않고 평범한 행위자들 사이의 법이자 제정법의 法源으로서의 관습법을 포함하여 사회를 이해하고자 하였다. 다른 한 축으로는 사회 구성원들의 습속, 관습으로부터 시작되어 사회적으로 공식화하는 법의 형성 과정과 발전이라는 큰 틀에서 고대법을 설명하고자 하였다. 고대법의 기반은 사료에서 사회 구성원들을 규제하는 행위규범으로 등장하는 법과 속이었다. 속은 자연적, 경제적 여건으로부터 형성된 공동체 성원들의 의, 식, 주를 토대로 오랫동안 반복적으로 형성되어 온 공통된 성향이며, 인문·사회적 요소를 포괄하는 것이었다. 법은 ‘협의의 법’으로서 형법의 범주에 있으며 위반사항에 대한 제재가 동반된다. 이러한 속과 법이 고대사회에서의 관습법이었으 며, 이러한 행위 규범이 법적인 효력을 가지는 데에 공적 권력의 결정과 제재가 작동되는 것이었다. 이에 따른 법의 체계는 공적 권력에 의한 결정과 제재를 통한 규칙이 형성된 규제법과, 사회구성원들끼리 ‘관습을 따르는 것이 의무’라는 믿음이 전제된 관습법으로 설명할 수 있을 것이다. 고조선의 ‘범금 8조’의 경우, 제재의 주체가 개인, 공동체, 제3자의 개입·중재로 다양하게 나타나지만, 부여의 ‘用刑’을 시작으로 고구려에서는 귀족의 ‘評議’로 구체화된다. 더욱이 신라의 <냉수리비>에서는 귀족들의 ‘共論’이 언급되기도 하는데, 결국 최종적인 결정권자는 왕이었다. &#985172;삼국사기&#985173; 에 등장하는 ‘왕법’은 왕명에 따른 법을 뜻하는 것이었고, 그 과정에서 귀족들의 평의도 결정에 일정정도 영향을 미쳤던 것이다. 왕이 귀족들에 대한 배타적인 권력을 독점함으로써 왕은 초월적 지위를 가지게 되었으며, 이는 국가체제의 정비와 함께 이루어진 일이었다. 율령의 반포는 국가체제 정비의 일환이었으며, 국가 시스템에 의해 작동되는 규제법은 신라 <적성비>에서 언급되었던 ‘국법’이라고 할수 있다.It is clear that customary law as a unwritten law, and Yulryeong (律令) as a statute law are main key words of Korean ancient society. However, since Yulryeong is a legal system accepted from China, there has been controversy about its nature whether it is indigenous or foreign, and about continuity between before and after the promulgation of Yulryeong. Meanwhile, there is much lack of explanation as to the meaning of customary law in the transition from unwritten law to statute law. Taking this problem posing as a starting point, this study attempted to understand the society by including the customary law as the law between the ordinary actors and the source of the law of legislation, without limiting the legal system to the legislation. On the other hand, this study tried to explain the ancient law through the large frame of the formation process and development of the law which starts from the folkways and customs of the social members and was formalized socially. The foundation of the ancient law was a law and folkways that emerged as a norm of behavior that regulates members of society in the historical records. Folkways are common tendency that has been repeatedly formed over a long period of time based on the food, clothing and shelter of the community members formed from natural and economic conditions, and they encompass humanistic and social elements. A law is a narrow-scope law , which is in the category of criminal law and accompanies sanctions for violations. These folkways and law were customary law in ancient society, and the decision of state power and sanctions were operated to have the legal effect of these norms of behavior. Therefore, the system of the law can be explained by the regulatory law which is formed by the decisions and sanctions by state power, and the customary law which is based on the belief that observation of customs is a duty among the members of society. In the case of Gojoseon s Beomgeum 8 clauses(犯禁八條) , the subject of sanctions is varied by individual, community, and third party intervention and arbitration. However, starting from use punishment(用刑) of Buyeo(夫餘), conference(評議) of the nobility appeared in Koguryo(高句麗). Moreover, the deliberation(共論) of the nobles was mentioned in the Silla Stele of Naengsuri in Yeongil, and the final decision maker was the king. The King s law, which appeared in The Chronicles of the Three State(三國史記), meant the law according to the king s command, and the nobles conference also had some influence on the decision. By monopolizing the exclusive power over the nobles, king secured transcendent position, and this was conducted with the maintenance of the state system. The Promulgation of Yulryeong was a part of the maintenance of the state system and the regulatory law operated by the state system could be called the state law mentioned in the Silla Stele of Jeoksung in Danyang.

The Juridical Approach of Truth

Finding the truth is considered by many people envolved in a lawsuit as the ideal of justice, beyond punishing those who are guilty for committing crimes, the obligation to recognize the subjective rights’ violation or the compensation for damages. In certain situations, a partial truth becomes similar to injustice. The legislators have turned the finding of truth into a fundamental principle of law, quite abstract in comparison to formal, direct norms, with provisions that require a minimum margin of interpretation. Taken in this formalism, law scholars, judges and lawyers, especially after a long period of time, may no longer relate to fundamental values, including the finding of truth. The compromised truth leads to a misapplication of the law and, implicitly, to a vicious court decision on litigation. One af the arised question is whether the legislator himself should be mindful of the truth in the law-making process. The approaches may be diverse: substantiation of norms, simplification of procedures, systematization of law towards the predictable and understandable solution to legal conflicts.

Upaya Perubahan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

The Fiduciary Act should provide legal protection of the parties and legal certainty, but on the other hand there are still some weaknesses of the Fiduciary Act. This paper analyzes the weaknesses of Act Number 42 Year 1999 on Fiduciary and the need for revising the Act. The type of research is a normative legal research or library which includes a study of the principles of law and the systematics of law. The research uses the statute approach and the conceptual approach. Based on the analysis it can be concludde that it requires to revise the Fiduciary Act. Legislators should produce the law not only ensuring the legal certainty but they also can provide the law presenting justice and prosperity for the people. Revision of the Fiduciary Act is expected to provide maximum protection to the people who use the fiduciary as a guarantee agency; so that the justice will be obtained by the people to create a conducive atmosphere in the economy to increase the prosperity for them.

Теоретичні альтернативи систематизації права

In this article the author examines the conceptual problems which the post-soviet jurisprudence meets when dealing with systematization of law, to wit with constructing an order of the legal material and with explaining of unity of law. The author critically reassesses the existing doctrine of divisions inside the law which are led on the base of such criteria as object and method of legal regulation. Subjective nature of these criteria is revealed in this article. From the theoretical standpoint, these criteria turn out to be devoid of sense, as they solely fix conventions of a legal community; one cannot verify significance and veracity of these criteria through a scientific analysis. The author also challenges the conception of systemacity of law which is based on a mixture of value judgments and of facts obtained from description of the positive law. These conceptions of the post-soviet jurisprudence are irretrievably connected with the vulgarized Marxist-Leninist philosophy. As a theoretical alternative to them, one can recur to the conception of «Normative Systems» which were elaborated in the 1970-s by the Argentinean scholars C. E. Alchourron and E. V. Bulygin and which gained a wide acceptance in the Western legal philosophy.