SYSTEM PROPERTIES OF LEGISLATION AND ITS INTERACTION WITH A LEGAL SYSTEM |
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Author |
 Sukhodubova I. V., Doctor of Philosophy (Law Science), Assistant Professor at the Department of Theory and Philosophy of Law, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
26.12.2014 | Issues number |
2015 - № 1 (20) | Page |
268-279 |
Type of articles |
Scientific article | Code UDK |
340.134 | ISSN print |
2411-5584 |
Abstract |
Problem setting. A legal system and a legislative system are closely interrelated, but independent categories. Therefore the determination of the correct interaction between them is important. Recent research and publications analysis. The mentioned issues were researched in works of S. S. Alekseiev, P. B. Yevgrafov, A. P. Zaets, A. V. Mitskevych, S. V. Polenina, L. B. Tyunova, etc. Paper objective. The article objective is to research peculiarities of the interaction and interrelation between the legal system and the legislative system. Paper main body. The main properties of the legislation as a system are the following: 1) a legislative mandate is an initial element within its horizontal structure and a legislative act is an initial element within its vertical structure; 2) elements of the vertical structure encompass laws and subordinate legislative acts, elements of the horizontal structure encompass legislative mandates, institutes, legislation branches, which supplement the main (branch) structure of the legislation; 3) the legislation system is integral and is characterized by new integrative properties. In general the legislation is the main legal source and form of the expression of law of a certain society. The most important types of relationships of legislative mandates (hierarchic, horizontal, and functional ones) are analyzed. The legislation embodies properties of both organic and non-organic systems. It is an open system, which directs a legislator towards timely bringing the mandates into compliance with needs of a social activity and revealing and taking into account new tendencies in different fields of a social life. The legislation is a functional system, the mandates of which performing certain functions in the process of the legal regulation closely interact with one another in order to attain its final goals. Conclusions of the research. The objectively existing legal system is one of the most important factors determining a structure and the development of the legislative system. In the law-making process a legislator should take into consideration not only the existence of a certain system of valid legislation, but also system properties of the law, peculiarities of its branches, and particularities of their interaction. |
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Keywords |
Legislative system, legislation structure, legal system, legal norm, legislative act, legislative mandate. | ||||
Reviewer |
D. V. Zadykhailo, Doctor of Legal Sciences, professor, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. | ||||
External reviewer |
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Article in PDF |
1 268-279 | ||||
Bibliography |
none | ||||
Code DOI |
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This post is also available in: Ukrainian
14.11.2014
