ON THE TECHNIQUE OF LEGAL EXPERTISE OF THE ESSENCE OF CHANGES IN LEGISLATION
Abstract
Objective: to create algorithms for the study of normative legal acts and their drafts in order to solve the problem, in favor of which legal subjects the changes in the legal regulation of the relations are implemented. Methods: universal dialectic-materialistic, formal dogmatic, comparative, analysis and synthesis. Results: the method of legal expertise of changes in the legislation is proposed. The method is used to obtain an objective and verifiable conclusions about what social groups, associations, state agencies and their officials (legal entities) benefit from the changes introduced into the legal regulation of relations with their participation. Comments to the method are given. The analysis is described of the legal expertise of the Law of the Perm region of March 5, 2013 № 173-PK "On amendments to the Law of the Perm region "On additional measures of social support of certain categories of people awarded with the degree of Doctor of science" of November 11, 2009, № 538-PK (law edition of 29.11.2011 № 873-PK). Scientific novelty: a new type of legal examination of normative legal acts and their drafts is proposed. Practical value: the technique allows to make objective and verifiable conclusions about in whose favour the legal regulation of social relations is changed, as well as to to reveal the real objectives of the authors of normative legal acts drafts.
Keywords
logical rule of law,
rule addressee,
law,
obligation,
prohibition,
hypothesis,
disposition,
sanction,
actual composition,
legal position,
content and volume of the notion
Conflicts of Interest Disclosure:
The authors declares that there is no conflict of interest.
Article info:
Date submitted: 11.10.2021
Published: 30.06.2014
All authors have read and approved the final manuscript.
Peer review info:
"Russian Journal of Economics and Law" thanks the anonymous reviewer(s) for their contribution to the peer review of this work.
Editorial comment:
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About the Authors
S. B. Polyakov
Perm State National Research University
Russian Federation
N. S. Titov
Perm State National Research University
Russian Federation
References
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2. Кириллов В.И., Старченко А.А. Логика: учебник для вузов. М., 2012. 240 с.
3. Михалкин Н.В. Логика и аргументация в судебной практике: учебник для вузов. СПб., 2004. 336 с.
For citations:
Polyakov S.B.,
Titov N.S.
ON THE TECHNIQUE OF LEGAL EXPERTISE OF THE ESSENCE OF CHANGES IN LEGISLATION. Actual Problems of Economics and Law. 2014;(2):111-119.
(In Russ.)
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