Зарубежный опыт применения юридической техники в нормотворчестве

Аннотация

Калит сўзлар: Мақолада ҳуқуқий фаолиятда юридик техникани қўллаш Ҳуқуқий фаолият билан боғлиқ хорижий давлатларнинг тажрибалари уларнинг Юридик техника ҳуқуқий тизими, норматив-ҳуқуқий ҳужжатлари, ҳуқуқ Ҳорижий тажриба ижодкорлиги, ҳуқуқни қўллаш амалиёти ҳамда нашр этилган Ҳуқуқни қўллаш монография, рисола ва ўқув қўлланмаларини ўрганиш асосида Ҳуқуқий тизим илмий таҳлил этилган. Ҳуқуқий амалиёт 1 doctor of Law, professor, Department of General Theoretical Legal Disciplines, Military-Technical Institute of the National Guard of the Republic of Uzbekistan, Tashkent, Uzbekistan. e-mail: shuxrat.80@mail.ru Жамият ва инновациялар – Общество и инновации – Society and innovations Issue -1, №02 (2020) / ISSN 2181-1415 Зарубежный опыт применения юридической техники в нормотворчестве АННОТАЦИЯ Ключевые слова: В статье на основе изучения правовой системы, нормативно- Правовая деятельность правовых актов, научной литературы, правотворческой и Юридическая техника правоприменительной практики зарубежных стран Зарубежный опыт проанализирован их опыт применения юридической техники в Правоприменительная правовой деятельности. практика Правовая система Правовая практика The author of the term" legal technique " is the German lawyer Rudolf fon Iering (1818-1892). This concept R. One of the main works of iering, "the spirit of Roman law in its development at different stages" is presented in its work [9]. But the roots of the legal technique go back several centuries. In particular, the thinkers who lived in the era of BC and in the new millennium, as well as the ideas developed in modern political and legal teachings, were on the issue of legal techniques, albeit for some time in this or that point of view. The emergence of law, the basis of certain laws in management, the interaction of a person, society and the state, the quality of law and the norms under the law, the role of ensuring legal order, the legal consciousness, culture, literacy of the population, etc., formed the doctrine and theories of legal technology. These teachings and theories were then of great importance in the creation and adoption, improvement of laws and the formation of legal consciousness, culture and literacy of citizens of certain states. In its essence, legal technology is manifested both in the process of legal creativity and in the process of exercising the right, that is, in addition to the creation of normative legal acts, it plays an important role in the development and application of documents aimed at ensuring their implementation. From this point of view, the concept of" legal technique " can be understood in a broad and narrow sense. In a broad sense, "legal technique" is a set of rules, principles, methods and means that ensure the organizational construction and interrelationships of structural structures in the entire legal system. In a narrow sense, "legal technique" is a set of rules, principles, methods and means that ensure the development and effective application of legal documents in a clear, understandable and in accordance with the existing legal system, as well as the correct introduction of amendments and additions to them. Legal technique is a reality that arises with the emergence of the right. Because, the manifestation of legal technique occurs within the framework of law. The development and improvement of law, at the same time, coincides with the improvement of legal technique. The use of legal techniques in legal activity is a creative process that is constantly evolving. In this regard, it is desirable to study the differences of legal techniques in the past and present, as well as to make effective use of the experience of foreign countries. 118 Жамият ва инновациялар – Общество и инновации – Society and innovations Issue -1, №02 (2020) / ISSN 2181-1415 In World jurisprudence, legal technology is regarded as a fundamental component of the legal system and at the same time as one of the means of improving the legal system. Since each state has its own national legal system, the requirements of legal techniques differ to a certain extent. However, even in any legal system, the effectiveness of legal activity depends in many ways on the methodology for effective application of legal techniques. Scientific research work on certain aspects of improving the methodological foundations of the use of legal techniques in legal activity is carried out in the leading scientific centers and universities of the world, including the University Harvard (USA), the University of Oxford (UK), the University zu Cologne (Germany), the Institute of legal research of the Academy of Sciences of Hungary (Vengria), the Faculty of law of the, It is conducted at the research center of Nizhny Novgorod (Russia) and Tashkent State University of law (Uzbekistan). As a result of the research carried out in the world on improving the methodological basis of using legal techniques in legal activity, the following scientific results were obtaine