LEGAL CONSTRUCTS AS AN ELEMENT OF RULE-MAKING TECHNIQUE CONCEPT

Abstract

The study examines current issues of rule-making technique, in particular legal constructs, as its significant element. It is noted that rule-making technique is often identified with legal technique.Legal construct is considered as a key element of legal technique in the field of rule-making ensuring clarity, logical consistency and effectiveness of legal regulation. The study identifies and describes in detail four main features of legal construct.First, it is a logical structure. A legal construct has a clear internal organization and interconnection of elements, which ensures its integrity, functionality and effectiveness. The logical structure is the framework on which a legal construct is built and determines the method of organization and interaction of elements to achieve effective legal regulation. Second, it is universality. Legal constructs can be used to model various legal phenomena regardless of the field of law. This property is stipulated by the abstract nature of legal constructs and their focus on reflecting the general patterns of legal regulation. Third, it is functionality. A legal construct serves as a tool for achieving specific goals of legal regulation. It is always aimed at solving a specific task and ensuring the desired result in the field of legal regulation of social relations. Fourth, it is formal certainty. A legal construct receives its external expression in the text of a legal act.This feature ensures exactness, clarity and unambiguity of legal regulation, making the legal construct understandable for subjects of law and suitable for use in law enforcement practice.It is summarized that a legal construct is a logically arranged model that reflects the essential features and relationships between legal phenomena for the purpose of their normative consolidation. It is the result of the intellectual activity of the subject of rule-making, aimed at shaping the optimal form of a legal norm.