Keyword: «legal technique»

This chapter of the monograph considers such special means of legal technique as legal presumptions and axioms. As social regulators, they are a variety of rules that complement legal norms and help to overcome the most difficult situations in legal regulation, as well as to overcome conflicts in law-making and law enforcement. The chapter focuses on the theoretical and legal emphasis and the reflection of legal presumptions and axioms in Russian legislation and legal practice. The opinions of legal scholars, examples from practice and legislation are given. It is concluded that legal presumptions and axioms, with seeming similarity, are different in their content and purpose mechanisms that are used by legal techniques for the qualitative regulation of various social relations.

This chapter of the monograph considers the legal fiction as a special means of legal technique from the standpoint of law-making and law enforcement. The article studies theoretical and legal aspects of fiction as a legal category, its application in the material and procedural law, manifestations in modern Russian legislation and legal practice. In conclusion, it is justified to distinguish legal fiction from related phenomena, such as legal presumptions and axioms.

The article deals with studies and regulatory legal acts that reveal the aspects and rules of linguistic expertise. Some problematic issues related to the linguistic expertise of bills in terms of bilingualism are highlighted

In this article the definitions of concepts of legal technique, its types, meaning for the legal sphere are considered. The question of insufficiency of the definition of «moral harm» in the Civil Code of the Russian Federation for the understanding of citizens, and consequently – the problem of protection of their personal non-property rights. Reference is made to the significance of the decisions of the Plenum of the Supreme Court of the Russian Federation for the clarification of judicial practice in order to ensure uniform application of the law.

The formality of legal documents is supported by the use of the official business style of the language in which the legal document is drawn up, since when drawing up documents, double interpretation of the meaning of words is unacceptable. There must be a clearly regulated external design, that is, the presence of mandatory details, compliance with the form established for the document, consistency and completeness of the text, accuracy of legal formulations, conciseness of presentation.