CERTAIN PROBLEMS WITH THE USE OF TERMS IN LEGISLATION
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_233Keywords:
Legislation, terms, authenticityAbstract
The author of the article expresses his views on the use of terms in the text of legislation in the state language.It should be noted that in the first years of independence, the language of legislation should be fluent and understandable, and the gross mistake of taking terms differently depending on the context still persists.
Emphasizing the relevance of the problem of terminology in jurisprudence, the author focuses on the role of language in the accurate expression of the will of the legislator.He proves by examples in the current legislation that the invention of new terms, considering that it should be understood according to the meaning of the text while applying the legislation, impedes the implementation of the law, that a legal concept becomes a legal term only when it is enshrined in a legislative act and formalized in the appropriate official form.He notes that the different use of terms used in the law in the press confuses the public.
The author refers to the article by Gulzhazira Aktorekyzy Ilyasova published in issue No.1 (46) of the Bulletin of the Institute of Legislation of the Republic of Kazakhstan in 2017, to prove that opinion as one word-one concept in normative acts is an invariable principle, that the use of polysemantic words, synonyms in one law and laws that are similar to each other leads to non-implementation of the law.Expressing his agreement with the author's opinion, he emphasizes that the structure of the sentence should not contradict the need for a deep and final nature of the regulated object, should not infringe the legal meaning, accuracy, clarity and completeness of the text of the legislation.