SOME ISSUES OF SPECIFICATION OF THE NORMS OF LAW AND ITS DIFFERENCES FROM OTHER RELATED CATEGORIES OF THEORY OF LAW

Abstract

Today the study of ways of the improvement of the quality of legal regulation acquires particular urgency. As confirmed by the practice of legal regulation one of the factors of its improvement, ensuring legality and effectiveness, is the concretization of legal norms. Only in an orderly systematized and uniform legislation it is possible to successfully ensure the rule of law. The author of the article analyzes the main approaches to understanding the notion of concretization of legal norms and reveals the correlation of the concretization of legal norms with related concepts. The article points out that despite the rather high degree of study, today in general theoretical jurisprudence there is a problem of lack of unity in understanding the essence and legal nature of the concretization of the norms of law, the terminological inconsistency of the concept of "concretization of legal norms", criteria for distinguishing this phenomenon from related concepts of interpretation and analogy of law. Proceeding from the generalized analysis of existing theoretical views and the author's comments, the author defines a narrow and broad approach to understanding the concretization of law. Representatives of a narrow approach to the specification of law investigate only the law-making concretization of law. Representatives of a broad approach explore the concretization of the right not only for lawmaking, but also for the enforcement and interpretation of legal norms, and the subject to investigation not only the contents of the law, but also the specific features of their action. An author's clarified definition of law-making concretization is proposed, which suggests the understanding of the reception of legal technique, which is carried out by the competent body by reducing the level of abstractness of the content of the general norm (principle) in order to increase the certainty and accuracy of legal regulation of social relations, the result of which is the establishment of legal norms (principles).