CODIFICATION OF CIVIL LAW: DEFINITION AND ESSENCE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
In the article the author analyzes the definition of codification codification of legislation, analyzes the problems of codification of civil law as a way of enhancing the efficiency of legal regulation. Author define of concept of the codification of civil law. The authors analyzes the definition of codification, codification of laws, analyzed problems codification of civil law as a way of improving the efficiency of regulation. In the study, stressed that the codification viewed from different angles of scientists. In particular, the term «codification» has found unequivocal definition in the legal literature. Groups of scientists consider «codification» in the following main dimensions: firstly, a regulation of the law, accompanied by processing their content, obsolete and adoption of the new law, the union of normative material in a single, logically coherent, based on scientific principles system. Secondly, as a result of the processing of certain regulatory and solid construction it into a document. Thirdly, in the context of the authorized bodies of the government, aimed at the development, adoption and implementation of the new, both in form and content, the legal act of increased stability. The essence of codification is that it regulates a large part of the current legislation, uniting them in a particular area of law, changing, adding and transforming it. It was noted that the term «codification» and «incorporation» are, although similar in content, but not identical. This article identifies the key prerequisites codification: legal, political, intellectual and economic. The authors formulated a definition of the concept of codification of civil law.
Authors and Affiliations
А. С. Амеліна, М. С. Філоненко, П. Р. Левчук
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