Discretional Legal Technique and Technology of the Practice of Legal Regulation

Purpose of the study. The article is devoted to the analysis of discretionary legal technique and technology in the context of their connection with the practice of legal regulation of public relations. The purpose of the study is to form a general theoretical understanding of the essence and significance of discretionary legal technique as a structural element of the technology of the practice of legal regulation of social relations. Within the framework of the study, the content of the concept and the structure of the practice of legal regulation were revealed. Based on a critical assessment of existing interpretations of legal technique and technology, the author's definition of their concept and meaning is given, and provisions are formulated on the concept and meaning of discretionary legal technique as a structural component of legal technology and a functionally significant potential of legal regulation practice. Conclusions. The regularities of discretionary legal technique as an element of the technology of general legal regulation are revealed: as the degree of generalization of the rules and techniques of law-making technique of abstractly general and relatively certain normative legal prescriptions increases, the degree of uncertainty in objective law also increases; the use of legal technique in normative legal acts regarding certain and abstract-general principles and norms of law determines the demand for the corresponding discretionary powers of private and powers of public subjects of law. The law of cyclicity in the development of discretion as a factor in the practice of legal regulation is formulated. The contradiction of discretionary legal technique to the principle of legal certainty is revealed and a measure to overcome it is proposed.

legal regulation, legal technology, legal technique, discretionary legal technique, discretion, contradictions, patterns