The correct understanding of the provisions of the law by citizens is a prerequisite for the effectiveness of constitutional and legal reforms. The legislation of the state should be understandable, accessible to the subjects of specific legal regulation, in general, to the general population. In order for the population to correctly understand the norm of legislation and apply it correctly, the content of the law, that is, the language of lawmaking, should be simpler, closer to the literary language.
Therefore, it is necessary to correctly understand the rules of law by members of society, correctly apply the norms of law, correctly guide them in practical activities, and accordingly improve and develop the legislative language for the effectiveness of ongoing legal reforms. The development and professionalization of the language of the law is necessary to combine the clarity and completeness of the provisions in the text of the law. In turn, it eliminates the possibility of its spontaneous discussion and distortion in law enforcement practice.
The content of law is correctly understood by members of society and properly implemented in practice, in turn, imposes some requirements on legislators regarding the language of law. In particular, the first requirement for the language of law is its clarity. Only when the language is clear and clear will the law become clear to the subjects to whom it is directed. As a result, it is correctly understood and realized. Accordingly, the comprehensibility of the rule of law is such that the content of the law, that is, the language of writing the rules of law, is clear and simple enough to allow all members of society to clearly, correctly understand it. Therefore, the content of the law should be simple, text in such a light language as the people understand. This can be achieved only through the simplicity, ease of use of the word, which is used primarily by the subjects involved in the law-making process in the formation of the content of the law. Thus, in the text of the adopted law, it is necessary to use simple words and phrases, terms that are understandable to the subjects of legal relations, often used in everyday life. Accordingly, in the formation of a draft legislative act, its adoption, it is necessary to resort as little as possible to the use of legal, industry terms, phrases that are unknown to the population without special education. It is better not to abuse such terminology that is incomprehensible to the general population. And if there are full-fledged terms that allow you to clearly and unambiguously understand the meaning in the language used daily, it is better not to use professional concepts in the legislation.
Clarity of the language of law the clarity of words, terms, phrases reflected in the text, the complete completion of the legislator's thought.
The second requirement for the language of law is the accuracy of the language of law. One of the main tasks of improving the language of law and its quality can be considered the clarity and concreteness of legal norms, the clear compliance of the text content of the law with the goals and ideas of legal regulation of the subjects participating in the legislative process. Each term, phrase, sentence used in the text of the law must be clearly defined and clearly expressed in absolute terms, so as not to be interpreted in different ways, to be understood in different ways. Accordingly, this requirement implies a one-sided linguistic expression in which the accuracy of the legal language makes it possible to correctly, in one sense and fully understand the essence of legal rules. In general terms, the existence of legal norms as understood in only one sense is set out in Article 24 of the law "on legal acts". "The law "on legal acts" establishes that the provisions of laws and general legal acts should be as concise as possible, contain a specific meaning and contain a single meaning that is not subject to various interpretations.
It can be said that one semantic requirement is preserved in the text of the law only on the basis of the correct use of words, phrases and the presence of a logical connection between them. Otherwise, there is a clear and imprecise content of the norms of the law, and, accordingly, its ambiguity.
The third requirement for the language of law is that it be short. When composing the text of the law, it is better not to express it in very long, complex sentences. The reason we say so is that due to complex textual sentences, it is quite possible that the law loses its essence, its final meaning. Therefore, the terms used in the development of draft laws and, accordingly, sentences should be as short as possible. You should try not to resort to long phrases consisting of two or more words as terms.
Karlygash USEINOVA,
Head of the Department of theory and history of state and law, constitutional and Administrative Law, Associate Professor, candidate of law.
Aigerim ZHARBOLOVA,
senior lecturer, candidate of law
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