LEGAL DOCUMENTS: FEATURES AND LEGISLATIVE REGULATION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 71)Publication Date: 2024-01-31
Authors : Yavnyy Oleksiy;
Page : 182-188
Keywords : legal document; legislation; legislative regulation; legal facts; legal expertise;
Abstract
The article studies the features of legal documents from the perspective of the practical aspect. It is determined that legal documents should not contradict current laws and policies of governing bodies. It has been established that one of the most important stages in the preparation and dissemination of legal documents is legal examination, which should be considered as an activity carried out by a competent authority with special knowledge to ensure compliance of the submitted legal documents with current legislation and international treaties. The requirements that must be observed in the text of legal documents are highlighted. It has been determined that legal compulsoryness is the main feature of legal documents, but this type of document also has other features that contribute to the formation of the definition of the concept of «legal document». It has been established that legal documents are created by both individuals and legal entities and can be official and unofficial. It is noted that in the current legal system it is important that each legal document has an external definition that reflects the essence, that is, the form of action, name, volume, place and time of adoption, signature, registration number and details of the official who signed this document. Legal documents are classified according to the nature of their creation. It has been revealed that the choice of the optimal classification of legal documents is important for the theoretical analysis and practical direction of legal documents. The features of legal examination of draft legal documents are considered. It was revealed that each legal document has a subject, an object, legal facts (for example, when issuing a certificate), as well as the place and time of publication (creation) of the «attached» document. It has been determined that the current legislation establishes clear requirements for the form and content of legal documents, as well as for specific types used in individual cases. It is also noted that, depending on the type of information, legal documents can be divided into documents containing evidentiary information and necessary for a complete, comprehensive and objective consideration of a particular case, and documents compiled by relevant government bodies in the course of their activities. The prospect of these studies in this direction is the study of technology for conducting legal examination of legal documents.
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