TECHNICAL LEGAL ERRORS: CONCEPT, TYPES AND PLACE IN THE CLASSIFICATION OF LEGAL ERRORS

Abstract

The purpose of the scientific article is to classify legal errors on various legal grounds and provide detailed disclosure of technical legal errors. The implementation of this goal will make it possible to distinguish between existing errors and contribute to their prevention and rapid elimination by competent entities in the implementation of their professional activities. The methodological basis of scientific research consists of the formal legal method, extrapolation, system method, analysis and synthesis. The result of the article is an analysis of the system of classification criteria and types of legal errors, namely: by the degree of certainty, by legal significance, by the motivation of the subject’s volitional activity, by the types of professional activity. It is established that in the course of law-making activities, subjects often make technical legal errors, which are a separate type of legal errors. The article analyzes the arguments of scientists regarding the definition of the concept of technical legal errors and formulates their own understanding of the generic concept, according to which a technical legal error should be interpreted as a type of law-making error, which consists in violation of law-making technology by a competent subject, and, as a result, negatively affects the quality of the relevant normative legal act and national legislation in general. The main signs of technical legal errors are identified and their classification is carried out on various grounds. Special attention is paid to the classification, according to which technical legal errors are divided into: linguistic, logical and procedural. Each type of such errors is illustrated with a specific example based on the norms of modern legislation, in particular, Criminal Code of Ukraine and the Law of Ukraine “On the Security Service of Ukraine” are given. It is noted that the tendency to reduce the quality of normative legal acts is the haste to consider important issues and, as a result, to systematically make mistakes in practical activities. Therefore, the main task of the state’s legal policy is to reduce the number of errors that have a significant negative impact.