TY - JOUR

T1 - Роль языка в обеспечении понятности и определенности нормативных правовых актов

AU - Белов, Сергей Александрович

N1 - Funding Information: St Petersburg State University, 7–9, Universitetskaya nab., St Petersburg, 199034, Russian Federation For citation: Belov, Sergei A. 2022. “The role of language in providing intelligibility and certainty of normative legal acts”. Vestnik of Saint Petersburg University. Law 2: 293–308. https://doi.org/10.21638/spbu14.2022.201 (In Russian) Clearness (intelligibility) and certainty of content are required from normative legal acts in the contemporary legal doctrine and in judicial practice (especially in the practice of constitutional courts). These requirements primarily concern language of texts of normative legal acts, as most lawyers find guarantees of accessibility for understanding by most of addressees * The reported study was funded by a grant from the Russian Science Foundation, project No. 19-18-00525 “Understandability of the official Russian: Legal and linguistic issues”. Publisher Copyright: © 2022 Rostovskii Gosudarstvennyi Meditsinskii Universitet. All rights reserved.

PY - 2022

Y1 - 2022

N2 - Clearness (intelligibility) and certainty of content are required from normative legal acts in the contemporary legal doctrine and in judicial practice (especially in the practice of constitutional courts). These requirements primarily concern language of texts of normative legal acts, as most lawyers find guarantees of accessibility for understanding by most of addressees in the textual fixation of legal norms. The question of how texts of normative legal acts can provide this - the question lying on the border between law and linguistic - is not answered today. Lawyers focus on ways and means of interpretation of texts, and these ways and means are treated as universal principles and dogma, but this is a solution for extraction of legal norm that often does not guarantee certainty and usually does not provide intelligibility. This article demonstrates rules of making normative acts which can provide intelligibility and certainty as interconnected but autonomous and independent requirements to legal texts basing on joint legal-linguistic researches of intelligibility and certainty of legal texts. There is a tension between requirements of intelligibility and certainty, though it should not be exaggerated, as the effective measures providing these two do not conflict and could be realized together. Fulfilling these requirements working out all normative acts should be accompanied with description of their meta-normative parameters, inter alia - description of addressees of normative prescriptions of norms of these acts as well as signs of occurrences, conditions and circumstances significant for the content of legal norms and its applying.

AB - Clearness (intelligibility) and certainty of content are required from normative legal acts in the contemporary legal doctrine and in judicial practice (especially in the practice of constitutional courts). These requirements primarily concern language of texts of normative legal acts, as most lawyers find guarantees of accessibility for understanding by most of addressees in the textual fixation of legal norms. The question of how texts of normative legal acts can provide this - the question lying on the border between law and linguistic - is not answered today. Lawyers focus on ways and means of interpretation of texts, and these ways and means are treated as universal principles and dogma, but this is a solution for extraction of legal norm that often does not guarantee certainty and usually does not provide intelligibility. This article demonstrates rules of making normative acts which can provide intelligibility and certainty as interconnected but autonomous and independent requirements to legal texts basing on joint legal-linguistic researches of intelligibility and certainty of legal texts. There is a tension between requirements of intelligibility and certainty, though it should not be exaggerated, as the effective measures providing these two do not conflict and could be realized together. Fulfilling these requirements working out all normative acts should be accompanied with description of their meta-normative parameters, inter alia - description of addressees of normative prescriptions of norms of these acts as well as signs of occurrences, conditions and circumstances significant for the content of legal norms and its applying.

KW - difficulties of understanding of documents

KW - intelligibility of legal language

KW - intelligibility of official documents

KW - language of legal documents

KW - legal certainty

KW - legal communication

KW - making legal documents

KW - normative acts

KW - difficulties of understanding of documents

KW - intelligibility of legal language

KW - intelligibility of official documents

KW - language of legal documents

KW - legal certainty

KW - legal communication

KW - making legal documents

KW - normative acts

UR - http://www.scopus.com/inward/record.url?scp=85137614131&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/a5798214-cb86-3b74-bcde-b0a29dbc77f0/

U2 - 10.21638/spbu14.2022.201

DO - 10.21638/spbu14.2022.201

M3 - статья

VL - 13

SP - 293

EP - 308

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 2

ER -