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YANGI O'ZBEKtggMI PEDAGOGL
THEORETICAL AND LEGAL ISSUES OF CODIFICATION OF LEGISLATION IN THE CONDITIONS OF DIGITIZATION Ashuraxunova Shahnoza Tohir qizi
TSUL, doctoral student
ARTICLE INFO
ABSTRACT
Qabul qilindi: 10-May 2024 yil Ma'qullandi: 15- May 2024 yil Nashr qilindi: 23- May 2024 yil
KEY WORDS
legal system, codification, general legal codification, sectoral codification, institutional
codification, functional codification
In this article, some theoretical and practical problems of legal systematization, types of codification, in particular, general legal, sectoral, institutional, functional codification, their content - essence, purpose, brief history, opinions on the types of codification that are increasingly needed in the legal system of our country in the conditions of today's digitization is reported.
Introduction
Systematization of legislation is important from the point of view of increasing the efficiency of legal regulation, at the same time norms. In order for the process of systematization to ultimately achieve positive results, it requires scientific observation and theoretical justification.
Legislation to be as effective as possible requires the commonality of the following three aspects, that is, the systematicity of legislation (formation of a single system); that it is proportionate without internal conflicts; requires the prevention of excessive repetitions in regulatory and legal documents..[1:2]
Codification plays a particularly important role in ensuring the internal system of legislation. It is known that the code is a law that represents and summarizes a normative complex (array) in the field of certain law (legislation). The Code is superior to ordinary laws due to the logical coherence and proportionality of the legal norms included in it, their systematic placement in the network of law and the field of legislation. In the process of creating a code, all legal documents and regulations in the field of law (legislation) are "revised" and reformed anew. By creating a code, legal norms in the network, regulatory and legal documents of various levels are analyzed, processed, will be condensed and improved.[2:3]
Material and methods
Analysis and synthesis of scientific knowledge, logical approach, historical-legal, comparative-legal, statistical and other methods of scientific knowledge were used to study the issues related to the research topic.
Analysis of the results of the study
Codification performs two interrelated tasks, i.e. improvement of both content and form of legislation. The large number of laws and the fact that they are aimed at regulating a
narrow range of issues lead to the fact that the expected effect from them is low. This is clearly visible as the legal system develops and the regulation deepens, the issuing of separate normative-legal documents on a narrow range of issues, in turn, leads to an increase in the base of normative-legal documents. Therefore, the possibility of mutual inconsistencies and conflicts will increase during the current regulation.
Therefore, it is necessary to pay special attention to codification. Because the codes include existing norms tested in social life and new rules that take into account the future development based on the requirements of a certain stage of social life.[3:4]
Based on the analysis of codification experience in our country and foreign countries, scientists distinguish three main types of this process. Below we will focus on the purpose, specific features and rules of each type of codification.
First, general legal codification essentially means systematization of existing legislation at the national level in a general form. As a result of this type of codification, a single, unified normative-legal document will be valid in the life of the state and society. It is not allowed to have other laws or by-laws, and updating and changing the legislation is done by making changes to the unified code.
This means the adoption of a number of codified documents in all main sectors and the creation of an internally coordinated system of documents in the form of a unified "code of codes" (for example, a set of laws) as its next step.
Common law codes were very popular in the past. Roman law had several such codes. In particular, the Pauline and Ulpian codes have been the only source of Roman law for a long time. And Justinian's code acted as a general legal code that vividly reflects the development of Roman law. This type of codification was also carried out in the Middle Ages, in particular, a set of legal norms known as "Barbarian Truths" can be cited as an example. In Russia, the "General Church Collection" (Sobornoye Ulozheniye) of 1648 and the Collection of Laws of the Russian Empire of 1832 were the products of general legal codification. [4:4] "In this process of codification, the following basic methods were used: to express the articles based on one normative-legal document with the same words without changes;
expressing the articles based on several normative and legal documents with the most important and comprehensive words among them and supplementing them with additions and explanations from other documents;
each item must store information about the law and legal document on which it is
based;
in the case of a conflict, relying on a document adopted later than the rest; shortening, simplifying and expressing complex texts in an understandable way without special statements."
Currently, common law codification is almost not used in the world's legal systems. US law collection only, excepted. Because the current social life is so comprehensive and complex that no matter how perfect the legislative technique is, it is certainly difficult to regulate it on the basis of a single normative legal document.In addition, if the legislation is systematized into a single document, its size will be extremely large, and it will be very difficult to find one or another norm from its content. Therefore, this form of codification can be assessed as an old value that has taken place in the history of its development. If we look at the history of
codification, the collection of laws of the Russian Empire in 1832 corresponds exactly to the type of general legal codification. This collection consists of 15 volumes, and already at that time citizens stated that they face contradictions in its application and are dissatisfied with it. Moreover, such a document was very unstable, because the fast-paced social life required constant changes and additions to it.
In this sense, in our opinion, in the conditions of modern globalization, that is, the constant emergence of new social relations that need to be regulated day by day, does not require the introduction of general legal codification into the legal system of our country.
The second is sectoral codification, and this type, by its essence, consists in expressing the provisions of normative legal documents related to a specific field of law in the form of a single legal document based on a single subject and method of regulation. The law created as a result of this type of codification is considered the main, and sometimes the only, source of the relevant field (for example, the Criminal Code of the Republic of Uzbekistan).
Sectoral codification was widespread and effective in the 19th and 20th centuries. It was this type of codification that ensured the full formation of the Romano-Germanic legal system. A carefully planned codification in France in the early 19th century replaced local, unsystematic, conflicting, and casual feudal legislation with a unified legal system that was effective within a few years. Some components of this system (for example, the French Civil Code - the Napoleonic Code) are still in force with significant amendments. In the 1990s, sectoral codification began to be widely implemented in all CIS member states, especially in the Republic of Uzbekistan. In most cases, sectoral codification is the final stage of the emergence of a new field of law and its official recognition in its own way. As an example, we can cite a number of Customs, Tax, Election and other codes that were previously unknown to the legal system of our country.
As we have already mentioned, industry codes play a crucial role in the legal regulation of the relevant industry. This, in turn, determines the special features of their structure. It is known from the studied foreign experiences that the industry code should consist of two parts. Its first (general) part embodies the general provisions of this field of law; description of the main concepts of the code; basic principles of legal regulation; list of main participants of legal relations; basic legal schemes and other principled issues. General parts are described in abstract form.
The second (special) part of the sectoral code expresses the direct rules on the behavior of the participants of legal relations. These rules are expressed in a casual way (especially evident in the Criminal Code), but the abstract way is not denied.
Not every code is considered the only source in its field, but in any case, a special part of the code regulates the most typical, fundamental relations of the relevant field and serves as a basis for other sources (law, regulation).
The third, institutional codification, by its nature, meant the unification of legal norms valid within a sub-field, institution or sub-institution under a single normative-legal document. Currently, this type of codification is widely used at a time when the legislation is rapidly developing and the fields of law are becoming structurally complex. As a result of the expansion of the scope and complexity of the structure of the legislation, the institutions that are part of the legal spheres are increasingly becoming important elements of the legal system, and the need for their separate systematization is felt.[5:4]
Different approaches to the classification of codification types can be observed in some jurisprudential literature. In particular, a group of scientists divide codification into groups according to the content and characteristics of codes, including functional codes. M.A. Akhmedshayeva, Doctor of Legal Sciences, stated that today new trends are taking place in the content of the codification process, in the legal system of our country, there is a greater need to adopt functional codes (budget, election, etc.) in contrast to sectoral codes such as citizenship.
Conclusion
Based on the above, it can be concluded that systematization of legislation, in particular, codification is an important process in increasing the effectiveness of legal regulation and law enforcement, and in order to achieve positive results in this regard, direct codification, its types, purpose, regulations and a number of similar issues, it is appropriate to carry out extensive scientific research, theoretical justification, and in this context, to propose to the legislation projects that are the basis for the development of the legal system of our country, having studied the most advanced foreign experiences of today.
References:
1. M.A.Axmedshayeva. Qonunchilikni kodifikatsiyalash jarayoni: ayrim nazariy masalalar. Yurisprudensiya (huquqiy ilmiy - amaliy jurnali) 4/2022. ISSN 2181-1938.
2. Sistemnost zakonadatelstvo kak faktor povishebiya ego kachestvo // gosudartsvo i pravo -Moskva 2002 No8 - S5.
3. H.T. Odilqoriyev. Konstitutsiya va fuqarolik jamiyati. Toshkent 2002.
4. U.H. Muxamedov. O'zbekiston Respublikasida qonunchilikni tizimlastirishning nazariy va amaliy muammolari. (dissertatsiya). TDYI. - T., 2010.
5. Sh.T.Ashuraxunova. Theroetical and practical issues of the codification process foreign experience (in the example of French legislation). Siyosatshunoslik, huquq va xalqaro munosabatlar jurnali. ISSN: 2181-3477. Jild:02 Nashr:05 2023. 37-42 b.
ACADEIVY
