Yu.V. Gracheva. The Language of Law and Judicial Discretion

Abstract: The article is concerned with rules of legislative techniques. One of rules of legislative techniques assumes a complete, exact and compact statement of rule. It is impossible without observance of requirements to law language. To be an effective remedy of a regulation of the judicial discretion, penal statute language should meet following requirements: to be clear and simple; the exact; the economic. The requirement to clearness and simplicity of language of the penal statute isn’t limited to that the clear regulation is clear to contractors, and not clear and difficult law is inconvenient in application, demands additional efforts and interpretation. Clearness of the law has great value, promoting legality strengthening, introduction of the accurate legal beginnings in all spheres of public life that serves as the necessary precondition of strengthening of authority of the legislation and feeling of legality in consciousness of people. Not less actual requirement to law language as to legislative means of restriction of the judicial discretion, the maximum accuracy of its expressions, i.e. achievement of the greatest conformity between idea, thought of the legislator and an embodiment of this thought in the legislative formula is.

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