THEORETICAL AND METHODOLOGICAL ASPECTS OF THE USE OF CONCEPTUAL AND TERMINOLOGICAL APPARATUS IN LAWMAKING

Abstract

The article examines doctrinal approaches to the theoretical and methodological foundations of using the conceptual and terminological apparatus in lawmaking. The methods of scientific cognition, generalization, and analysis of scientific and practical material characterizing the law-making process used in the study allowed us to identify the role of concepts and terms in the mechanism of legal regulation. The work provides a brief analysis of the state and problems of the application of legal terms by subjects of law-making activity. Specific examples of current legislation reveal some of the flaws and inconsistencies of the conceptual and terminological apparatus developed in the process of law-making and their impact on the quality and effectiveness of legal regulation. Based on the theoretical analysis of the essence of legal concepts and terms, their value and significance in lawmaking are revealed, and the requirements for their correct and justified application in the lawmaking process are analyzed. The author’s definition of the categories “legal concept” and “legal term” is proposed, the criteria and conditions for use in lawmaking practice are considered, the needs for the formation of scientifically sound and popular concepts and terms are highlighted, and recommendations for their implementation in legislation are developed. The conclusion is substantiated about the objective need to take into account scientific findings and recommendations regarding the understanding and use of legal concepts and terms in law-making practice.