ON LINGUISTIC EXPERT EXAMINATION OF DRAFT LAWS
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
01.04.2016
Accepted:
11.04.2016
Published:
11.04.2016
Language:
Russian
Keywords:
Language of the law, text, draft law, linguistic expert examination, legal engineering.
Abstract (English):
The article is devoted to the problem of determination of the subject of linguistic expert examination of draft laws on the basis of the current legislation analysis in the aspect of theoretical and applied linguistics. In this research the author uses the comparative, statistical methods, as well as induction, analysis and synthesis. The article analyzes different types of definitions of linguistic expert examination of draft laws, and examines some problems related to the expert analysis of draft laws. The author of the article notes certain features of correlation between linguistic expert examination of draft laws and legal expert examination of draft laws. The author expresses her own position in relation to the concept and content of linguistic expert examination of draft laws, on the basis of the current practice in the rule-making sphere. The author pays attention to the criteria for evaluation of the text of the draft law: “consistency of presentation” (allows analyzing and evaluating linguistic units and the text of the draft law as a voice unit), “literacy” (allows checking the draft law text for grammar, spelling, punctuation, slips, factual or technical mistakes) and “matching style” (allows analyzing and evaluating the draft law text talking into account the compliance to stylistic features of drafting legislative texts).
The article is devoted to the problem of determination of the subject of linguistic expert examination of draft laws on the basis of the current legislation analysis in the aspect of theoretical and applied linguistics. In this research the author uses the comparative, statistical methods, as well as induction, analysis and synthesis. The article analyzes different types of definitions of linguistic expert examination of draft laws, and examines some problems related to the expert analysis of draft laws. The author of the article notes certain features of correlation between linguistic expert examination of draft laws and legal expert examination of draft laws. The author expresses her own position in relation to the concept and content of linguistic expert examination of draft laws, on the basis of the current practice in the rule-making sphere. The author pays attention to the criteria for evaluation of the text of the draft law: “consistency of presentation” (allows analyzing and evaluating linguistic units and the text of the draft law as a voice unit), “literacy” (allows checking the draft law text for grammar, spelling, punctuation, slips, factual or technical mistakes) and “matching style” (allows analyzing and evaluating the draft law text talking into account the compliance to stylistic features of drafting legislative texts).
Keywords:
Language of the law, text, draft law, linguistic expert examination, legal engineering.
Language of the law, text, draft law, linguistic expert examination, legal engineering.
1. Metodicheskie rekomendatsii po lingvisticheskoy ekspertize zakonoproektov. M., 2013.
2. Parlamentskoe pravo Rossii: monografiya / A. I. Abramova, V. A. Vitushkin, N. A. Vlasenko i dr.; pod red. T. Ya. Khabrievoy. M., 2013.
3. Sistematizatsiya i modernizatsiya zakonodatel´noy bazy Rossiyskoy Federatsii v 1994-2014 gg. Uroki i prioritetnye napravleniya dlya dal´neyshego razvitiya: otchet o nauchno-issledovatel´skoy rabote FGNIU «Institut zakonodatel´stva i sravnitel´nogo pravovedeniya pri Pravitel´stve Rossiyskoy Federatsii». M., 2014.
