According to the famous legal philosopher Yevhen Bulygin, the rationality of law is revealed through analytical philosophy and logic [1]. This process of law improvement, in particular law-making, is carried out thanks to its gradual rationalization and democratization. The goal of constant intensification of the legislative process, improvement of national legislation is to bring it closer to European standards. In Ukraine, the procedure for carrying out relevant legislative procedures and the quality of their results is often influenced by the conflictual nature of the political context, which leads to an extremely low efficiency ratio of government legislative projects [2, p. 4]. Therefore, the relevance of the development of the rationality of law-making processes is also related to the issue of the independence of the legislator's will. Law-making is socially necessary, because "in law-making, those legal norms are formed and approved that correspond to the current level of social relations and contribute to their progressive development" [3, p. 13].
Expert activity is a component of the legislative process. But in Ukraine, the practice of analyzing and evaluating the implementation of laws is not systematic. Therefore, laws are adopted unbalanced, on the basis of which they are often rejected. The reason for the deviation is also legal uncertainty arising from the ambiguity of individual regulations, moral obsolescence or duplication of legal norms. In addition, the Law "On Law and Legislative Activity" or the Law "On Regulatory Legal Acts" have not yet been adopted. In terms of the democratization of legal processes, human rights need to be expanded in the field of law-making and legislation, in particular, due to the development of the expert field, which involves scientists, public and state research institutes. It is also necessary to improve the methodology and methods of expert activity in law-making and the legislative process. At the project stage of the legislative process, each legislative initiative must have a conclusion of monitoring and evaluation of the implementation of the law. Expert activity is part of the scientific support of the law-making and legislative process, which is carried out by scientists and scientific institutions [4].
The main toolkit of rationalization, moreover, the reasonableness of law is in the realm of logic. Logical thinking, logical knowledge and methods are a necessary component of the general competencies of a lawyer. But in expertology, among the known types of expertise, we will not find logical expertise as a separate type.
Logical examination should be one of the main ones and perform the function of evaluating the draft law for formal correctness, its uncontroversial position in the legal system. Logical requirements must be legally defined both in relation to the course of the entire legislative process, where the requirements of logic must be fulfilled at the level of legal obligations, and in relation to the legal system as a whole. n addition, a logical assessment is needed at the final stage of conducting examinations of a normative act in legislative activity to form a comprehensive and systematic vision of its results. Therefore, the development of a methodology for conducting logical examination in the legislative process, establishing the general social and legal significance of logic in the process of creating draft laws appears as a separate scientific task [5].
Among the expert analytical and evaluation tasks, there is no clearly defined goal regarding the evaluation of the logical capacity, formal correctness of the draft law. A logical analysis of the legal system, which would be carried out on a permanent basis and would be legitimate, should ensure order in legislative practice, promote consistency between normative acts, prevent legal conflicts, etc.
"Logical expertise is a method of research, analysis and assessment of logical forms of legal text, their compliance with logical norms in order to establish logical correctness (in relation to legal content) and according to a certain defined procedure. It can be used in various spheres of legal activity, both legislative and law enforcement. In particular, the logical examination of normative legal acts can be carried out within the framework of the procedures for the interpretation of laws during law enforcement" [5, p. 92].
Logical requirements and methods are implicitly present in all types of legal techniques. Among the signs of the norm-making technique are those that refer to logical knowledge. In particular: 1) provision of formal certainty of the content of normative acts upon their initial creation or introduction of changes and 2) provision of systemic connections of normative acts, provided they are consistent. The first of the above-mentioned signs is based on the fulfillment of the logical law of identity, and the second - the logical law of non-contradiction. Accordingly, these features are based on the principles of logical certainty and consistency. Adherence to logical principles, laws, rules and methods ensures the consistency and non-contradiction of the normative legal act. Adopting a logical standard means that there is a single form of solution for many legal problems of the same type. The use of logical forms and methods is carried out in logical modeling, in which certain structures of legal constructions are formed. Logical methods are an integral part of the technique of interpretation of legal norms, which is taken care of by legal hermeneutics. Among many types of interpretation (such as linguistic, special legal, historical, teleological, functional, etc.), logical interpretation is also distinguished.
Carrying out a stricter classification of law-making errors, they should be divided into linguistic, related to terminology, where the linguistic norms of the language of laws are violated (such as grammatical errors, pleonasms, use of non-codified terms, etc.) and logical, related to conceptual and other logical forms of the legal text that violate the reasonableness of the law (such as: contradictions, inaccuracy, ambiguity, violation of the rules of definition, uncertainty of logical meanings of conjunctions, causal relationships, etc.). The result of the examination should be an expert opinion and proposals for improving the text of the draft law.
Scientific-theoretical substantiation of the need to introduce logical expertise into legislative practice contributes to the further development of legal expertise. The introduction of logical examination of draft laws in Ukraine with the proposed methodological principles of the science of logic requires proper legal registration, personnel and methodological support, primarily at the level of the legislative branch of government. With proper development of expert experience, logical examination can be carried out at the level of executive and judicial branches of government at different levels.
Literature:
1. Булыгин Е. В. Логика и право. Правоведение. 2013. № 4 (309). С. 12‒17.
2. Заславський О., Хоруженко О. Концепція законодавчого процесу «від початку до кінця» (Policy Paper). 2017. 52 с. URL: https://parlament.org.ua/wp-content/uploads/2017/10/Policy-Paper_End-to-end.pdf (дата звернення: 26.01.2022).
3. Ковальський В. С., Козінцев І. П. Правотворчість. Теоретичні та логічні засади. Київ: Юрінком Інтер, 2005. 192 с.
4. Погребняк Н. С. Експертиза у сфері законотворчості: на прикладі діяльності Апарату Верховної Ради України (теоретичний аспект). Державне будівництво та місцеве самоврядування. 2016. Вип. 31. С. 39–51.
5. Юркевич О. М. Про необхідність логічної експертизи у законодавчому процесі (науково-теоретичне обґрунтування). Вісник Національного юридичного університету імені Ярослава Мудрого. Серія: філософія, філософія права, політологія, соціологія : зб. наук. пр. Харків: Право, 2022. № 2 (53). С. 88–105.
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