General theoretical aspects of understanding the essence of legal errors in national jurisprudence

Abstract

Purpose. The aim of the work is to analyze the essence of legal errors in national jurisprudence in a general theoretical aspect, based on the realities and challenges of today. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the process of research, it was recognized that legal errors are complex, multifaceted, negative phenomena, with a certain disguise, with existing deviations and possible illegal consequences, which contradict the real, objective reality in domestic legal practice, which are caused by the activities of the relevant subjects of individual law nature at their own discretion, when performing their functional duties. Therefore, one of the important tasks is to reveal the legal nature and essence of a legal error, to present its deep, meaningful characteristics, to understand the processes of its formation and formation, and therefore, to develop ways of its timely detection, prevention and elimination. Originality. In the process of research, it was established that legal errors in their totality are distinguished by their complexity and contradictions, are a negative element of legal reality with existing deviations, as a possible illegal result of the individual activity of an authorized subject of law based on his own discretion. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the development of proposals for improving the mechanism of its timely detection, prevention and elimination.

Keywords

• legal error
• national legislation
• national jurisprudence
• law-making activity
• normative-legal act