The Structure of Practice and Quality of the Objective Law

Abstract

The quality of objective law significantly affects the legality and law and order in the society and the state. One of the factors for improving the quality of law is theoretical knowledge about the regulated practice structure. The article contains a theoretical description of the practice structure elements in statics and dynamics, their influence on the quality of content and form of objective law. The material presented in the article enriches and complements the modern concept of socially significant practice. The conclusions contained in the article contain a number of theoretical and methodological provisions. It is pointed out that any socially significant practice represents a local social system (a subsystem of the society) even at the formation stage and especially in the developed state. The authors also emphasize that new legal institutions and relevant practices of the exercise of law are emerging, and the non-traditional branches of law are crystallized on the basis of existing or newly emerging institutions. The authors argue that in order to provide the necessary and sufficient normative basis for the exercise of the rules of law, the content of a certain legal institution (branch and substantive law in general) should correspond to the social content and structure of the regulated practice. In addition to the above, the authors believe that it would be wrong to identify the social-substantive content of law only with the positive facts existing in practice.