“DISCRETENESS OF LAW” AND “DISCRETENESS OF LEGISLATION”: CONTENT OF EVENTS, FORMS, CAUSES

Abstract

This article is devoted to the development of the scientific concept of discreteness
in jurisprudence, as well as consideration of the possible application
of the term. Various manifestations of discreteness are studied, the conclusion
on the need to allocate two forms of discreteness is made: discreteness of law
(historical) and discreteness of legislation (law), the interrelation of these
terms is considered, their content is disclosed. The discreteness of law in its

historical meaning, is defined as discontinuity in the process of the fluent succession
of law, historical discontinuity in the process of developing of law for
a particular state, reflected in failure in functioning of the legal system, which
nominally exists in a given period of time (its inapplicability of regulation in
the societal relations), or cessation of existence of a previously functioning
system of law as a result of factors of foreign policy or domestic policy or both
at the same time. The discreteness in the purely legal meaning is the discreteness
of legislation, the situation when intermittence is peculiar to current law,
there is heterogeneity of the law-controller, and if you expand the interpretation
of the definition, one can see heterogeneity of legal regulation. The manifestation
of legislative discreteness and their causes with the purpose of establishing
the possibility to overcome the legislative discreteness is considered.