System and classification of means of legal technique: traditional and innova-tive tools of a lawyer's professional activity

Abstract

The article discusses the system of means and rules of legal technique necessary in the professional activities of a lawyer. The purpose of the study is to classify traditionally used means and rules of legal technique, as well as new ones related to the development of scientific and technological progress and cognitive sciences. Methods: formal legal method, comparative legal method, sociological one. Results: the division of technical and legal means into general social, doctrinal, normative, as well as formal, substantive and procedural ones is proposed. The rules of legal technique, in turn, are divided into internal and external, general and specific.

The proposed classification is applied to the analysis of the tools studied in the framework of the modern concept of "smart regulation". The specificity of the procedural and content means of smart regulation is shown, their division according to the scale of action (used at the macro level and at the micro level) is carried out, legal and organizational means are identified. Among the new, atypical means for legal regulation, nudging is considered - a method developed by the behavioral sciences. In conclusion, it is indicated that legal technique, as the basis of a lawyer's professional skills, simultaneously includes traditional, long-established and well-known to all lawyers tools and rules, as well as modern tools that are developing due to digitalization and advanced scientific research. A modern qualified lawyer must have a full arsenal of tools and techniques for their use.