NECESSITY AND EXPEDIENCY AS LAWMAKING PRINCIPLES OF THE LEGAL SYSTEM

Abstract

The article is devoted to the study of lawmaking
principles of the legal systemand their practical
significance for the justification of legal norms. It is
shown that when adopting new legal norms,
legislators should base their decisions on the objective
prerequisites of the law. The adoption of new legal
norms can be based not only on the principle of
expediency to external social circumstances, but also
on the principle of semantic necessity determined by a
priori grounds. A priori foundations of law must be
intuitively obvious and primary in relation to the
socio-cultural situation and the positive system of law.
In other words, they are not determined by external
factors, but they serve as principles of legal
assessment of a specific situation.The principle of
semantic necessity makes it possible to assess the
compliance of the legal norm with the system-forming
principles of law, which do not depend on the
temporary social situation. In crisis conditions, in
particular during war, the principle of expediency
prevails in the activities of legislators. To the extent
that a legal norm is determined by this principle, it
acquires a temporary character. In order to determine
whether a legal norm requires a limitation of the
period of validity, it is necessary to find out which lawmaking
principle prevails in its justification – the
principle of necessity or the principle of expediency.
During war, the principle of expediency prevails over
the principle of a priori semantic necessity. This is
manifested in the fact that when defining a legal norm,
the principle of necessity can be limited by time and
scope. However, it should not and cannot be canceled.
Moreover, modern researchers note that in the current
crisis situation it requires a new understanding from a value position.

Keywords: principle of law, rule of law, necessity, expediency, legal system, law-making, objectivity, a priori, crisis, martial law.