EXCEPTION TO THE RULES AS A TECHNICAL AND LEGAL MEANS OF THE ADVANCING LAW-MAKING
Background: the advancing law-making possesses a number of specific technical and legal means, either adequately or unsuccessfully displaying its essence and regulatory opportunities. The problem of legal exceptions in the sphere of the advancing law-making not only researched in the theory of the state and law but it has not duly set up. Objective: the author of the article supposes to expound variants and research logik-gnoseological and technic- legal opportunities of exceptions in the field of the advancing lawmaking, to offer certain ways of their application improvement in the advancing law-making practice. Methodology: in doing the research dialectics of law-making process, dogma of law and the formal-legal method of the law-making the results’ analysis, the general and private, universal and concrete phenomena in the current legislation, methods of legal forecasting and modeling were used. Results: the author reveals the value of exceptions’ application in the sphere of the advancing law-making, unveils typical defects of using by the legislator the exceptions when formulating the advancing legal norms, designates technical and legal means of the quality improvement of using the exceptions in the advancing law-making. Conclusions: legal exceptions are the necessary effective technical and legal remedy which successfully provides efficiency, dynamism and predictability of the advancing law-making. The advancing law-making should prevail in the course of the legal regulation improvement and aided by the exceptions effectively modify legal deviation from the unified standards of behavior. Exceptions to the rules act as the high-valuable technical and legal instrument of the advancing law-making allowing in the optimal way to take into account the variety of the public relations and the main tendencies of their development.