Keywords: law, intellectual property, codification and systematization of legislation,principles of codification, concepts, types and system of principles of codification
The article revealstheoretical approaches to defining the system of principles of codification, theirplace in the legal system, which characterize the content of law in a concentratedform, its structure, the relationship between sources of law, law and justice, law andgovernment coercion and belief in legal regulation. It is proved that the system-formingcriterion of the principles of law and the principles of legislation are their functionaland purpose. The practical significance of the principles in the process of systematizationof legislation in the field of intellectual property, including its type suchas codification, is revealed. The correlation of principles of law and principles of legislationare investigated. It is established that there is a dialectical connection betweenlaw and law, which is manifested in the fact that: legislation is an external form of expressionof law, a way of expressing its content; most of the law is substantively includedin the legislation; the spheres of law and law do not coincide but intersect; inthat part, in which law and law coincide, the principles of law are the essence of theprinciples of law and vice versa — the principles of law are the principles of law. At the same time, since the legislation is an external form of expression of law and doesnot completely coincide with the law and does not contradict it, its creation and developmentare subject to certain specific rules and technologies. The main methodologicalprinciples that influence the separation of the system of principles, their place inthe theory of codification are determined; substantiates the need to include in the systemof general and special principles of codification and sectoral principles, which arethe theoretical basis and ensure those features are taken into account in the processof codification of individual branches of legislation. It is proved that there is a dialecticalrelationship between the purpose of codification, its tasks and the principles onwhich codification activity is based, the dependence of its result on the degree of consistencyof these elements of codification.
Theoretical approaches to determining the principles of codification of legislation in the field of intellectual property
