TO THE QUESTION ON THE SYSTEM-SAVING MECHANISM IN LAW

The article analyzes peculiarities of functioning of the system-saving mechanism in law; gives a detailed characteristic of its structure and the contents; reveals the importance of this mechanism for ensuring integrity of legal subject. The author studies such structural elements of this mechanism as principles, goals and objectives of the law, legal presumptions and fictions, prejudices, spacing and conflict rules. All the abovementioned elements of the system-saving mechanism carry out peculiar handling of legal material, determine contents and implementation of each legal norm and institution. As a rule, they fixed in formal juridical sources of law and affect the emergence and development of legal relationship, i.e. they ensure the consistency of these legal phenomena and thereby maintain the integrity and unity of the entire legal system. The author concludes that the system-saving mechanism in law is a complex of the system-saving elements which ensure integrity and unity of the law; it is a specific construction or internal structure that forces interconnected but flexible elements of the legal system to commit necessary actions. This mechanism is necessary in each sector because without it the law will become powerless, not capable of performing its functional purpose. The system-saving mechanism improves, animates and humanizes legal reality through adaptation and innovation of the elements of the legal system with regard to realities of modern public relations by improving their limited abilities and correcting them. This leads to precise adjustment of the mechanisms of law regulation and fixing defects in law. Thereby it eliminates intra-system and logical contradictions in the contents of legal norms, ensures succession and consistency in development of law and perception of progressive provisions of other social subsystems, identifies viable legal regulations, and creates conditions for modeling and creation of future legislation.