Comparative-legal aspects of the action and effectiveness of law as a cognitive component of legal analysis
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The paper reveals the relevance of scientific knowledge of the comparative legal aspects of the effectiveness and efficiency of law as a subject of scientific knowledge. The philosophical and scientific basis of scientific research of comparative legal aspects of the effectiveness and efficiency of law is established. The scientific views of scientists concerning the effectiveness and efficiency of law are summarized. It is concluded that the current state of scientific development of problems of efficiency and efficiency of law testifies to the episodicity of these studies, since the scientific study of these issues was carried out indirectly through a scientific analysis of other related legal phenomena and processes. As a result, in today’s domestic legal science, there are no comprehensive studies of the issues of the effectiveness and efficiency of law in the context of their comparative legal analysis. The author identifies at the conceptual level the science-education potential of comparative legal aspects of the effectiveness and efficiency of law in the curren t conditions of legal regulation in Ukraine. Taking into account the complexity of the categories of efficiency and the effectiveness of law, the scientificlinguistic potential of comparative legal aspects of the effectiveness and efficiency of law within the framework of a set of directions of scientific research, which are defined as perspective, is disclosed. The following areas are scientifically promising: on the basis of analysis of the history of the formation and development of scientific research on the effectiveness and efficiency of law to characterize the state of their scientific development; to reveal the peculiarities of scientific knowledge of the effectiveness and efficiency of law through the prism of modern types of legal thinking; to establish the functional possibilities of world-view, general-scientific and concrete scientific research methods that can be applied to the study of the effectiveness and efficiency of law; to substantiate the author’s understanding of the concepts of «effective law» and «effectiveness of law», to distinguish and characterize their common and distinctive features; to determine the factors that determine the effectiveness and efficiency of law, to determine their role and nature of influence on the quality of legal regulation; to distinguish and characterize the criteria for measuring the effectiveness and efficiency of law; to reveal the peculiarities of legal regulation as a sphere of effectiveness and efficiency of law; to establish the state of effectiveness and efficiency of law in the current conditions of legal regulation in Ukraine, as well as to identify and justify ways to increase it.
Authors and Affiliations
Yurii Pocheptsov
Keywords
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