Legal analytics and its role in the mechanism of legal regulation
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article emphasizes that legal analytics is not a new direction in ensuring the effectiveness of the mechanism of legal regulation. But along with this, in the legal literature this problem is not given enough attention, which causes the need to determine the place of legal analytics among legal instruments. Тhе legal analytics is characterized from point of view of different levels of scientific knowledge, namely: as a legal category and as a type of activity. Considering legal analytics as a legal category, it is emphasized that it has both a scientific and a practical component. At the doctrinal level, legal analytics is considered as an important direction in the analysis of legal reality at the scientific and intuitive level through the use of appropriate techniques, principles and methods of scientific knowledge. The author analyzes the practical component of legal analytics, that implies the implementation of certain actions through the use of various tools and techniques, indicating its predictive orientation. The legal analytics provides an opportunity for the relevant structures to adopt the most optimal, well-balanced solution in the process of solving a particular problem. Considering legal analytics as a type of activity, emphasizes the need to take into account those features that are inherent to it. Analytical activity in the legal sphere is carried out within the boundaries of a society or state, it is carried out by the relevant subjects, in the process of this type of activity an appropriate tool is used, its purpose is the collection, accumulation, processing of certain data, as well as the analysis, synthesis and comparison of legal phenomena and processes, which indicates on prognostic orientation of legal analytics. It is noted that such term as informational and analytical activity is used quite often in the scientific literature. Information-analytical activity is carried out in various spheres of public life, whis using various means and analytical methods and aimed at achieving a certain result. Among the tools used by legal analytics, the important place belongs to the methods of system analysis, comparison, etc. They play a key role in the study of the object of knowledge, and in this case – the mechanism of legal regulation. It is emphasized that legal analytics has a scientific value and practical value. It provides an opportunity to solve a number of tasks, namely: orientation towards prediction of the development trends of a society or state, justification for the need to streamline social relations by adopting appropriate normative legal acts, the need for an examination of these acts on the subject of positive or negative consequences of their actions, the presence of gaps or contradictions in legislation and in general, risk management, improving the effectiveness of the whole mechanism of legal regulation, etc. The above shows that legal analytics can be used at different stages of the mechanism of legal regulation. The main functions of legal analytics and their role in ensuring the effectiveness of the legal regulation mechanism are analyzed.
Authors and Affiliations
Tetiana Tarakhonych
Keywords
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