Legal analytics as a fundamental element of juridical forecasting and modeling
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The present paper studies the place, role, and value of legal analytics as one of the main components of legal forecasting and modeling. It is evident that any social transformations, especially systemic one are impossible without modern methodological and theoretical basis of scientifically balanced prediction of social processes development. It is vital to emphasize that the theory and practice of contemporary national state formulate the holistic orientation of all branches of power and influence the creation of an effective system of law and legislation. The issues of legal analytics can be analyzed by using means and approaches of analysis and synthesis scientific methods in the process of forecasting and determining the strategy for the development of the legal system of Ukraine in the paradigm of European civilization choice. In particular, the legal prediction is a scientific objective analysis, a projection of the future condition of the state legal processes of their distinguishing characteristic and peculiarities, pace, stages, trends and ways of development. Particular attention is given to the characteristic of general features of legal forecasting and its objects (state, law, legislation, the legal system, the system of state bodies and legal norms, relevant branches of law and their institutes, separate legislative acts, etc.). It is noted that in the process of predictive research the central place should be occupied by the legal analytics and the formation of concepts of state and law development should be made on this basis – a scientifically based, systematic and integrated set of ideas about the primary, most significant parameters of the future condition of society in general and the state and legal construction in particular. In order to create such concept it is necessary to take into account, first of all, the main factors determining the basic directions and priorities in the development of state and law, precisely: the tendency of lasting democratization of state and social life, the formation of a legal state, the creation of civil society, ensuring human rights, the provision of the rights and liberties of citizens, expansion of the sphere of market relations, rational use of natural resources and strengthening of ecological safety, development of the humanitarian sphere, and so on. In the article, the main features of legal modeling and its value in lawmaking and enforcement processes on the basis of the application of modern scientific methods and techniques of legal analytic are made.
Authors and Affiliations
Volodymyr Nagrebelny
Keywords
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