Legal regulation in the conditions of social changes: factors of influence and directions of improvement
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
The purpose of this article is to obtain objective knowledge about the factors and directions of improving the legal regulation and its mechanism. The processes of integration into the global European community, the implementation of systemic transformations within the state, provided an opportunity to rethink the traditional provisions of the domestic legal science with respect to a combination of factors that affect the process of legal regulation and directions for its improvement. It is substantiated that the factors are a set of conditions affecting the process of legal regulation and the effectiveness of its mechanism. The existing scientific approaches are generalized and criteria of classification of factors in legal regulation are singled out. The main and secondary factors are identified, depending on the degree of their influence on the nature and content of legal regulation. The general characteristics of the main and minor factors are given. It is noted that the main factors are divided into objective and subjective. Also attention is drawn to debatable aspects of these classification criteria. Constructive and destructive factors are identified and characterized, both external and internal, which affect the effectiveness of legal regulation and its mechanism It is emphasized that an important aspect of the analysis of legal regulation and its mechanism are the directions of its improvement. At the same time, one of the important aspects of solving this problem is to attract scientific potential with the aim of forming a scientific model for the implementation of legal reform. Analyzing this problem, attention is paid to the quality of the law itself, as the main source of law. The quality of the norm of law is characterized from a social viewpoint as its ability to clearly specify the objectives of legal regulation, to take into account public, group, individual needs and interests as much as possible, to ensure compliance between the chosen methods of legal regulation and the forms of implementation of the norms of law. Among the directions that affect the process of legal regulation and its effectiveness, an important place is given to legal forecasting and legal monitoring. In the structure of the functioning of the mechanism of legal regulation among its other means, an important role is also recognized of means that are beyond the scope of legal regulation and have been called the legal forms of state activity.
Authors and Affiliations
Tetiana Tarahonich
Keywords
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