Perspective problems for legal research and analysis
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
Ukraine’s participation in globalization processes, such as European integration, creates a new agenda for legal scholars. New requirements for the effectiveness and socio-economic impact of scientific research are put forward. Modern standards of democratic science management, transparent evaluation, and financing of scientific research are implemented. In such circumstances, legal science must strengthen its institutional capacity, social and material capital and defend own academic autonomy by providing excellent analytics for the scientific provision of political and legal decisions. Participation of the Ukrainian nation in the globalization process requires the implementation of international standards of human rights, rule of law and peace-loving. Modern scientific policy based on the principles of effectiveness and impact of science, broad academic communication and interaction without borders, democratic management of scientific projects, rational planning, transparent evaluation and financing of scientific research. Strategically important, potentially beneficial analytical and legal research should be strengthened, first of all, respecting national and international research frameworks. Special attention needs to be paid to the development of information technologies that are already used by jurists, as well as courts, police, lawyers, prosecutors, detention facilities and other legal institutions in Ukraine. Ukrainian jurists have access to big data sources, such as Legislation of Ukraine database, the Unified State Register of Judgments and other public legal information systems, which allow profitable research, but in practice aren’t used efficiently. For example, the Unified State Registry of Judgments allows to collect information about criminal careers and judicial proceedings, to build mathematical and computer models, to research ways for recidivism level decreasing and avoiding delays in delivering justice. Author’s preliminary survey of a small sample of court decisions placed in the Unified State Registry of Judgments (50 random decisions of a random day) showed that the average length of criminal proceedings is 300 days and the average length of civil proceedings is 370 days. It is possible, in case of further funding, to create research group, to simulate the typical procedural path of the case in the court, to identify the causes of delays and to formulate proposals to change the procedural law, to save the money Ukraine must pay by the decisions of the European Court on Human Rights that found violations of the right to a fair trial. Prospective areas of future legal research are the economic analysis of law, statistical description, mathematical and computer modeling of legal procedures, analysis of big data, analysis and optimization of law-making and law enforcement in Ukraine.
Authors and Affiliations
Yurii Sheliazhenko
Keywords
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