The essence and content of legal reform. Theoretical aspects
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
The theoretical basis of legal reform as a phenomenon of public actuality have been ana- lyzed. Purposes, features and signs of legal reform, the main principles and sequence of execu- tion of separate phases, have been determined. They constitute its content. It is allocated that the purpose of legal reform is to improve the effectiveness of the legal system by transforming its essence, changing and filling its content with a new quality, new meaning. According to the purpose, the tasks have been formulated for the immediate and far prospects. By doing so, it requires agreement with economic and financial opportunities, resource and institutional provision, legitimacy, etc. For the realization of legal reform holding some principles the main basis as one of the sours of efficiency, is very important. The legal reform as a public phenomenon can be char- acterized as an activity that is being implemented by authorized institutions of the state. Ac- cording to this perception, the institutions of the state and civil servants perform as actors which are authorized by law to basis designation and implementation of public policy. They have the real opportunity to implement such an authority. The legal reform depends on the number of public relations (magnitude and depth) and can be implemented by simultaneous, complex reforming several quarters of public relations. The establishment of the segment is connected directly with the amount of legal reform. The realization of legal reform divides into certain phases preparatory, realizing and monitoring. In addition, the legal reform includes other elements that characterize its separate parameters, like e.g. intensity (implementing by subjects reform of particular volume of activity for particular lengths of time), the effectiveness (correlation between actually received results and purposes that they were established during its implementation), the legitimacy of the legal reform etc.
Authors and Affiliations
Nataliia Parkhomenko
Keywords
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