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Authors : 1. Mikhail Yu. Osipov,
PhD (Law), Senior Researcher, Institute for Jurisprudence and Management
All-Russia Police Association
Quality of the Russian legislation as a key to increasing its efficiency
Objective: to analyze the influence of the Russian legislation quality on its effectiveness.
Methods: systemic and functional approaches, logical methods of cognition: analysis, synthesis, induction, deduction, abstraction, generalization, as well as specific-scientific methods. In particular, logical research methods were used for analysis and design of theoretical definitions of quality and efficiency of the current legislation. The systematic approach was used to analyze the main features of the structure of the current legislation, acting as one of the objects of legal processes, as well as to determine the parameters of the quality of legislation. The functional approach was used to analyze the function of current legislation and identify the key performance parameters. Mathematical methods were used to analyze and evaluate the effectiveness of the current legislation.
Results: basing on the analysis of the current legislation, a number of its quality characteristics were revealed that enhance its effectiveness. These are, in particular, such parameters as the specificity of legal norms, their validity, account of the interests of participants of social relations regulated by the rule of law, freedom of the legal entities, the systemic character and stability of the current legislation. The key performance aspects of current legislation are highlighted, which include: effectiveness of the current legislation implementation, legal regulation of social relations, changes in the existing legislation, enforcement of legal norms. In the course of the study, it was shown that the quality of the current legislation largely determines its effectiveness.
Scientific novelty: the concept of current legislation quality influence on its effectiveness was proposed, the key ways to improve the quality of legislation in Russia are outlined, as well as the ways to improve its effectiveness basing on analysis of legal regulation patterns and requirements imposed to it. In particular, the method of calculating the efficiency of legislative norms is proposed taking into account their quality. The key performance aspects of current legislation are highlighted, which include: effectiveness of the current legislation implementation, legal regulation of social relations, changes in the existing legislation, enforcement of legal norms. The survey also highlighted the main parameters influencing the quality of current legislation and their impact on its effectiveness.
Practical significance: the main findings of the study, concerning the quality of current legislation, can be used as a basis for further research, as well as in law-making activities during the development and adoption of normative legal acts.
Keywords :
Theory and history of law and state; Quality of legislation; Activities; Effectiveness of legislation; Law-making; Legal regulation; Implementation of law; Legal system
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Citation :
M.Yu. Osipov. Quality of the Russian legislation as a key to increasing its efficiency, Actual Problems of Economics and Law, 2016, vol. 10, No. 4, pp. 88–95 (in Russ.). DOI: 10.21202/1993-047X.10.2016.4.88-95
Type of article : The scientific article
Date of receipt of the article :
21.07.2016
Date of adoption of the print :
20.10.2016
Date of online accommodation :
29.12.2016
