Criteria for determining the effectiveness of the law
The subject of the article concerns the assessment of the effectiveness of law. The purpose of the article is to identify indicators that reflect the effectiveness of the law.The methodology of the research includes complex analysis of scientific legal literature, synthesis of ideas as well as...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2019-09-01
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| Series: | Правоприменение |
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| Online Access: | https://enforcement.omsu.ru/jour/article/view/224 |
| _version_ | 1826564483487629312 |
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| author | Vladimir A. Rybakov |
| author_facet | Vladimir A. Rybakov |
| author_sort | Vladimir A. Rybakov |
| collection | DOAJ |
| description | The subject of the article concerns the assessment of the effectiveness of law. The purpose of the article is to identify indicators that reflect the effectiveness of the law.The methodology of the research includes complex analysis of scientific legal literature, synthesis of ideas as well as formal-legal method of interpretation of legal acts.The main results and scope of their application. More than 2500 existing normative legal acts of the Russian Federation contain various requirements for improving the efficiency of legal regulation. The complexity of the study is caused by the lack of a common understanding of the phenomenon. The effectiveness of the law is often understood by many authors as the ability to influence public relations in a certain direction useful for society; or as the ability to influence positively on social relations at the lowest cost; or as fundamental feasibility, predetermined by common knowledge, clarity and consistency of legal norms; the correspondence between the objectives of the legislator and development of social relations. An indicator of the effectiveness of legislation is a criterion for determining the degree of achievement of the goals and objectives of legal regulation. The indicators that are offered by scientists for assessment the effectiveness of law, has logical defects. These indicators are^ frequency of application of laws that are estimated for the effectiveness (I. Samoshchenko, V. I. Nikitinsky, A. B. Vengerov); measure of conflict regulated by this norm of social relations (V. Lapaeva); proportional ratio of the number of facts of lawful behavior to the number of cases of illegal behavior (T. Geiger and E. Hirsch), etc.Conclusions. The following formula can be proposed to determine the effectiveness of the law: effectiveness = LR2–LR1, where: LR1 - initial legal relations, and LR2 – the state of legal relations on the current date. Effectiveness can be measured in this formula in a number of violations and satisfied claims and complaints. There is no direct connection with the goal of legal regulation in this formula but it is possible, to trace the dynamics of the effectiveness of law with this formula by using statistics data. |
| first_indexed | 2024-04-10T01:24:56Z |
| format | Article |
| id | doaj.art-55541c7f283e405db2fba5ded869a817 |
| institution | Directory Open Access Journal |
| issn | 2542-1514 2658-4050 |
| language | Russian |
| last_indexed | 2025-03-14T10:20:35Z |
| publishDate | 2019-09-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Правоприменение |
| spelling | doaj.art-55541c7f283e405db2fba5ded869a8172025-03-02T11:08:27ZrusDostoevsky Omsk State UniversityПравоприменение2542-15142658-40502019-09-013251310.24147/2542-1514.2019.3(2).5-13189Criteria for determining the effectiveness of the lawVladimir A. Rybakov0Dostoevsky Omsk State University, OmskThe subject of the article concerns the assessment of the effectiveness of law. The purpose of the article is to identify indicators that reflect the effectiveness of the law.The methodology of the research includes complex analysis of scientific legal literature, synthesis of ideas as well as formal-legal method of interpretation of legal acts.The main results and scope of their application. More than 2500 existing normative legal acts of the Russian Federation contain various requirements for improving the efficiency of legal regulation. The complexity of the study is caused by the lack of a common understanding of the phenomenon. The effectiveness of the law is often understood by many authors as the ability to influence public relations in a certain direction useful for society; or as the ability to influence positively on social relations at the lowest cost; or as fundamental feasibility, predetermined by common knowledge, clarity and consistency of legal norms; the correspondence between the objectives of the legislator and development of social relations. An indicator of the effectiveness of legislation is a criterion for determining the degree of achievement of the goals and objectives of legal regulation. The indicators that are offered by scientists for assessment the effectiveness of law, has logical defects. These indicators are^ frequency of application of laws that are estimated for the effectiveness (I. Samoshchenko, V. I. Nikitinsky, A. B. Vengerov); measure of conflict regulated by this norm of social relations (V. Lapaeva); proportional ratio of the number of facts of lawful behavior to the number of cases of illegal behavior (T. Geiger and E. Hirsch), etc.Conclusions. The following formula can be proposed to determine the effectiveness of the law: effectiveness = LR2–LR1, where: LR1 - initial legal relations, and LR2 – the state of legal relations on the current date. Effectiveness can be measured in this formula in a number of violations and satisfied claims and complaints. There is no direct connection with the goal of legal regulation in this formula but it is possible, to trace the dynamics of the effectiveness of law with this formula by using statistics data.https://enforcement.omsu.ru/jour/article/view/224lawefficiency of lawpurpose of legal regulationformula of efficiencytarget criterion of efficiency of lawaction of legal rulelaw enforcementlawful behavior |
| spellingShingle | Vladimir A. Rybakov Criteria for determining the effectiveness of the law Правоприменение law efficiency of law purpose of legal regulation formula of efficiency target criterion of efficiency of law action of legal rule law enforcement lawful behavior |
| title | Criteria for determining the effectiveness of the law |
| title_full | Criteria for determining the effectiveness of the law |
| title_fullStr | Criteria for determining the effectiveness of the law |
| title_full_unstemmed | Criteria for determining the effectiveness of the law |
| title_short | Criteria for determining the effectiveness of the law |
| title_sort | criteria for determining the effectiveness of the law |
| topic | law efficiency of law purpose of legal regulation formula of efficiency target criterion of efficiency of law action of legal rule law enforcement lawful behavior |
| url | https://enforcement.omsu.ru/jour/article/view/224 |
| work_keys_str_mv | AT vladimirarybakov criteriafordeterminingtheeffectivenessofthelaw |