Criteria for determining the effectiveness of the law
https://doi.org/10.24147/2542-1514.2019.3(2).5-13
Abstract
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.
About the Author
Vladimir A. Rybakov
Dostoevsky Omsk State University, Omsk
Russian Federation
Russian Federation
Doctor of Law, Associate Professor; Professor, Department of Theory and History of State and Law
RSCI SPIN‐code: 6914‐5474; AuthorID: 679506
References
1. Kuryleva V.N. The effectiveness of criminal law. Biznes v zakone = Business in law, 2007, no. 2, pp. 114–117. (In Russ.).
2. Tolstopyatenko G.P. European tax law (problems of theory and practice), Doct. Diss. Moscow, 2001. 317 p. (In Russ.).
3. Zelepukhin A.A. Legislation in the modern legal life of Russian society. Pravovaya politika i pravovaya zhizn' = Legal policy and legal life, 2005, no. 4, pp. 61–66. (In Russ.).
4. Lazarev V.V. (ed.). General theory of state and law. Moscow, Yurist Publ., 1999. 517 p. (In Russ.).
5. Nersesyants V.S. Theory of law and state. Moscow, Norma Publ., 2009. 816 p. (In Russ.).
6. Chechot D.M., Pashkov A.S. Efficiency of legal regulation and methods of its detection. Sovetskoe gosudarstvo i pravo = Soviet State and Law, 1965, no. 8, pp. 3–11. (In Russ.).
7. Fatkullin F.N., Chulyukin L.D. Social value and effectiveness of the legal norm. Kazan, Kazan State University Publ., 1977. 119 p. (In Russ.).
8. Kudryavtsev V.N., Nikitinskii V.I., Samoshchenko I.S., Glazyrin V.V. The effectiveness of legal norms. Moscow, Yuridicheskaya literatura Publ., 1980. 280 p. (In Russ.).
9. Tikhomirov Yu.A. (ed.). Problems of the effectiveness of the work of management bodies. Moscow, Nauka Publ., 1973. 439 p. (In Russ.).
10. Pashkov A.S., Yavich L.S. The effectiveness of the legal norms (to the methodology and methodology of sociological research). Sovetskoe gosudarstvo i pravo = Soviet State and Law, 1970, no. 3, pp. 40–48. (In Russ.).
11. Shmarov I.V. Criteria and indicators of the effectiveness of punishments. Sovetskoe gosudarstvo i pravo = Soviet State and Law, 1968, no. 6, pp. 57–64. (In Russ.).
12. Spiridonov L.I. Theory of State and Law. Moscow, Prospekt Publ., 1999. 304 p. (In Russ.).
13. Zhinkin S.A. Efficiency of law: anthropological and value measurement, Doct. Diss. Thesis. Krasnodar, 2009. 41 p. (In Russ.).
14. Lapaeva V.V. Sociology of law. Moscow, Norma Publ., 2004. 287 p. (In Russ.).
15. Horoshiltsev A.I. The effectiveness of law: the concept and features. Obshchestvo i pravo = Society and Law, 2011, no. 2 (34), pp. 47–52. (In Russ.).
16. Samoshchenko I.S., Nikitinskii V.I., Vengerov A.B. Towards a methodology for studying the effectiveness of legal norms. Sovetskoe gosudarstvo i pravo = Soviet State and Law, 1971, no. 9, pp. 70–78. (In Russ.).
17. Sartaeva N.A. Legal monitoring of criminal legislation: on the issue of methodology. Vestnik Instituta zakonodatel'stva Respubliki Kazahstan = Bulletin of the Institute of Legislation of the Republic of Kazakhstan, 2012, no. 2 (26), pp. 130–134. (In Russ.).
18. Baranov V.M. Incentive norms of Soviet socialist law. Saratov, Saratov State University Publ., 1978. 143 p. (In Russ.).
19. Luneev V.V. The course of world and Russian criminology. A common part, Vol. 1. Moscow, Yurait Publ., 2012. 886 p. (In Russ.).
20. Mordovets A.S. The problem of the effectiveness of the socio‐legal mechanism for ensuring the rights of man and citizen. Pravovedenie = Legal Science, 1996, no. 4, pp. 4–10. (In Russ.).
21. Khabrieva T.Ya. Economic and legal analysis: a methodological approach. Zhurnal rossiiskogo prava = Journal of Russian law, 2010, no. 12, pp. 5–26. (In Russ.).
22. Kazimirchuk V.P. The Social Mechanism of the Law. Sovetskoe gosudarstvo i pravo = Soviet State and Law, 1970, no. 10, pp. 37–44. (In Russ.).
23. Tarasov D.Yu. Theoretical and legal aspects of the economic efficiency of law. Biznes v zakone = Business in law, 2015, no. 3, pp. 27–29. (In Russ.).
24. Osipov M. Effectiveness of lawmaking, the realization of the right and law enforcement: perception and ratio. Pravovedenie = Legal Science, 2011, no. 1, pp. 83–92. (In Russ.).
25. Lazarev V.V. Effectiveness of enforcement acts. Kazan, Kazan University Publ., 1975. 207 p. (In Russ.).
26. Nesterov D.O. Theory and practice of implementation of law and order in the activities of the executive bodies. Probely v rossiiskom zakonodatel'stve = Gaps in the Russian legislation, 2012, no. 3, pp. 43–46. (In Russ.).
27. Popov I.V. Crimes against the natural environment: theoretical basis and practical application, Doct. Diss. Yekaterinburg, 2014. 451 p. (In Russ.).
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Rybakov V.A. Criteria for determining the effectiveness of the law. Law Enforcement Review. 2019;3(2):5-13. https://doi.org/10.24147/2542-1514.2019.3(2).5-13
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