The role of legal experiment in the process of increasing the efficiency of national legislation.

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The role of legal experiment in the process of increasing the efficiency of national legislation.

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

There were determined the essence of the legal experiment and its significance for the state and legal regulation of social processes. The aim and the main objectives of the legal experiment were established. The content of its functions and the meanings of the latter in the process of legal regulation were determined. There were disclosed the mechanisms for implementing the legal experiment as a means of modeling legal reality. Democratization of modern social processes is accompanied by the transformation of the structure and activity of the state mechanism, the ways of state regulation, and, consequently, the legislative provision of social, economic and public-political relations. The intensity of the pace of social development is associated with the constant emergence of new forms and models of relations that require an effective settlement by the state. All this necessitates constant improvement of the legislation. Given that such improvement should be timely, reasonable and appropriate in terms of all diversity, the state should avoid false steps in the field of organizational and legal provision of social processes that could lead to excessive social tensions and severely weaken the authority of the state. The mentioned causes the necessity of finding effective methods of substantiating and approbating new forms of state-legal regulation in real time. By its very nature, such a tool is a legal experiment. Its application provides an opportunity to test in practice the effectiveness of legislative innovations within a separate social group (more often than the one that is covered outside the administrative-territorial unit). The relevance of this research direction also lies in the fact that in the modern theoretical science the functional purpose of the legal experiment has not yet been disclosed, while the clarification of its features and tasks will provide an opportunity to expand its scope and increase the relevance of the results of implementation. The purpose of this article is to determine the main tasks and functions of the legal experiment, which determines its importance and role in improving the effectiveness of national legislation. Modern reforms cover the main spheres of public relations, but their effectiveness depends on the utilitarian nature of individual models and mechanisms whose testing at the local level within the legal experiment allows simultaneously to reveal shortcomings and analyze the feedback and reaction of society to the changes introduced by the state on the legal regulation of certain processes. Quite often, the need for a legal experiment arises when new forms and models of state regulation of individual processes are introduced. The legislator, justifying the corresponding organizational and legal support, is not able to reliably predict the effects of regulatory influence. In our opinion, the basic tasks of the legal experiment should be considered as follows: verification of foresight regarding the effectiveness of the legal norm or law-making idea; determination of the level of effectiveness of the regulatory influence of experimental legal norms; determination of the result of state-management influence; establishment of the mechanism of legal implementation; to find out the possible manifestations of the negative influence of the model of legal regulation or legal norms introduced in the legal experiment. Consequently, the functions of the legal experiment should be considered the main directions and methods of its influence on the social and legal reality, which embodied the social purpose of the legal experiment. Note that in modern theoretical and legal science there is no unity among scientists in relation to the varieties of functions of the legal experiment and their change. Each scientist substantiates his own point of view, linking it not only with the scope of tasks that a legal experiment must perform, but also taking into account the desired result of its practical implementation. Often, distinguish cognitive (empirical), transformational and predictive functions of the legal experiment. The generalization of the scientific approaches of researchers to the analyzed issue provides an opportunity to argue that, for example, the cognitive (empirical) function is revealed through the study of the mechanism, effects and features of the novel’s actions in the legal regulation of social processes with those that already exist. The transformational function consists in determining the ways of changing the socio-legal reality by the results of the implementation of the legal experiment. The peculiarity of this function is that transformation takes place at the level of the local environment, revealing the main mechanisms and potential disadvantages of the new method, model or method of state-legal influence on social processes. The most important function of the legal experiment is undeniably prognostic. Actually to predict the further trend of development of legal regulation and state-management influence on social, economic and public-law processes and apply a legal experiment.

Authors and Affiliations

Serhii Glukhenkiy

Keywords

EP ID EP544625
DOI -
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