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Efficiency of law implementation in the context of European integration: issues of theory and practice
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Law implementation takes important place in the mechanism of legal regulation as well as lawmaking since the implementation of the provisions of normative and legal acts contributes to the satisfaction of the interests of subjects of law and the achievement of a general socially useful result. This issue is relevant in the light of the European integration processes because the strategy of the state’s constitutional and legal policy aimed at adapting not only EU legislation but also elements of law implementing practice in order to improve the legal system as a whole. In the article there considered the topical issues of the theory and practice of law implementation through the prism of impact factors on the efficiency of law implementation, and also the criteria for assessing this efficiency are determined.
The efficiency of law implementation is considered through the prism of such indicators as the quality and effectiveness of legal acts; the level of legal consciousness and legal culture of subjects of law; the technical and technological process of law implementation; material and financial support of implementing the provisions of legal acts; organisational and legal support of assessing the efficiency of law implementation. The authors emphasize that during measuring the efficiency of law implementation there should be used both a line of general indicators and criteria of effectiveness and specific ones, i.e. those inherent only in a particular branch of law. The expediency of the proposed approach to determining the efficiency of law implementation is substantiated by the analysis of electoral legislation.
It is concluded that the efficiency of law implementation is a positive correlation between the actual result of law implementation and that social goals for which it was created, what is manifested in the process of actual implementation of legal provisions in the behaviour of subjects of legal relations. It is considered appropriate to develop a full-fledged Concept of reforming the law implementation in Ukraine based on a scientifically substantiated theory, which should, firstly, be approved by the Law of Ukraine, and, secondly, be systematic, secured, logical and consistent.
Key words: constitutional and legal policy, law implementation, efficiency criteria, legal technology, legal monitoring.
Koretsky Institute of State and Law of National Academy of Sciences of Ukraine
Title: Efficiency of law implementation in the context of European integration: issues of theory and practice
Description:
Law implementation takes important place in the mechanism of legal regulation as well as lawmaking since the implementation of the provisions of normative and legal acts contributes to the satisfaction of the interests of subjects of law and the achievement of a general socially useful result.
This issue is relevant in the light of the European integration processes because the strategy of the state’s constitutional and legal policy aimed at adapting not only EU legislation but also elements of law implementing practice in order to improve the legal system as a whole.
In the article there considered the topical issues of the theory and practice of law implementation through the prism of impact factors on the efficiency of law implementation, and also the criteria for assessing this efficiency are determined.
The efficiency of law implementation is considered through the prism of such indicators as the quality and effectiveness of legal acts; the level of legal consciousness and legal culture of subjects of law; the technical and technological process of law implementation; material and financial support of implementing the provisions of legal acts; organisational and legal support of assessing the efficiency of law implementation.
The authors emphasize that during measuring the efficiency of law implementation there should be used both a line of general indicators and criteria of effectiveness and specific ones, i.
e.
those inherent only in a particular branch of law.
The expediency of the proposed approach to determining the efficiency of law implementation is substantiated by the analysis of electoral legislation.
It is concluded that the efficiency of law implementation is a positive correlation between the actual result of law implementation and that social goals for which it was created, what is manifested in the process of actual implementation of legal provisions in the behaviour of subjects of legal relations.
It is considered appropriate to develop a full-fledged Concept of reforming the law implementation in Ukraine based on a scientifically substantiated theory, which should, firstly, be approved by the Law of Ukraine, and, secondly, be systematic, secured, logical and consistent.
Key words: constitutional and legal policy, law implementation, efficiency criteria, legal technology, legal monitoring.
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