Open AccessA CHOICE OF LEGAL ACT DURING LAW-MAKING PROCESS
Author(s) -
Mikhail B. Rumyantsev,
Vladislav Yu. Turanin,
Arsen V. Akopyan,
Дина Викторовна Алонцева,
Olga V. Batova
Publication year - 2019
Publication title -
humanities and social sciences reviews
Language(s) - English
Resource type - Journals
ISSN - 2395-6518
DOI - 10.18510/hssr.2019.74183
Subject(s) - public law , private law , novelty , law , originality , harmonization , process (computing) , commercial law , choice of law , value (mathematics) , political science , law and economics , economics , computer science , conflict of laws , psychology , social psychology , physics , machine learning , creativity , acoustics , operating system
Purpose: There is a problem of legal act choice during the law-making process considered in the paper. A method for step-by-step choice algorithm is advanced. The algorithm is associated with public relationship assessment. The public relationships to be regulated must have a certain social value.
Methodology: The method for step-by-step choice is developed based on the public relationship assessment method extracted from law books. Despite existing in law books the criteria for public regulation needs, the method for act choice itself was not elaborated. The new methodological tools to create driving law-making researches are introduced.
Result: The law-making solutions must appear from objective public relationships needs to change which are stem from the political, economic and social conditions considered. Law-making solution projects should be legally examined as well as drawn up through public discussion which can help to find optimal alternative of the solution. The problem of interrelation between harmonization and uniformization on different legal regulation levels is also marked. Self-Regulation in private law branch is represented to be maximally developed because the higher self-regulation the fewer laws, orders, regulations, and instructions to be adopted. All legal act choices should promote self-regulation as much as possible. This could reduce law-enforcement authorities’ load. Legal act choice is a weak scientific field in which much is to be done.
Applications: This research can be used for the universities, teachers and education students.
Novelty/Originality: In this research, the model choice of the legal act during law-making PROCESS is presented in a comprehensive and complete manner.