Legal anomie as a factor in reducing effectiveness of law-making activities

A. Malko, Dmitry A. Lipinsky, Aleksandr A. Ivanov, R. Markunin
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Abstract

The article investigates the issue of legal anomie through the prism of amendments to the current Russian legislation. It is noted that in critical situations of society development, such changes can be explained both by the need to regulate new social relations and by the development of anomie penetrating into the structure of public administration. The article analyzes characteristic of the subject of legislative initiative through manifestation of legal idealism. The method of comparing the number of amendments introduced to various regulations is applied, which allows to conclude that there is a frequent lack of consistency in legislator’s actions. It is noted that legislation concerning various spheres of legal regulation changes in different ways. Constitutional legislation is given as an example of rational amendments. It is concluded essential to move from periodic changes in the law to scientifically based legal reforms, within the framework of which the amendments to the law should be characterized by consistency and systematicity. The leading role in overcoming destructive processes in the development of domestic legislation is assigned to the Constitutional Court of the Russian Federation. It is concluded that the process of amending legislation and its dynamics has a certain historical connection with the development of legal anomie in society. The different activity in the development of new bills, which is characteristic of different participants in the legislative process, may indicate that the level of anomie is not the same in different authorities and at different levels of public administration. Particular attention is paid to consideration of the specifics of implementing the right of legislative initiative by the representative bodies of the constituents of the Russian Federation. The spread of legal anomie in the legislative process is one of the most dangerous phenomena in the legal system; it has the most destructive impact on the effectiveness of law enforcement and justice.
法律反常现象是降低立法活动效力的一个因素
文章从俄罗斯现行法律修正案的角度研究了法律反常现象问题。文章指出,在社会发展的关键时期,这种变化既可以用调节新的社会关系的需要来解释,也可以用渗透到公共管理结构中的反常现象的发展来解释。文章通过法律理想主义的表现形式分析了立法倡议主体的特点。文章采用了比较各种法规修正案数量的方法,从而得出结论:立法者的行动经常缺乏一致性。我们注意到,涉及不同法律规范领域的立法以不同方式发生变化。宪法立法就是一个合理修订的例子。结论是必须从定期修改法律转向科学的法律改革,在此框架内,法律修正案应具有一致性和系统性。俄罗斯联邦宪法法院在克服国内立法发展过程中的破坏性进程方面发挥着主导作用。结论是,法律修订过程及其动态与社会中法律异常现象的发展具有一定的历史联系。立法过程中不同参与者在制定新法案方面的不同活动可能表明,不同当局和不同级别公共行政机构的反常现象程度并不相同。本文特别关注了俄罗斯联邦各主体代表机构落实立法倡议权的具体情况。立法过程中法律反常现象的蔓延是法律体系中最危险的现象之一;它对执法和司法的有效性具有最 大的破坏性影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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