法律预测的理论和方法问题

IF 0.1 Q4 LAW
K. Agamirov
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引用次数: 0

摘要

本文以法律预测作为科学活动的一个方向,探讨了法律制度未来可预测性的理论和实践方面,旨在阐明法律发展的新载体对国家、社会和个人的重要性。法律预测通过综合运用一般理论方法、价值论方法、个人方法和工具方法,拓展法理学的思想领域,为实现社会需要和国家利益做出贡献。法律预测的理论范式向实践领域的转化是通过建立法规预测模型和向立法机构提出有关立法现代化的具体建议来保证的。目前,有充分的理由谈论俄罗斯和世界范围内法律预测领域的重大缺陷。对这一论点的一个明确证实是,尽管冠状病毒大流行具有可预测性(在它是非典型肺炎、禽流感、埃博拉之前),但没有一个国家准备好在大流行的背景下进行全面的法律监管,也没有考虑过法律途径。各地的业务立法都是通过试错进行的,造成内部矛盾和不够有效的法律制度,造成对人权的过度限制和立法混乱,有时近乎荒谬。立法程序的随意性除其他外表现在通过的法律的数量上,法律预测就是要对这种随意性设置障碍。存在着大量的参考规则、补充和修正、“对修改的修改”等杂项妨碍了规则的适用,而制定概念性法律草案实际上是一个例外。在联邦一级,没有法律预测作为立法的科学支持方向,规划仅限于提交给即将召开的国家杜马会议的法律草案。区域一级的情况也好不到哪里去。这一切都表明,公共行政制度并没有在一定程度上依赖于法律本质和法律思想中固有的强大的预测潜力,这包括对法律本质的理解及其在现实公共生活中的多种表现。由此可见,法律预测的概念具有普遍和永恒的意义。它汇集了所有一般理论、价值论、个人和工具方法手段,并为获得关于法律和相关政治、经济、社会和精神现象和过程的动态的可靠预测提供了条件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THEORETICAL AND METHODOLOGICAL ISSUES OF LEGAL PREDICTION
The article explores the theoretical and practical aspects of predictability of the future of legal systems based on legal forecasting as a direction of scientific activity, designed to for-mulate the importance of new vectors of legal development for the state, society and the indi-vidual. By combining general theoretic, axiological, personal and instrumental methodological means and expanding the ideological field of jurisprudence, legal forecasting contributes to the realization of social needs and state interests. The conversion of theoretical paradigms of legal forecasting into the practical sphere is ensured by the creation of predictive models of regulations and the development of concrete proposals concerning the modernization of legis-lation to the law-making bodies. At present, there is every reason to speak about the significant shortcomings in the field of legal forecasting both in Russia and worldwide. A clear confirmation of this thesis is the fact that despite the predictability of the coronavirus pandemic (before it was atypical pneumonia, avian influenza, Ebola), no state was ready for full legal regulation in the context of the pan-demic and did not think through the legal ways out of it. Operational law-making was con-ducted everywhere through trial and error, creating internally contradictory and insufficiently effective legal regimes, creating excessive restrictions on human rights and simply legislative confusion, sometimes bordering on absurdities. The haphazardness of the legislative process, which legal forecasting is intended to put a barrier to, is expressed among other things in the number of laws adopted. The existence of a significant number of reference rules, supplements and amendments, "changes to changes" manifold hampers the application of rules, while the development of conceptual draft laws is practically an exception. At the federal level, there is no legal forecasting as a direction of scientific support for lawmaking, and planning is limited to the draft laws submitted to the upcoming session of the State Duma. The situation is no better at the regional level. All this shows that the system of public administration does not in a due measure rely on the powerful predictive potential inherent in the nature of law and legal thought, which includes the understanding of the nature of law and its diverse manifestations in real public life. It follows that the concept of legal forecasting has a universal and timeless significance. It brings together all general theoretical, axiological, personal and instrumental methodological means and provides the conditions for obtaining reliable forecasts regarding the dynamics of legal and related political, economic, social and spiritual phenomena and processes.
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