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Regular version of the site

The Problems of Law Enforcement in Contemporary Russia

2007

Today there is a generally accepted opinion that the application of laws in Russia is ineffective, and, accordingly, such research is highly relevant. At the same time, the complex of the problems of law enforcement has not yet become a subject of special research, which is an obvious obstacle on the way to solving some of the topical practical tasks needed as part of the administrative, budget and judicial reforms. Today we can only mention a few researches on particular aspects (problems) of law enforcement. Moreover, this research was based on a specific positivist paradigm, which included a thesis on the superstructural character of the legal system and its dependency on the economic system. Therefore, the conclusions of the Russian theory of state and law need further examination.

The object of this research is the mechanisms of law enforcement  considered as actual mechanisms of regulation of behavior of specific entities’ (citizens, organizations, governmental bodies) on the basis of general rules

The goal of the work is:

  • Collection of empirical data on the real mechanisms of law enforcement ;
  • Determination of rules of the law enforcement  mechanism; creation of middle-level theories, explaining the specifics of the law enforcement  mechanism;
  • Elaboration of an effective mechanism for realization of regulatory acts in contemporary Russia, as well as recommendations on the improvement of activities of public administration bodies and economic organizations.

A special feature of this research is the use (as a demarcation criterion) of research program methods, as well as the method of rational reconstruction of the development of theories on the concept of law and law enforcement.

The following results were received during the research:

(a) Effective methods of researching law enforcement problems were elaborated;

(b) A conclusion on the correlation between the law enforcement  theory and the general concept of law was successfully proved ;

(c) Reasons of the unsatisfactory situation of the law enforcement theory in the Russian doctrine were determined;

(d) A theoretical basis for the research of law enforcement problems was created, including the problems of law enforcement status;

(e) The structure of law enforcement mechanism was studied;

(f) Specifics of law enforcement  mechanisms in private and public law were determined;

(g) Analysis was carried out and recommendations were made on the creation of a mechanism of legal monitoring;

(h) Problems of regulating the activities of judiciary were studied;

(i) Analysis of law enforcement practice by public administration bodies was carried out;

(j) Problems of law enforcement  in justice agencies  were studied;

(k) Typology of mistakes made by courts of general jurisdiction was formed;

(l) Analysis of the practice of realizing legal rules in business activities was made;

(m) Empirical analysis of the practice of application of labor laws was carried out;

(n) The mechanism of law enforcement in international public and international private law was studied;

(o) Recommendations on the improvement of acts and procedures of law enforcement were created;

(p) Some recommendations on the improvement of public administration activities as part of the administrative reform were suggested.

The results of the research can be used in law making and law enforcement activities by public administration institutions, in the legal doctrine as well as other spheres related to the studied problems.