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Principles, stimuli, conditions and methods of systematization of the arrays of legal regulations in the modern environment

2007
Department: Laboratory of Theory and Development of Legislation

The target of this research is the systematization mechanisms of regulatory acts (legal regulations) and law-making mechanisms.The objective of the work is to supplement the approaches of legal science to the working principles, stimuli, conditions and methodology of legislation systematization in the Russian Federation, proposing a model that with minimal losses will develop legislation, while ensuring its consistency.

The target of this research is the systematization mechanisms of regulatory acts (legal regulations) and law-making mechanisms.

The objective of the work is to supplement the approaches of legal science to the working principles, stimuli, conditions and methodology of legislation systematization in the Russian Federation, proposing a model that with minimal losses will develop legislation, while ensuring its consistency.

Over the last seven or eight years, the amount of legal regulation, including law-making, has increased. However the quality and consistency of legal regulation has not reached a level that would guarantee a coherent force of law in an environment and culture of poor law-enforcement. 

The main research method is the techniques and methods of formal and dialectic logics to create and justify an approach to systematization as a way for the development of legal regulation. In the process of the research work, we have also applied specific-legal (formal-legal, structural-legal and structural-functional) methods. In addition, when working with the Russian and foreign experience of systematization, we applied historical and comparative-legal methods. 

The research is unique as the systematization is treated not as a mechanism of consolidation of the attained legislation development level, but rather as a mechanism for its continuous improvement, including improvement of the content. In this aspect, systematization acts as a law-making mechanism aimed at complex formation of a non-contradictory, comprehensive system of legal regulation that complies with modern requirements, including the division of powers and requirements and mechanisms of administrative reform.

We would like to highlight the following results of the research work:

a) We have made an analysis of the theoretical approaches to legislation systematization and forms of legislation systematization for legislation development;

b) We have made an analysis of Russian and foreign historical experience of law-making systematization;

c) We have justified the fact that legislation (legal regulation) systematization can be used not only for the consolidation of existing regulation, but also for its development. At the same time, systematization can be an organizing factor of public government activity to develop legislation;

d) We have determined the principles, stimuli and systematization conditions for legislation in the Russian Federation;

e) We have proposed methodology and technology of systematization as a means of legislation development conditioned by the existing system of division of powers among different levels of public government in Russia, as well as procedures of adopting various types of legal regulatory acts.

f) We have proposed approaches to the systematization of several legislation (law) sectors: constitutional, entrepreneurial (including insurance, banking and exchange), international private, financial, procedural, labor, energy, educational. We have also dwelled upon the issues of codification (systematization) of international law and its impact on legislation of the Russian Federation.

The research has resulted in a multi-author treatise “Systematization of legislation as a way for its development” (SU-HSE Publishing House, 2011). 

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