Окремі проблеми визначення ефективності правового регулювання та ефективності його механізму з урахуванням їх проявів у сфері прикордонної безпеки України

Abstract

The article analyzes the approaches of various scholars to determine the effectiveness of legal regulation and its mechanism as general theoretical categories and manifestations of their effectiveness in the field of border security of Ukraine.The author points out that most scientists limit their coverage to the effectiveness of legal regulation as a whole, bypassing the problem of the effectiveness of its mechanism. Attention is also drawn to the fact that some researchers in their scientific works generally ignore the coverage of both the effectiveness of legal regulation and the effectiveness of its mechanism.The paper proposes factors to determine the effectiveness of legal regulation and its mechanism by various scholars. At the same time, the factors that reduce such efficiency are listed. Among them, the author calls, first of all, the following: backlog of rulemaking from new challenges and threats that take place in the field of Ukrainian border security; the complexity and multifaceted application of the rules of law in the field; the state of legal consciousness and legal culture of the subjects of right-wing activity, as well as the current state of economic, political and law-enforcement development of society and the state as a whole; quality of staffing of the legal and regulatory activity of public authorities, etc.It is argued that the categories of “regulatory effectiveness” and “regulatory mechanism effectiveness” are not identical, and the author proposes five positions to delineate the investigated efficiencies.Finally, the paper emphasizes that proving the lack of an identity between the effectiveness of legal regulation and the effectiveness of the regulatory mechanism will allow the further use of these valuation concepts as different, though closely related.