Сущностная характеристика правового эксперимента

Abstract

The phenomenon of a legal experiment and current problems that are of their nature are researched here. The notion of law is based on the instrumental approach and identified as the new tendency of law-making development which lies in necessity to identify possible effects that a regulatory act can have towards social relationships. It is alleged that all jurisprudence practice is made up of estimation procedures. The own interpretation of a “legal effect” is given here. It is identified that some rules of law are not always possible to predict their influence, therefore those who are given law-making authority have to use the mechanism of a legal experiment in their practice. The approaches to understanding of legal experiment that there are in the theory of state and law. They are set out and analyzed extensively. The definition of legal experiment from existing legislation was explored. The approach to understand the legal experiment was formulated. On the one hand, this approach accumulates all previous formulation in this area, but the other hand it proposes new view of nature legal experiment. In the source base has been invested the regulation of existing domestic legislation and also doctrinal writings in this area including foreign-language. There is innovativeness to research the legal experiment here. Innovativeness lies in the integrated vision of nature of legal experiment. It has great mythological importance to all legal science. The conclusion of understanding of legal experiment as a method of legal prediction has been done. There was defined the place of legal experiment in the semantic row of the theory of state and law. The nature of understanding of legal experiment has been determined on the basis of author approach.