ПРО СИСТЕМУ КІЛЬКІСНИХ ТА ЯКІСНИХ КРИТЕРІЇВ ОЦІНКИ ДІЄВОСТІ ПРАВОВИХ ІНСТРУМЕНТІВ ІЗ ЗАБЕЗПЕЧЕННЯ МАЙНОВИХ ІНТЕРЕСІВ ДЕРЖАВИ, СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ ТА ГРОМАДЯН

Abstract

The purpose of the article is to propose a system of quantitative and qualitative criteria for assessing the effectiveness of legal instruments to ensure the property interests of the state, businesses and citizens. Achieving the goals of the article is possible through the use of general research methods and special methods of studying legal phenomena and processes. Among others, methods of induction and deduction, historical and comparative law, modeling, abstraction and others were used, which allowed to analyze the processes of protection of property and property relations in the economy, social sphere, foreign economic activity and propose criteria for assessing the impact of a normative legal act (NLA) on these processes and relationships. The application of the above methods of scientific knowledge allowed to propose the following conditionally quantitative criteria: the number of changes and additions made to the NLA; the number of appeals to law enforcement and judicial bodies due to the threat to the property interests of the state, business entities or citizens; dynamics of the number of “raider” attacks on property of the state, business entities and citizens; the number of references to NLA in the scientific and special professional legal literature; the number of views and downloads of NLA on the Internet; the level of support for the NLA among lawmakers, government officials and the business elite and society at large; and the following conditionally qualitative criteria: the form and structure of the NLA, as well as the legal technique of setting out its provisions; the level of confidence of domestic and especially foreign investors; the NLA has pro visions on liability for damage to property and property rights with a mandatory relationship with the rules of criminal and administrative law; the degree of compliance of the Ukrainian NLA and the level of its implementation with European and world standards. It is concluded that the given non-exclusive list of 10 criteria, none of which can be considered absolutely objective, in its entirety can be recognized as a system, the complexity of which will bring the assessment of the effectiveness of legal interests of the state, businesses and citizens to objective.