Legitimacy and Effectiveness of Law:to the Question of Concepts, Their Content and Relation

Abstract

The article deals with the problems of approaches of the modern doctrine to the concept of «legitimacy of law», the ambiguity of which is dictated by the variety of existing types of law, the multiplicity of factors that determine the content of law. At the same time, the search for legitimacy criteria in the future should become the basis for the formation of a constructive model of interaction between the state and society, ensuring the proper state of public order. The most preferable approach to the assessment of law is the use of the concept of «efficiency», which in the domestic science is devoted to a lot of scientific work. The analysis of approaches to the essence of the effectiveness of law, allows to determine its criteria, quality certainty, which include the following: the expression and consistency of social interests in the legislation, the quality of normative legal acts and legal norms and normative activities, the achievement of the objectives of legal regulation, including in the form of desired changes in the social sphere, the feasibility of legislative decisions through multi-option and proportionality of social goals, norms and legal means to achieve them, provision of the right to an effective system of justice and other law enforcement agencies. In addition, the factors that inf luence the effectiveness of law are important: the economic development of society and its cultural development, internal and foreign policy, national and ideological, social and psychological. Of particular importance is the study of factors affecting the effectiveness of the legislation of the Federal state. It is emphasized that the combination of factors with their constant changing ratio (by prerogative and scope of inf luence) largely determines the development, including the rule-making of the Russian Federation.