MEANS OF REALIZATION OF LEGAL POLICY: THEORETICAL AND METHODOLOGICAL ANALYSIS

Abstract

The article is dedicatedto the research of nature of legal means that assist to realizing a qualitative and effective legal policy of the state. The different interpretations of the notion “legal means” are analyzed. There considered a system of legal policy means that includes both legal and non-legal instruments and technologies, which, in their turn, form two independent subsystems. The author’s definition of the concept of “means of legal policy” and their classification are presented. There made the conclusion that the possibility of achieving the set goals is directly dependent on how fully, efficiently and rationally the means of formation and implementation of legal policy will be applied.Legal policy is a complex and many-sided social phenomenon that plays the role of an effective instrument of improving the mechanism of legal regulation in the system of law for the modernization of the legal life of society in a progressive way. The efficiency of legal policy is evaluated as a rule by the results of achieving the set goals and fulfilling the corresponded to them tasks. There is the fundamentally important question by what means the goals were achieved and whether the expenditures are justified. At the same time, analyzing the state of legal life of Ukrainian society, one can note not enough high effectiveness of legal instruments. The search of ways of improving the law-making process actualizes the question of the doctrinal defining the nature of legal policy means that should contribute to the practical enhancement of the social value and effectiveness of legal instruments. The algorithm of actions for the formation and implementation of legal policy should be as follows: defining the specific goals – using the adequate means – achievement of desired result.The author reveals the essential characteristics of the category “legal policy means” on the basis of theoretical and methodological analysis with the purpose to substantiate the practical value of legal means. There noted the direct dependence of the possibility of achieving the set goals on how fully, effectively and rationally the instruments of formation and implementation of legal policy will be applied.Means, in any area of public policy, are instruments and technologies. In legal literature all means of legal policy are traditionally divided into directly legal and non-legal means. Exactly such legal means as various instruments (normative directives) and technology (various acts of practical implementation of regulatory directions in life) play a leading role in the implementation of legal policy.Therefore, means of legal policy are the instruments and technologies that are used for implementing the strategic legal ideas, which underlie legal policy, into practice.The system of legal policy means includes both legal and non-legal instruments and technologies. It is necessary to arrange the system of legal policy means in order to eliminate the existing contradictions, conflicts between the legal means that form the normative basis of legal regulation. Besides, non-legal means should be more actively used to increase the effectiveness of legal policy.