State and problems of legal regulation of public relations in the field of the agro-industrial complex

Abstract

Purpose: The purpose of this work is to establish, on the basis of a systematic analysis of the factors influencing the provision of legality, the elements of the modern deterministic complex of negative phenomena in lawmaking, law enforcement and judicial practice related to the effectiveness of law enforcement in the Russian Federation. Design/methodology/approach: The methodological basis of the study was the comparative-legal, statistical, structural-functional and method of expert assessments. Findings: Today in Russia, in the conditions of state-political transformations, the main functional burden for their successful implementation is placed on the rule of law as the main socializing regulatory institution. It has an extremely negative impact on the state of the legality of the problem in lawmaking and law enforcement. To understand the essence of these problems and minimize their consequences, the authors substantiate the need to study the identified issues within the framework of the concept of legal dementia. Legal dementia is such a state of compliance by subjects of law with the provisions of the law, which is characterized by a failure to some extent by state bodies not only to fulfill their functions, but also inability to respond due to a low level of competence and professionalism to factors that weaken the effectiveness of legal guarantees. Originality/value: The study made it possible to come to qualitatively new conclusions substantiating the dominance of legal dementia in the impact on the state of law in modern society. In order to increase the effectiveness of guarantees of legality, it is proposed to create a State Commission for the Codification of Legislation; to develop and implement the Concept for Ensuring the Rule of Law in the Russian Federation, which provides for a set of measures aimed at the uniformity of judicial practice.