Effectiveness Of Legal Regulation Research Articles

The principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings

The article examines the theoretical and legal foundations of the principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings. The relevance is because the studied principle reflects and concretizes one of the main and specific ideas of law, which distinguishes it from other social regulators, the idea of certainty. The subject of the study is the principle of legal certainty of law, its aspects, functions, and place in the system of principles of administrative proceedings in relation to the mechanism of legal regulation. The methodological basis made up of general scientific and special legal methods of cognition. With the help of a systemic approach, the system of general legal principles is considered and the place occupied by the principle of legal certainty is determined. It is noted that the principle of legal certainty expresses the basic idea and requirement of the certainty of legal regulation, which is achieved due to clarity, precision, unambiguity and non-contradiction of legal norms and individual-authority precepts, clarity of the order of operation of a normative-legal act, stability of legal relations, stability of legal relations, law. It indicated that legal certainty is the result of legal regulation, which characterized by compliance with the set of requirements of the principle. The adjective «legal» emphasizes the signs (quality, property) of certainty, highlighting the state of the legal sphere of society as a characteristic. In the field of action, the principle of legal certainty is generally legal. The general nature determined by the set of requirements relating to all branches of law, including administrative proceedings. The main requirement is the determination of the rule of law as an initial element of the mechanism of legal regulation, since its clear functioning in the future depends on its consistent content. Clarity presupposes an adequate perception of the meaning of the legal norm by the subjects of the law. Accuracy means compliance of the wording of the law with established legal concepts, terms, and constructions. Non-contradiction implies its consistency with the system of current legal regulation. Pedal perspectives of the study touch upon the issues of the influence of the principle on the effectiveness of legal regulation.

Zasada „laissez-faire” w prawie podatkowym podczas kryzysów

In the last three years, the whole world has been struck by several crises. These extraordinary circumstances made many governments intervene much more in the economy, including tax law amendments. Many countries, including the Czech Republic, decreased several taxes or even abolished some as a kind of subsidy. This has resulted in a sharp rise in the public debt. The paper’s main aim and also the hypothesis to be confirmed or disproved is to answer the question of whether it would not be better to leave tax systems untouched in times of economic and other crises. To meet the contribution objectives, the IMRaD structure of the article is being used. The research part indicates amendments to the tax acts in the recent three years, justified on the grounds of the economic crises caused by the COVID-19 pandemic or consequences connected with the Russian invasion of Ukraine. In the discussion, the relationships between the new legal norms and the legal behavior of taxpayers are predicted, and the effects of legal regulation on the economic behavior of taxpayers are explained. Legal amendments also affect public budgets’ revenues. In conclusion, the strengths and weaknesses of de lege lata regulation in the study area are identified, and amendments de lege ferenda are suggested.

On the scientific scope of the “legal drafting” concept

The article attempts to define the content of “legal drafting”, as well as its place and role in the categorical apparatus of the theory of law. It investigates the main scientific approaches to the definition of the concept and classification of types of legal documents technology. The paper determines its axiological significance through a functional methodological approach, the impact on the effectiveness of legal regulation, as well as the place and role in the categorical apparatus of the theory of law. The findings of the research show that the terminological feature of the concept of “legal drafting” is described through a number of aspects. First of all, this term performs the function of a “framework concept” and is often subjected to erroneous idealization. At the same time, the term “legal drafting” has a polysemantic character and, therefore, enjoys a poly conceptual scientific maintenance; basically, it refers to the instrumental part of legal activity. The research concludes that the legal drafting technique occupies a special place in the categorical system, which is primarily due to the difference in approaches to its interpretation, and the large volume of its content.

Deliberativity and aleatory procedures as a legitimation of somatic human rights: experience of the Republic of Ireland and the Commonwealth of Australia

The article demonstrates the importance of deliberative institutions and procedures in constitutional politics, on the example of the regulation of somatic and genetic human rights. The article identifies the relationship between the effectiveness of legal regulation and deliberative communication in the context of the “juridification of society”. The methodological foundations of deliberative procedures are revealed. In this work, we analyze the reasons for the development of deliberative procedures in the context of biopolitics. Particular attention is paid to the process of expanding the scope of legal regulation in the information state, and we have shown the historical process of increasing relations regulated by law. The authors illustrate the specifics of the legitimation of somatic human rights in a modern state and explore the current procedures for the legitimation of law. A comparative legal analysis of the deliberation principle in the adoption to public law decisions and the achievement of public consensus is given. The authors also assess the degree of significance of aleatory procedures, examining for this purpose the process of constitutional novelization on the example of amending national constitutions (for example, the Constitutions of the Republic of Ireland and the Commonwealth of Australia). This research also shows the effectiveness of certain aleatory procedures with the participation of randomly selected citizens, among them special attention is paid to the so-called “civil assemblies” and “citizens’ jury”. Such aleatory institutional forms are assessed as an important condition for the legitimacy and effectiveness of constitutional reforms.

Adaptation of banks' services in Ukraine to EU requirements

Problem setting. A properly functioning banking system that facilitates the provision of modern banking services, which is ensured by effective national legislation and its harmonization with EU law, can be considered a necessary prerequisite for the economic stability of any modern state. However, the effectiveness of legal regulation cannot be achieved without a clear understanding of the essence of the object of regulation and the instruments of influence on it, the place of banking regulation in the reforming and post-war restored economy of Ukraine, including in the conditions of modern regulatory mechanisms, such as Industry 4.0. Analysis of recent researches and publications. In recent years, the problems of legal regulation of banking operations have been dealt with by scientists from various fields of science and law, which corresponded to the current challenges of the time of conducting research. During the formation of banking law and legislation in Ukraine, the concepts of banking services and operations were mostly provided by Ukrainian scientists, in particular such as I. A. Bezkluby, O. O. Kachan, I. L. Nurzad, O. P. Orlyuk, most often on on the basis of a functional and substantive analysis or on formally legal grounds of the legislative definition of banking activity. Zh. O. Andriichenko, I. M. Chmutova drew attention to the development of the banking supervision system for banking operations based on a risk-oriented approach, the reliability of Ukrainian banks and their ability to resist the risks of money laundering. Bank payment services to be investigated by V.P. Bohun, I. M. Zhukov, S. M. Polovko, defining their content and tasks for improvement. At the same time, in the presence of separate legal concepts of financial services markets, including banking services, directly banking operations and types of banking activity, it becomes necessary to harmonize the legislative regulation of banking activity with the existing mechanisms of state regulation of the economy of Ukraine. Target of the research. In connection with the noted problems, in order to answer the question of the formation of directions for the legal regulation of banking activity and, at the same time, the state policy regarding the transition of the economy to Industry 4.0, the proper performance of the functions of financial intermediation of banks, it is necessary to determine possible tasks for the harmonization of further regulation of banking activity, the provision of financial services with mechanisms for restructuring the functioning of the economy of Ukraine in the conditions of Industry 4.0, as well as to note the trends of approximation of the regulation of banking operations to the requirements of the business environment, taking into account the interests of banks or their clients. Article’s main body. The actual dualism of the regulation of banking activity in Poland performs at least two functions: first, it defines the list of types of purely banking activity, and secondly, it clearly defines that these types of activities constitute the special competence of banks. Similar operations in the Law of Ukraine "On Financial Services", as well as in the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, dated September 6, 2014, and in the Appendix regarding financial services to the General Agreement on Trade in Services (the Protocol on the Accession of Ukraine to the World Trade Organization, ratified by the Law of Ukraine "On the Ratification of the Protocol on the Accession of Ukraine to the World Trade Organization" dated 04/10/2008 No. 250-VI are classified as financial services and have in these normative acts, the substantive identity of the terms given in Directive No. 2013/36/EU for types of financial services, which are worded differently from the terms of these transactions in the Law of Ukraine "On Banks". Conclusions and prospects for the development. It is necessary to deviate from the definition of normative regulation of banking activity: either to remain on the basis of stable normative regulation or to regulate banking activity taking into account modern world trends regarding banking activity and financial services and as markets that contribute to the economic growth of the country. Therefore, there is currently a question regarding the improvement of approaches in accordance with which it is necessary to determine the ratio of modern means of legal regulation of banking activity, their justification and mandatory introduction into the economic and legal mechanisms of Industry 4.0.

Review of the monograph by Kolosov, I.V. (2022) History of legal consequentialism: Effectiveness of law. Moscow, Yurlitinform Publ.

The review on the monograph by Igor V. Kolosov “History of Legal Consequentialism: Effectiveness of Law” analyzes and evaluates the content of the monograph. The review emphasizes and investigates contribution of the monograph to the modern development of historical and theoretical ideas about effectiveness of legal regulation and law enforcement, as well as the main practical conclusions of the monograph. In the modern period, when confrontation of various kinds of interests is evident, profit and result are the main guidelines in practical activities almost everywhere. Due to this, common legal and human values, including the need to ensure equality and justice, as well as issues of general legal and human values are more relevant and significant than ever. This makes us refer to classical thought, requires adaptation of ideas formed throughout the history of legal thought to modern realities to improve the existing legal order.

PROBLEMS OF LEGAL REGULATION OF A TRADE AGGREGATOR AS A DIGITAL TECHNOLOGY PLATFORM

The study of the features of a trading aggregator is a relatively new direction in legal science. The article discusses the concept, principles and participants of a trade aggregator as a kind of digital technology platform in the Russian Federation. The relevance of the topic is due to scientific and practical interest in the problem of improving the efficiency and effectiveness of legal regulation, the quality of regulatory legal acts. The lack of a federal legal framework and uniform approaches to terminology in this area significantly hamper the development of legal regulation and create difficulties in the field of practical activities to protect the rights and interests of consumers. The purpose of the study is to determine the further directions of its development based on the analysis of scientific materials affecting various aspects of the trade aggregator, federal regulatory legal acts. Methodological tools are selected taking into account the goals and objectives of the study. The methodological basis was a complex of general scientific, private scientific and private legal research methods: dialectical approach, systemic, logical methods, formal legal, comparative legal and other methods of scientific knowledge. The authors come to the conclusion about the need for more conceptual normative transformations. The results of the work can be used both in studying issues related to the concept, essence and features of a trade aggregator in the digital services market in the Russian Federation, and in developing proposals for improving legal regulation in this area. The concept and principles of a trade aggregator require clarification. It is necessary to understand the legal capacity and capacity of various participants in the trade aggregator in order to avoid violating the rights and interests of consumers, suppliers and other participants in today's digital environment.

CONTROVERSIAL ISSUES OF LEGISLATIVE REGULATION AND DEFINITIONS OF THE CONCEPT "LEGAL MONITORING"

The article discusses the key issues in the development of the legal monitoring institute in the Russian Federation. The relevance of the topic is conditioned by scientific and practical interest in the problem of improving the efficiency and effectiveness of legal regulation, the quality of regulatory legal acts. Studies of the legal monitoring institute is a relatively new direction in legal science, the objective necessity of which is due to modern challenges in the development of Russian legal system. The absence of a federal legal framework, uniform approaches to terminology in this area significantly hamper the development of this legal institution, give rise to unreasonable variability of regional legal regulation, difficulties in the field of practical activities for monitoring law enforcement. The purpose of the study is to determine further directions of its development based on the analysis of scientific sources describing various aspects of legal monitoring, federal and regional regulatory legal acts. The methodological apparatus is selected taking into account the purposes and objectives of the study. The methodological basis is formed by a complex of general scientific, special scientific and special legal research methods: dialectical approach, systematic, logical methods, formal legal, comparative legal and other methods of scientific cognition. The authors come to conclusions about the need to adopt a federal law, through which unified approaches to organizing and implementing the legal monitoring will be formed, its legal basis will be unified. The types and the structure of legal monitoring need to be clarified, which may include such elements as monitoring of draft regulatory legal acts, monitoring of existing regulatory legal acts, monitoring of law enforcement. It is necessary to expand the subject composition of legal monitoring by including, in addition to authorities, civil society institutions, representatives of the legal community, science, independent experts and other subjects. A system of general legal and special principles of legal monitoring has been proposed to become statutory in the federal law, which can become a guideline determining the content and directions for the development of this institution at all levels of its implementation.

Systematization of legislation as a way to ensure the effectiveness of legal regulation: theoretical and legal aspects

The analysis of the current state of legislation indicates that there are several problems, the solution of which can significantly increase the effectiveness of legal regulation. Achieving a high level of quality of legislation is possible by creating a certain model of systematization of legal norms, as well as the formation of a structured system of legislative acts. Systematization of legislation as a type of law-making should become a starting point in solving the problem of inefficiency of legal regulation, since it is the primary link of the mechanism of legal regulation. It wasconsidered that there was a need to provide a unified concept of reforming administrativeand tort law, which should be based on scientific and practical conclusions basedon the dynamics of changes in legislation. The author defends the position of full codification of administrative liability in compliance with the principles of completeness and consistency in a single normative legal act. In order to achieve certainty of the legal regulation of administrative liability, taking into account the two-level system, it is proposed to establish a single form of codification of norms in the legislation of the constituent entities of the Russian Federation.

The legal nature of antitrust compliance as a mechanism for respect of national and in- ternational legal regulation of protection of economic competition

The article considers the legal nature of antitrust compliance as a mechanism of respect for national and international legal regulation of protection of economic and commercial competition. The author researched the influence of antitrust compliance on the quality of competition advocacy, on the prevention of violations of legislative norms in the field of protection of economic competition and on reducing the overall workload on the state antitrust authorities. The article analyzes the legal concept of antitrust compliance in narrow and broad interpretations. It is proposed to examine the legal nature of antitrust compliance through a functional approach, which includes the vectors of antitrust compliance that constitute its essence, as well as through the normative provisions of antitrust compliance at the legislative level.The article describes in detail such vectors of antitrust compliance as assessment of market specifics, assessment of own market share, assessment of risk zones in connection with information exchange, assessment of the level of employees’ awareness of compliance with corporate antitrust compliance rules, assessment of potentially high-risk forms of legal activities (in particular the dominant position, the risk of unfair competition, horizontal and vertical agreements, mergers and acquisitions agreements, not providing information to the state antitrust authorities. The article describes in detail such vectors of antitrust compliance as assessment of market specifics, assessment of own market share, assessment of risk zones in connection with information exchange, assessment of the level of employees’ awareness of compliance with corporate antitrust compliance rules, assessment of potentially high-risk forms of legal activities (in particular the dominant position, the risk of unfair competition, horizontal and vertical agreements, mergers and acquisitions agreements, not providing information to the state antitrust authorities).Special attention is paid to the influence of antitrust compliance mechanism in M&A transactions. The author links the provision on antitrust compliance at the legislative level with the overall effectiveness of legal regulation of protection of economic competition.The article extensively examines the forms of legislative provisions on antitrust compliance, in particular in the form of recommendations, standards and norms of laws. The author analyzes the experience of foreign state antitrust authorities regarding the normative provisions of the antitrust compliance mechanism. The article reviews approaches of the European Commission, the Competition Bureau of Canada, the French Competition Authority, the UK Office of Fair Trading, the Antitrust Division of the U.S. Department of Justice and others. In addition, the author highlights ways to encourage the implementation of antitrust compliance in companies by recognizing the existence of antitrust compliance programs as a mitigating circumstance in the case of punishment, including by reducing the relevant sanctions. The author focuses on the relevant foreign jurisprudence. The legislative provisions of separate vectors of antitrust compliance in the Ukrainian legislation were found, in particular, a review of the leniency program was made. The implementation of a comprehensive regulatory and legal establishment of the mechanism of antitrust compliance in Ukraine is proposed.

Legislative Regulation of the Activities of Intelligence-Gathering Units of the Penal System in Ensuring the Execution of Punishment

Introduction: the article analyzes legislative norms regulating the activities of operational units of the Federal Penitentiary Service of Russia. Aim: by analyzing the norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, to put forward proposals for introducing amendments to certain norms so as to improve the effectiveness of legal regulation of the activities of operational units of the penal system. Methods: comparative legal method, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: having analyzed certain norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, we see that the norms under consideration are in a certain contradiction, and there are also gaps in the legislative regulation of the activities of operational units of the Federal Penitentiary Service of Russia. Conclusions: we argue that structural operational units of the territorial and central management bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities outside the territory of correctional institutions, including cases when such activities are conducted according to regulations set out as the tasks of intelligence-gathering activities in institutions executing sentences in the form of imprisonment. We also argue that operational units of the territorial bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities aimed at establishing the location of convicts, those who have escaped from correctional institutions, their detention and delivery to the investigator (inquirer) for conducting investigative actions. We note legal gaps in the legislative regulation of these measures and propose amendments to legislative acts aimed at improving the effectiveness of law enforcement practice.

FEATURES AND METHODS OF EXPERT STUDY APPLICATION IN ASSESSING THE EFFICIENCY OF ANTI-CORRUPTION

The article discusses the methodology of applying the expert-analytical research method for the analysis of the effectiveness of anti-corruption measures at the state and regional levels. The concepts of the subject and object of corrupt practices, the level of corruption as well as the main directions of existing anti-corruption measures are clarified. The purpose of expert-analytical research is revealed as the identification of problematic relationships, the effectiveness of regulation and law enforcement in the provision of state and municipal services to business entities in the regions of Russia. The author believes that the main tasks of an expert-analytical study are the following: comparative analysis of the effectiveness of the provision of state and municipal services to business entities by federal, regional and municipal authorities; measuring the level of corruption and corruption risks in the fulfillment of state (municipal) functions by the authorities and administration and in the provision of state (municipal) services in the field of entrepreneurial activity. It is concluded that, within the framework of an expert-analytical study of the effectiveness of anti-corruption measures, it is advisable to use a complex instrumental indicator of the "effectiveness of legal regulation" (ELR*), which is calculated as the average sum of its constituent local indicators of the effectiveness of normative legal acts regulating the procedure for providing state (municipal) services to business entities, including the completeness and quality of legal regulation, the duration of the period and the optimality of the procedure. The methodology for calculating average indicators and indices of the effectiveness of legal regulation (ELR*) is shown, which makes it possible to determine for each state (municipal) service a system of parameters (coordinates), relative to which, taking into account the signs of the effectiveness of law enforcement and the level of corruption, the priority of choice and the sequence of specialized anti-corruption examination of the relevant services of the authorities are carried out.

Историко-правовые и идейно-политические предпосылки формирования и развития института народного контроля в СССР

Introduction. The controversial nature of most of the aspects related to the content and essence of people’s control, the assessment of its historical role and significance in the system of state administration of the Soviet period, the effectiveness of legal regulation and the political problems of its implementation still arouses a genuine interest of the scientific community in the study of this phenomenon. Theoretical analysis. People’s control in the USSR was both a developed ideological and political concept and a real political and legal institution. The founder of the concept of people’s control was V. I. Lenin, who, in his numerous works, described a clear justification of its relevance in the conditions of socialist democracy. Empirical analysis. It was revealed that the process of development of the institution of people’s control in Soviet Russia was largely influenced by the worldview of the country’s top leadership, which demonstrated polymorphism of opinions on the role and significance of popular control in the system of socialist governance. There are three stages of formation and functioning of the system of people’s control in Soviet Russia, which had their organizational and institutional features. Results. The study of the ideological, political and historical and legal prerequisites for formation of popular control led to the conclusion that popular control was a specific institution characteristic of the socialist type of government. It passed a rather difficult historical path: from workers’ control in the first years of Soviet power to a very complex organizational and institutional system of state and public control in the last decades of the existence of the USSR.

Наследование имущества индивидуального предпринимателя

The last will issues are always relevant, since they are associated with the desire and ability of a citizen to provide financially for their heirs. The current legislation takes into account the will of the testator and reflects, to some extent, the changes that occur in society. The present article features the current inheritance law of the Russian Federation, which, as it appears, do not reflect the special legal status of an individual entrepreneur. The authors analyzed statistical data confirming the place of individual entrepreneurs in the modern economy. The legislation on inheritance underestimates this fact, which leads to a violation of people’s rights and negative consequences in the business sphere. The research objective was to consider the issues of inheritance after the death of an individual entrepreneur, taking into account the preservation of the business, the stability of civil circulation, and the interests of the testator. The authors examined the existing approaches to the legal status of an individual entrepreneur and various cases of controversial conclusion about the property inheritance. They also assessed the effectiveness of legal regulation of inheriting the property of an individual entrepreneur and developed options for preserving the business, including a trust management agreement for inherited property. However, the notarial practice in this regard remains quite inconsistent. The paper contains several proposals for improving the current inheritance law.

ЕКОНОМІЧНА ЕФЕКТИВНІСТЬ ПРАВОВИХ НОРМ ТА ЇЇ ОЦІНКА ЧЕРЕЗ ПРИЗМУ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА (НА ПРИКЛАДІ ПОДАТКОВОГО ЗАКОНОДАВСТВА)

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

Соотношение институциональных и социокультурных аспектов эффективности права

Law is the object of studying many different disciplines. There are specialized legal studies, philosophical understanding of legal issues, sociological consideration of law as a social institution. However, regardless of whether the study has a theoretical or applied aspect, it ultimately affects the practice of legal relations. Law as a regulator of public relations exists as a continuously developing practice. This determines the pronounced applied nature of legal knowledge, and at the same time updates the question of the effectiveness of law, its degree of conformity with the function laid down in the legal system. This question has traditionally been attributed to the paradigm of positive law, but this approach is incorrect. In fact, even at the level of natural law theory, we see a desire to improve the current regulatory system. On this basis, the issue of improving the legal system, improving its effectiveness, is one of the central ones for legal knowledge. Accordingly, at the level of various disciplines, there are developments that reveal this issue. In this article, the question of the effectiveness of law is consistently raised, which is resolved in the framework of an analysis of its two most important factors - the legal consciousness and the state of social institutions. The article details the impact of the state of social institutions on the level of law and order in society. The importance of legal awareness as a factor in the effectiveness of legal regulation is also considered. Mechanisms of influence of legal consciousness on social processes, as well as factors of formation of different types of attitude to law are analyzed. It is proved that the legal well-being of society depends on a combination of institutional and worldview factors.

Separate conflict problems of ancipal judicial decision

The article examines the problems arising in law enforcement practice associated with one of the stages of civil proceedings - the execution of a court decision in absentia. Collisions arising at the stage of the execution of a court decision in absentia, and the negative consequences associated with this fact, are characterized not only by the violation of the rights and legitimate interests of the plaintiff, but also mediate a decrease in the image of the judicial system, and state institutions in general due to the presence of this negative phenomenon. The decision in absentia is not a novelty of civil proceedings, however, despite this, its detailed study reveals the presence of «dark spots» that force the law enforcement officer to look for effective ways to exclude them, which would not contradict the norms of other branches of law: executive, labor and some others. The article provides the norms of the current civil procedure legislation governing the institution of extramural proceedings, examples of cases from current judicial practice. In addition, the study, along with the legal one, provides an etymological analysis of the phenomenon of collision. In the conclusion of the article, it is emphasized that legal collisions have a negative effect on the effectiveness of legal regulation, the state of law and order. They contradict the existing legal institutions, come into conflict with the legal system and, thereby, hinder the development of the state. Along with the indicated negative aspects, the authors of the article analyze the existing «recipes» for eliminating collisions and propose new ways to overcome them.

On the issue of the effectiveness of legal regulation the use of various natural resources in the exploration and production of minerals

On the issue of the effectiveness of legal regulation the use of various natural resources in the exploration and production of minerals

Calculation of the effectiveness of legal regulation on the example of housing construction in the USSR

Calculation of the effectiveness of legal regulation on the example of housing construction in the USSR

Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes.
 It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task.
 It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.