Legal Monitoring: Instrumental Value and Vectors of Development

Chernogor, Nikolay; Zaloilo, Maksim

doi:10.18384/2310-6794-2018-3-8-21

Bulletin of the MSRU (Jurisprudence)

2018

DOI: 10.18384/2310-6794-2018-3-8-21

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Legal Monitoring: Instrumental Value and Vectors of Development

Nikolay Chernogor

Maksim Zaloilo

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“…On legal monitoring see:(Arzamasov & Nakonechnyj, 2009;Baranov & Mushinskij, 2011;Bachilo, 2009;Chernogor & Zaloilo, 2018).7 On legal analytics see:(Isakov, 2014;Dankova, 2016).…”

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confidence: 99%

Administrative regulations as a type of public administration acts

Arzamasov

Геннадьевич²,

Nazaykinskaya

2021

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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The article examines a relatively new type of public administration acts for the Russian legal system - administrative regulations. Despite the widespread use of this type of act, its legal nature, features of the legal structure, and classification remain insufficiently studied, which determines the relevance of this study. The purpose of the study is to identify the specific characteristics of administrative regulations, allowing to classify them as a special tool for realisation of various public administration forms. Achieving this goal suggests analysis of regulatory legal acts, both Russian and foreign, as well as certain approaches to legal doctrine to determine the essence of administrative regulations, various public administration forms, and acts of public administration. Based on the analysis of theoretical and empirical data, the authors offer their definitions of acts of public administration, administrative regulations, and tools for realisation of public administration forms. In the process of research, the authors used a formal legal method that allows characterising the legal nature of administrative regulations, their role, and place in the system of acts of public administration, a comparative legal method to identify the general and the special when comparing domestic and foreign experience and general logical methods (analysis, synthesis, analogy).

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“…On legal monitoring see:(Arzamasov & Nakonechnyj, 2009;Baranov & Mushinskij, 2011;Bachilo, 2009;Chernogor & Zaloilo, 2018).7 On legal analytics see:(Isakov, 2014;Dankova, 2016).…”

mentioning

confidence: 99%

Administrative regulations as a type of public administration acts

Arzamasov

Геннадьевич²,

Nazaykinskaya

2021

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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Controversial Issues of Legislative Regulation and Definitions of the Concept "Legal Monitoring"

Vereshchak

Marinin

2022

Oecon. et jus

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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.

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Legal Monitoring: Instrumental Value and Vectors of Development

Cited by 2 publications

References 2 publications

Administrative regulations as a type of public administration acts

Administrative regulations as a type of public administration acts

Controversial Issues of Legislative Regulation and Definitions of the Concept "Legal Monitoring"

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