42 Perm U. Herald Jurid. Sci. 558 (2018)

handle is hein.journals/permujds42 and id is 1 raw text is: 

2018                      PERM  UNIVERSITY   HERALD.   JURIDICAL  SCIENCES                    Issue 42


      Information for citation:
      Kozhokar I P  0 pravovykh defektakh I pravovoj defektologii [On Legal Defects and Legal Defectology].
  Vestnik Permskogo universiteta. Juridicheskie nauki - Perm University Herald. Juridical Sciences. 2018. Issue 42.
  Pp. 558-586. (In Russ.). DOI: 10.17072/1995-4190-2018-42-558-586.

UDC   340.1
DOI:  10.17072/1995-4190-2018-42-558-586


I. P. Kozhokar
Institute of State and Law of the Russian Academy of Sciences
10, Znamenka st., Moscow, 119019, Russia
ORCID:  0000-0002-5186-5413
ReseacherlD: S-4500-2018
E-mail: 89272234877@mail.ru
Received   01.04.2018

          Introduction: this paper deals with defects in the regulatory part of the legal regulation
      mechanism  as deficiencies in regulatory and legal matter Commitment to high quality of legal
      norms  and regulatory acts is a prerequisite for the effectiveness of law and the main require-
      ment to lawmaking.  Creating legal uncertainty and being a fertile field for the emergence of
      many  negative legal phenomena, regulatory defects should become an independent subject mat-
      ter of a new scientific area of legal defectology. Purpose: to formulate the concept 'regulatory
      legal defect' taking into account the complexity of defectiveness as a legal phenomenon and its
      relationship with many other legal categories; to justify the importance of its independent re-
      search within the theory of law. Methods: the research is based on the general scientific dialec-
      tic approach to cognition of legal defects, which allows for considering this phenomenon in its
      formation and development  as well as in conjunction with related phenomena; other methods
      applied in course of research include methods offormal logic and specific scientific methods of
      studying legal reality (formal dogmatic, hermeneutical approach, legal modeling). Results: un-
      derstanding of regulatory legal defects is in dialectical unity with the concepts 'quality of law'
      and  'effectiveness of law'. A regulatory legal flaw can be recognized as a defect when it violates
      the quality standard of law and adversely affects the performance of a legal regulator Conclu-
      sions: the effectiveness of law is influenced by both non-legal factors (political, managerial, fi-
      nancial, social, psychological, ideological) and some legal deficiencies related to defects (re-
      strictions, obstacles, administrative barriers, legislative imbalance, neutralization of law). Reg-
      ulatory legal defects, mutually determined and interacting with other legal flaws, have their
      own content and their own conceptual line, reflecting certain shortcomings of the content, form
      and structure of legal rules and regulatory legal acts.

                Keywords: legal defects; regulatory legal flaw; quality of law; effectiveness of law;
                   legal defectology; legal obstacles; legal restrictions; administrative barriers;
                                 legislative imbalance; neutralization of law


 Kozhokar I. P., 2018

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