The role legal impact and of legal experiment in the legal system: A legal analysis
Аннотация
AbstractThe phenomenon of legal experiment and actual problems associated with understanding its essence are investigated. On the basis of an instrumental approach to the understanding of law, the current trend in the development of lawmaking has been determined, which consists in the need to establish possible impacts that a normative legal act can potentially have on public relations. It is argued that all legal practice consists of assessment procedures. Given its own category definition "Legal impact". It has been established that with respect to some norms of law it is not always possible to predict their actions, in connection with which persons vested with law-making powers, we have to use the mechanism of legal experiment in our practice. Explicitly outlined and analyzed individual approaches to understanding the legal experiment that exist in theory state and law. The article examines the definition of a legal experiment contained in the current domestic legislation. An approach to understanding a legal experiment has been developed, which, on the one hand, accumulates all previous developments in this area of research, and on the other hand, offers a fundamentally new view of the essence of a legal experiment. The source base of the study was based on the provisions of the current domestic legislation, as well as doctrinal works on the subject, including foreign languages. The novelty of the research lies in the presentation of a comprehensive vision of the essence of legal experiment and has a methodological significance for all legal science. The conclusion is drawn about theunderstanding of legal experiment as a method of legal forecasting. The place of the legal experiment in the conceptual series of the theory of the state andrights. On the basis of the author's approach to understanding the legal experiment, the essence of this legal phenomenon is determined.
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