Theoretical and legal bases for assessing the effectiveness of implementation of legal acts in the defence sector

Анотація

The article is devoted to the study of theoretical and legal aspects of assessing the effectiveness of the implementation of regulatory legal acts as a basis for its application in the field of defense. The essence and differences of the main related concepts are revealed: “effectiveness of the implementation of legislation”, “effectiveness of law”, “effectiveness of legal act”, “effective law”. It is determined that the implementation of law is a component of the action of law, which directly affects the degree of effectiveness of a regulatory legal act. The conditions, factors and factors that affect the effectiveness of the implementation of regulatory legal acts are considered. It is determined that the most widespread in the theory of legal monitoring are the ideas of assessing the social effectiveness of legislation, given the main goal of the regulatory legal act - ensuring the social needs of society. Therefore, the key factor in it is the establishment of the social effect of the introduction of the law into force, the possibility of its improvement and consolidation of the achieved positive effect by legal means. The legal category “assessment of the effectiveness of the implementation of regulatory legal acts” is considered as a stage and tool of legal monitoring. The regulatory and legal framework for implementing legal monitoring in Ukraine in general and assessing the effectiveness of the implementation of regulatory and legal acts, in particular, are analyzed. The main approaches to implementing legal monitoring are reviewed, which can be based both on pre- planned general monitoring and on issues that have arisen in practice and require resolution. The general issues of implementing legal monitoring by executive authorities, including the Ministry of Defense of Ukraine, which is the main subject of law-making activity in the military sphere, defense and military construction, are outlined. As a conclusion, the need to improve the institutional and legal capabilities of state institutions, the main function of which will be the organization and implementation of legal monitoring in the relevant sphere, including the defense sphere, is noted.

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